What This Statute Says
This is the heart of the owner-driven cleanup procedure. A single property owner does not need permission from the original drafter, the homeowners association, or the court. They can record an amendment that removes the unlawful restriction from the chain of title for their parcel.
Except with respect to property to which section 33-534 applies, an owner of real property subject to an unlawful restriction may submit to the recorder for recordation in the land records of the county in which the property is located an amendment to remove the unlawful restriction, but only as to the owner's property.
A.R.S. § 33-533The amendment is owner-specific. Other parcels covered by the same original document keep the original recording until those owners take their own action.
When This Statute Comes Into Play
The provision is used in two common contexts:
- A homeowner pulls a title report and discovers the subdivision's original CC&Rs contain a race-based covenant from the 1940s or 1950s.
- An older recorded deed restriction limits sale or occupancy in a way no longer permitted under federal or state fair housing law.
In either case, the owner can prepare the amendment, sign it with the same formalities as a deed, and record it.
The Carve-Out for Association-Controlled Property
Section 33-534 governs amendments by an association of owners. Where the property is subject to a governing instrument enforced by a homeowners association or condominium association, the association may amend the document under 33-534 rather than the individual owner under this section. The two pathways exist side by side.
What This Means for Arizona Families
If your Arizona property is burdened with an unlawful covenant that you find offensive, you have a direct, individual remedy. You do not need to convince neighbors or wait for the HOA to act. You record an amendment, the recorder accepts it, and your parcel's chain of title carries the cleanup forward.
The amendment is symbolic for some families and substantive for others. A buyer doing diligence on your home will see the amendment recorded next to the offending document. The unlawful restriction was already unenforceable, but recording the amendment makes the cleanup visible. Our FAQ on Arizona deed requirements covers the formalities the amendment must follow. The real estate the heirs eventually inherit is yours to clean up, the same way you would address any other recorded defect during your lifetime.