Law Book - Arizona Department of Real Estate

R4-28-A1217
TITLE 4. PROFESSIONS AND OCCUPATIONS
2. A title report showing:
a. An effective date not more than 30 days before Department receipt. The Department may request
that the applicant update the title report so that it is not more than 30 days old when the public
report is issued;
b. A legal description based upon a recorded map, condominium or timeshare declaration. Metes and
bounds legal descriptions shall be used only for membership camping application title reports;
c. The applicant’s interest in the property;
d. The name and telephone number of the person who prepared the title report;
e. A requirement page, if applicable; and
f. The following statement after the title exceptions: ‘‘There are no further matters of record affecting
the land.’’
3. Legible copies of all recorded and unrecorded documents reflected by the title report, or known to
applicant, such as restrictions, easements, liens, encumbrances, trust agreements, options, and maps.
Historical Note
Section R4-28-A1216 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1217. ADEQ Approval
The applicant shall obtain subdivision approval from ADEQ or its designee.
Historical Note
Section R4-28-A1217 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1218. Property Registrations in Other Jurisdictions
The applicant shall provide a list of the jurisdictions where a property registration was filed with or accepted
by another department of real estate or similar regulatory agency.
Historical Note
Section R4-28-A1218 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1219. Condominium Developments
The applicant shall provide the following information about condominium developments:
1. A copy of the recorded condominium declaration, map, and amendments in effect, and
2. An opinion letter from an attorney licensed to practice in Arizona, stating that the condominium plat
and declaration of condominium are in compliance with the requirements of A.R.S. §§ 33-1215 and
33-1219.
Historical Note
Section R4-28-A1219 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1220. Foreign Developments
A. Unless exempt pursuant to A.R.S. § 32-2181.02, an applicant shall ensure that any development located
outside the state that is advertised, promoted, or sold within the state complies with all Arizona laws and
rules as if the land was located in the state.
B. Any law or rule that is specific to Arizona may be waived by the Department, or the Department may
request and accept the domicile state or country’s equivalent form of documentation.
C. The applicant shall provide evidence that the domicile state or country has authorized the sale of lots and
that the development is in compliance and good standing. If the domicile state or country issues a public
report or equivalent, the application shall include the report.
Historical Note
Section R4-28-A1220 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1221. Cemetery Developments
The applicant shall provide the following information about cemetery developments:
1. A statement that there are no liens on the cemetery property,
2. An accounting of the endowment care fund for an existing perpetual care cemetery, and
3. A financial statement of the applicant.
Historical Note
Section R4-28-A1221 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
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