Section R4-28-B1203. Material Change; Public Report Amend- ments

A.      The developer shall notify the Department of all material changes in the information required by A.R.S. Title 32, Chap- ter 20, Articles 4, 7, 9, and 10, or 4 A.A.C. 28, Article 12, Part A.

B.       According to material changes reported in subsection (A), the Department may require the developer to amend the public report.

C.      Completion Date Extension.

1.        A developer may apply to the Department for an amend- ment to a public report to extend the completion date of any improvement by providing an affidavit from the developer attesting that each purchaser, owner, and the city or county officials responsible for improvements were provided written notice of the completion status of the improvement, including a list of all people who were provided notice.

2.        The Department may deny the application to extend the completion date beyond the first extension if a purchaser, owner, or city or county official opposes issuance of an amended public report to extend a completion date.

3.        If an extension is denied, the developer shall provide the Department with a written agreement to suspend sales until the improvement is complete or the Department may issue a summary suspension order as provided in A.R.S.

§ 32-2157(B).

D.      To amend a public report, a developer shall submit payment of the applicable amendment fee and the following information:

1.        The name and registration number of the development;

2.        The name and signature of the developer;

3.        A list of the changes to the development and sales offer- ing or in the information previously provided to the Department;

4.        Status of sales as prescribed in subsections (C) and (E); and

5.        A purchase contract addendum, to be signed and dated by both seller and purchaser, acknowledging that the sale is conditioned upon issuance of the amended public report and purchaser’s receipt and acceptance of the amended public report.

E.       Suspension of sales.

1.        If necessary for the protection of purchasers, the Depart- ment may suspend approval to sell or lease pending amendment of the report.

2.        In lieu of issuing a suspension order under A.R.S. § 32- 2157, the Department may accept a developer’s written agreement to suspend sales until the amended public report has been issued by the Department.

F.       If the Department determines that a suspension of sales is not necessary for the protection of purchasers and approves the proposed disclosure of the change, sales may continue if the prospective purchaser is provided a copy of the current public report and disclosure of all changes before signing a contract. Completion of sales is conditioned upon the developer obtain- ing and delivering to each purchaser under contract the amended public report.

G.      Upon obtaining the amended report, the developer shall pro- vide a copy to prospective purchasers in place of the earlier public report and obtain a receipt for the amended public report.

H.      If an application to amend a public report is denied, the Department shall notify the developer in writing of the statu- tory basis for the denial and of the developer’s right to a fair hearing.

Historical Note

Section R4-28-B1203 renumbered from R4-28-1203 and amended by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Amended by final

rulemaking at 6 A.A.R. 1886, effective May 2, 2000

(Supp. 00-2).