Arizona Revised Statutes Title 33. Property § 33-1801. Applicability;  exemptions;  voluntary election to be subjected to chapter

A. This chapter applies to all planned communities.

B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action by any homeowners' association that is subject to this chapter.  With the exception of homeschools as defined in § 15-802, schools shall not be established within the living units of a homeowners' association.  The homeowners' association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners' association's common areas by the school district or charter school.

C. This chapter does not apply to either of the following:

D. A nonprofit corporation or unincorporated association of owners that has the power under recorded covenants to assess members to pay the costs and expenses incurred in the performance of obligations created by recorded covenants for a real estate development that does not qualify as a planned community may elect to subject the nonprofit corporation or unincorporated association of owners to this chapter with the written approval of a majority of all the members.  A notice of election to be subject to this chapter shall be recorded by the nonprofit corporation or unincorporated association of owners with the county recorder of the county or counties in which the real estate development is located.  The notice is effective as of the date of the recording of the notice.  Any such election may be rescinded in the same manner as an election and is effective as of the date of the recording of the notice of rescission.