A.R.S. § 33-1259

Condominiums

Association as trustee

Condominiums · Text verified 2026-07-25

In plain English: When the association acts as a trustee in dealing with an outside party, that outside party can assume the association has the power to act and is using it properly, without having to investigate. As long as the outsider has no actual knowledge that the association is overstepping, they are protected in dealing with it. This makes it easier for third parties to transact with the association in its trustee role.

33-1259. Association as trustee

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.