AZ LAW BOOK

33-1132. Waiver of exemption rights void Notwithstanding any agreement to the contrary, a waiver of the exemption rights provided by this article shall be void and unenforceable, except as specifically provided in section 33-1122 and when done with notice. 33-1133. Other exemption laws A. Nothing in this article shall be construed to displace other provisions of law which afford additional or greater protection to a debtor's property. B. Notwithstanding subsection A, in accordance with 11 U.S.C. 522 (b), residents of this state are not entitled to the federal exemptions provided in 11 U.S.C. 522 (d). Nothing in this section affects the exemptions provided to residents of this state by the constitution or statutes of this state. Article 3 Exemption From Execution of Foreign Judgement 33-1151. Exemption from execution A. In addition to any other exemption provided by law, all real, personal, tangible or intangible property of a judgment debtor in this state is exempt from execution of a judgment in favor of another state for failure to pay that state's income tax on benefits received from a pension or other retirement plan to the extent those benefits were received while the judgment debtor was a resident of this state. The exempt property may include community, joint or separate property of the judgment debtor. B. If the judgment debtor dies or absconds and leaves a spouse or dependent any property that is exempt under this section, the property remains exempt to the spouse or dependent. C. A claim or judgment in favor of another state for failure to pay that state's income tax on benefits received from a pension or other retirement plan to the extent those benefits were received while the judgment debtor was a resident of this state is not a lien on any property in this state that is owned by a resident of this state. 33-1152. Recording; effect A. A person must claim the exemption under this article under oath and in writing that establishes that the person is a resident of this state and particularly designates the real and personal property for which the exemption is claimed. The claim shall be recorded in the office of the county recorder in the county where the property is located. B. From and after the date of recording the claim the property is exempt from process and from sale under a judgment described in section 33-1151 existing before or after recording the claim, and any such sale is void. 33-1153. Abandonment of exemption; maintenance of residency A. A claim of exemption under this article may be abandoned by a declaration or grant of abandonment or waiver or by permanent removal of the claimant from this state. A claimant may remove from this state for up to two years without an abandonment or waiver of the exemption. B. A declaration of abandonment, waiver or grant must be executed and acknowledged by the claimant and is effective from and after the date it is recorded in the office of the county recorder in which the claim of exemption was recorded. Title 33, Chapter 9 CONDOMINIUMS Article 1 General Provisions 33-1201. Applicability This chapter applies to all condominiums created within this state without regard to the date the condominium was created. 33-1202. Definitions In the condominium documents, unless specifically provided otherwise or the context otherwise requires, and in this chapter:

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Law Book Revised 11.02.2017

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