What This Statute Says
Section 33-535 spells out the form requirements for the amendment authorized by 33-533 (owner) or 33-534 (association). Three pieces of identifying information are mandatory.
An amendment by an owner under section 33-533 must identify the owner, the real property affected and the document containing the unlawful restriction. An amendment by an association of owners under section 33-534 must identify only the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form:
This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined in section 33-532, Arizona Revised Statutes. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.
Subsection B requires the amendment to be executed and acknowledged like a normal recorded document. Subsection C confirms that the amendment does not affect any restriction that is not unlawful. Subsection D protects against unintended republication of the original restriction by the act of recording an amendment.
When This Statute Comes Into Play
Anytime someone prepares an amendment under 33-533 or 33-534, this section is the checklist. The conspicuous-statement requirement means the amendment must clearly say what it is. A title examiner looking at the recorded amendment must be able to tell at a glance that the amendment is targeted at an unlawful restriction and that it does not disturb the rest of the document.
What This Means for Arizona Families
The substance of cleaning up an unlawful covenant on Arizona real estate is captured in this section. The amendment is not a creative drafting exercise. It identifies the document, names the restriction, and includes the prescribed statement. Beyond that, it follows the standard recording formalities.
For families, the practical takeaway is that the procedure is mechanical and predictable. A real estate attorney can prepare the amendment, the owner or association signs and acknowledges it, and it records like any deed. Our FAQ on deed requirements walks through the execution and notarization formalities that subsection B incorporates by reference. The result on the recorded chain is a clean, identifiable amendment that future warranty deed buyers and title insurers can read in seconds.