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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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Are ARizona Independent retirement communities regulated under

Customer Question

Are ARizona Independent retirement communities regulated under Arizona Department of Real estate.
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

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The AZ Dept of Real Estate licenses and oversees real estate sales people and real estate brokers and doesn't have anything to do with regulating Independent Retirement Communities. if there are any issues, problems or complaints regarding such a facility then they are directed to the office of the Attorney General in AZ. In some facilities if they engage nursing personnel or are somewhat like assisted living facilities then the AZ Dept of Health Services is charged with the oversight of such a community. Otherwise, in the absence of any medical services being offered at the facility, a retirement community can and often is managed just like a regular apartment community.

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MARY

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MARY

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14461
Experience: 15 years exp all aspects of general law
Legalease and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Mary. Yes, just some more detail. The question is in response to your answer that a property management firm that manages an Independent Living Retirement Community does not come under the Arizona Department of Real Estate regulations. Do you have a statute reference you can send supporting this conclusion that clearly exempts Independent Livinbg etirement Communitis. Please send if you can at your earliest opportunity. Thank you.

Expert:  Legalease replied 1 year ago.

Hello there

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Unfortunately, no such statute exists. Statutes exist regarding which entities are regulated by the Arizona Dept of Real Estate but the legislature does not and will not make a list of those items/entities which are NOT regulated by the Arizona Dept of Real Estate.

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However, the ADR does regulate when land is subdivided to break up into communities such as retirement communities or timeshares and they can launch an investigation if someone files a complaint that the land was subdivided illegally or there are illegal timeshares -- because I do not know more about why you are asking the question, I am wondering if perhaps you are looking at the retirement community has having been illegally subdivided or they may have set up illegal timeshares there? If that is the case, then you should contact the ADR to investigate such matters. Other than that, the ADR does not oversee the day to day operations of such a community or actually license the community to exist and operate. Here is a link to what services are offered by ADR regarding oversight of illegal subdivisions or timeshares. http://www.azre.gov/Dev/Dev.aspx

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MARY

Customer: replied 1 year ago.

 


Thank you for your quick responses. Here is the situation. Nothing to do with land development which would surely be regulated. We have an Arizona property management company that manages an Independent Living Retirement Community in Arizona and we just want to be sure that we do not have to subscribe to the regulations of the Arizona Real Estate Department like a new home sales company or a conventional apartment complex. A retirement community we believe is more like a public accommodation which is what a hotel is. The Independent Living Retirement Community provides lodging but also food services, housekeeping, security and other numerous personal services. Your two previous responses were that the Independent Living community is not subject to Arizona Real Estate regulations but that no where is there a statute that specifically exempts Independent Retirement Living Comnmunities. This seems to imply a lack of specificity. So we just wnat to be certain that a property management firm that manages an Independent Living Retirement Community is in fact not subect to any Arizona Real Estate Regulations. Your thoughts please. As subscribers to your leal service, we will await you response.

Expert:  Legalease replied 1 year ago.

Hello again

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It is not a lack of specificity -- there are no statutes that exempt your type of facility. But statutes do not work like that -- they include what they regulate. However, if you are operating to sell these units then you would have to have a broker license through the ADR. Our website is for education purposes only and should not be relied upon in place of local counsel. My suggestion is that you check directly with the ADR intake section and tell them what you are doing and ask if you need to register with them just to be certain.

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MARY

Customer: replied 1 year ago.

It appears from your emails that the Independent Living retirement community does not come under the auspices of the Arizona Department of Real Estate. We provide 24 hr a day service and the residents pay a monthly rental fee. No title of real estate ever changes. We do ask the resident to sign a lease but it is cancellable for any reason with a 30-day notice so there is no long term commitment. It is effectivley tantamount to a 30-day agreement. We also provide meals, housekeeping, security and various other personal services. We are more akin to a hotel which is called a public accommodation. As you noted since there is nothing in the statutes that stipulates that we are covered then it reasonably appears that we are not subject to the ADR regulations. I think we agree on these assertions. Your thoughts. Thank your for your previously prompt replys.

Expert:  Legalease replied 1 year ago.

Hello again -

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That is what I meant by your not being subject to ADR registration and oversight.

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MARY

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