Arizona Grant Deed Condominium

The Condominium Act is codified in Arizona at ARS 33-1201, et seq. A condominium is a piece of real estate, portions (units) of which are reserved for separate ownership, with the remainder designated for common ownership solely by owners of the separate units (33-1202(10)).

A conveyance of a condominium unit typically includes the unit and common elements appurtenant to the unit. "Common elements" are the portions of a condominium other than the units, such as entryways, hallways, walls, and gardens (33-1212(7)). The declaration establishing the condominium, recorded in the real property records, designates the allocated interest of each unit, meaning the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit (33-1202(2)).

Conveyances of condominium units follow the same guidelines for conveyances of real property under Title 33 of the Arizona Revised Statutes. As with any other transfer of real property, conveyance of a unit requires the execution of a deed.

A grant deed is a statutory form under ARS 33-402(2). When containing the word "grant" or "convey," a grant deed transfers title with the implied covenants that "previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee" and that the estate is free from encumbrances at the time of the conveyance (ARS 33-435). A grant deed typically does not contain a promise by the grantor to defend the title, but carries more certainty for buyers than a quitclaim deed.

To transfer a unit, the instrument of conveyance requires a sufficient legal description that designates the unit by number and includes the name of the condominium, the recording information for the declaration (recording date and location), the county or counties in which the condominium is located, and a description of the common elements, rights, obligations, and interests appurtenant to the unit (33-1214).

Either the unit owner or the association, depending on the whether the size of the condominium is below or above fifty (50) units, respectively, is required to furnish information, including the bylaws of the association, a copy of the declaration, and other various statements, to the purchaser within ten days of a receipt of pending sale (33-1260).

In addition to the unit-specific legal description, the unit deed requires the name, marital status, and address of each grantor and grantee, as well as the grantee's vesting information, in the conveyancing clause. A statement of consideration reflects the amount of money and the monetary value of the entire compensation paid for the transfer of title, including the amount of any liens assumed (11-1131(2)). Include a reference to the source of the current grantor's title and note any restrictions on the property.

Arizona requires an affidavit of real value, alternately referred to as an affidavit of property value, completed by both parties to the instrument, to accompany all instruments transferring an interest in real property pursuant to 11-1133. When documents are exempt, a statement that the transfer is exempt and a citation of the relevant exemption should appear below the legal description on the face of the deed.

All conveyances are subscribed and delivered by the grantor and acknowledged in the presence of an authorized officer (33-401). Instruments must comply with the formatting requirements set forth at 11-480, and any other county-specific requirements for form and content.

Submit the deed and any supplemental materials for recording to the county clerk's office of the county where the subject property is situated. Contact the office to verify recording fees and accepted forms of payment.

Consult a lawyer with questions about transferring condominium units and grant deeds in Arizona, as each situation is unique.

(Arizona Grant Deed Condominium Package includes form, guidelines, and completed example)