Arizona § 33-1002 - Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void
Full text of Arizona Arizona Revised Statutes § 33-1002 — Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void, with citation guidance and answers to common questions.
§ 33-1002. Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void
A. In this section:
1. "Dwelling" means real property upon which 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, including an apartment in a horizontal property regime or other condominium.
2. "Owner-occupant" means a natural person who:
(a) Prior to commencement of the construction, alteration, repair or improvement holds legal or equitable title to the dwelling by a deed or contract for the conveyance of real property recorded with the county recorder of the county in which the dwelling is located, and
(b) Resides or intends to reside in the dwelling 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. Residence in the dwelling or intent to reside in the dwelling may be evidenced by the following or other physical acts:
(i) The placing of his or her personal belongings and furniture in the dwelling, and
(ii) Occupancy either by the person or members of his or her family. A single act shall not establish a person as an owner-occupant if such person permits exclusive occupancy by other than members of his or her family for other than temporary purposes thereby negating his or her intent to reside in the dwelling primarily for use as his or her home.
B. No lien provided for in this article shall be allowed or recorded by the person claiming a lien against the dwelling of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except by a person having executed in writing a contract directly with the owner-occupant.
C. Any provision of an agreement made or entered into by an owner-occupant which waives the provisions of this section is void.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 33-1002
What does Arizona Revised Statutes § 33-1002 cover?
Section 33-1002 ("Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 33-1002?
A common citation format is "Arizona Revised Statutes § 33-1002" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 33-1002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.