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In AZ, do i have rights on a golf course located in a subdivision?

We have a golf course job in AZ coming up and it is owned by a home builder. Resources state that lien rights in AZ on residential jobs are limited to those with a written contract. does this statement above apply to this golf course as it is not really a residence, it’s a course, but located in a subdivision? If so, what does this statement above exactly mean in regards to AZ lien laws?

1 reply

Dec 31, 2018

That's a good question. First, it's worth looking at the exact rule being referenced - and believe the rule in question relates to ARS § 33-1002. Under that section of the Arizona mechanics lien statute, a claimant cannot file a mechanics lien against an owner-occupied dwelling unless the claimant has a contract directly with that owner. § 33-1002(1) and (2) provide some definitions that help to clarify when a property is considered "owner-occupied" and when a property is considered a "dwelling". A property is only considered a "dwelling" when "there has been constructed or is to be constructed any building, structure or improvement which is designed for either single one-family or single two-family residential purposes or activities related thereto...." under ARS § 33-1002(1). Under § 33-1002(2), an "owner-occupant" is a person who (a) holds title to the property, and (b) resides or intends to reside at the property "at least thirty days during the twelve-month period immediately following completion of the construction, alteration, repair or improvement and does not intend to sell or lease the dwelling to others." While there are some other clarifying factors in the statute, where construction is for something other than a home and where the party undertaking to improve the property is someone other than an individual who intends to reside (or already resides) at the property, the limitations on an Arizona lien claim will not apply. For more background on the general rules pertaining to Arizona lien claimants, the following resource should be helpful: Arizona Lien & Notice FAQs.

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