What This Statute Says
The Uniform Unlawful Restrictions in Land Records Act runs on precise vocabulary. This statute supplies it.
"Amendment" means a document that removes an unlawful restriction.
"Document" means a record recorded or eligible to be recorded in land records.
"Governing instrument" means a declaration of a condominium ... or a planned community ... or any document recorded in land records that does any of the following: (a) Establishes a governing body of an association of owners ... (b) Requires contribution of assessments or dues ... (c) Establishes prohibitions, restrictions, covenants or conditions on the transfer, use or occupancy of the real property described in the document that are to be enforced by a governing body of an association of owners ...
"Index" means a system that enables a search for a document in land records.
"Land records" means documents and indexes maintained by a recorder.
The most important defined term, "unlawful restriction," is the trigger for the article's removal procedures. The statute identifies it as a provision in a document that is unenforceable under federal or state law because it discriminates or otherwise violates law.
When This Statute Comes Into Play
The definitions become operative every time someone tries to use the rest of the Act. To record an amendment under 33-533 or 33-534, the property owner or association has to be working with a document that meets these definitions. A side letter or unrecorded restriction is outside the Act's reach. A condominium declaration or a recorded HOA covenant is within it.
What This Means for Arizona Families
When you ask the title company to flag any restrictions on your Arizona home, you may get back a list that includes anything from neighborhood architectural rules to language so old it predates fair housing law. The definitions in this statute are what separate the two. If a restriction sits in a recorded document and violates current law, the Act applies. If it sits in an unrecorded side agreement, you need a different remedy.
For families preparing to inherit or sell, this is the moment to ask your real estate attorney whether anything on the title report rises to the level of an unlawful restriction under the Act. Our FAQ on defects in a property deed outlines related cleanup paths. Once you have an answer, the procedural steps in the remaining sections of the article become clear. The work begins with the vocabulary in this section.