A.R.S. § 33-2207 - Foreclosure Of Assessment Liens By Timeshare Owners' Association

A.R.S. § 33-2307 is part of Title 33, Chapter 20 of the Arizona Revised Statutes (A.R.S. § 33-2201-2211), the Arizona Timeshare Owners' Association and Management Act, which address ownership and timeshare management in Arizona. The section addresses the process for foreclosure of assessment liens by a timeshare association, developer, or other managing entity:

A. If an association, developer or other managing entity files an action to foreclose the assessment lien on timeshare interests, the association, developer or other managing entity may join in the same action multiple defendant obligors and junior interest holders of separate timeshare interests, on compliance with all of the following:

1. The foreclosure proceeding involves a single timeshare plan.

2. The foreclosure proceeding is filed by a single plaintiff.

3. The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.

4. The nature of the defaults alleged is the same for each defendant.

B. In any foreclosure proceeding involving multiple defendants filed pursuant to subsection A, the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.

A.R.S. § 33-2307 was enacted to address situations where a timeshare association is forced to foreclose on an assessment lien. This express language of this statute may be confusing; therefore, if you are involved in a scenario where your timeshare association is trying to foreclose on an assessment lien you should consult with attorney.