The following is a checklist the steps and documents required for the Arizona Dept. of Real Estate “Subdivision Disclosure Report (Public Report)”, including, if you choose to pursue it, the initial Exemption allowing “conditional” contracts, which are non-binding and fully-terminable purchase contracts for lot sales, but conditioned upon the eventual issuance and approval of the DRE Public Report.

Most requirements are provided by you, your attorney or your civil engineer. Some our team may obtain elsewhere.

Requirements for a Petition for Exemption/Conditional Sales
(Fully Refundable Purchase Contract. Necessary only IF you wish to offer units/lots for sale before issuance of the Public Report)

• Signed Application form (Will be furnished for Applicant’s signature)
• Copy of substantially-completed draft Subdivision Disclosure Report/Public Report (Will be furnished)
• Signed Petition for Special Order of Exemption (Will be furnished for Applicant’s signature)
• Check for $100.00 filing fee payable to AZ. Dept. of Real Estate (Subdivider furnishes)
• Engineer’s Executive Summary letter from Soils Report, if conducted (Subdivider furnishes)
• Engineer’s Flood and Drainage Letter (FEMA flood designation and potential) (Subdivider furnishes)
• Specimen Purchase Contract for unit/lot sales and any Addenda (Subdivider furnishes)
• Copy of the Plat in FINAL form (does not need to be recorded) (Subdivider furnishes)
• Copy of final Declaration of Condominium/CCR’s, in FINAL form (does not need to be recorded) (Subdivider furnishes)
• Health Certificate (sewer and water approval): ADEQ/Maricopa County “Certificate of Approval of Sanitary Facilities for Subdivision”, or DRE-prescribed alternatives.  (Subdivider furnishes)

Requirements for Final Public Report Application (Some may have been provided above)

• Signed Application and “Expedited Filing” letter (Will be furnished for Applicant’s signature)
• Credit card payment for $450.00 filing fee payable with the AZ. Dept. of Real Estate.
• Health Certificate: ADEQ/Maricopa County Dept of Environmental Services “Certificate of Approval of Sanitary Facilities for Subdivision” (Subdivider furnishes)
• IMPORTANT!! Assurances for the completion of all incomplete public streets, underground utilities and private common area facilities, including driveways, landscaping, pools, clubhouses, fitness rooms, etc. (Subdivider furnishes)
• If applicable, copy of construction loan agreement or lender’s letter assuring partial-release provisions (if not contained in recorded Deed of Trust) (Subdivider furnishes)
• Filed Articles of Incorporation for Homeowners Association. (Subdivider furnishes)
• Executed Bylaws for Homeowners Association. (Subdivider furnishes)
• Recorded Declaration of Condominium/CC&R’s. (Subdivider furnishes)
• Copy of Option Agreement, if applicable (“Developer” to “Sales entity”) (Subdivider furnishes)
• Recorded Memorandum of Option Agreement above
• Articles of Organization for the Subdivider/Applicant LLC
• Operating Agreement for Subdivider/Applicant LLC
• Certificate of Good Standing from Arizona Corporation Commission for Subdivider/Applicant
• If a corporation, Corporate Resolution for signing authority for Subdivider/Applicant.
• Copy of Certificate of Assured Water Supply, if applicable
• If enrolled in CAGRD or a Member Service Area, “Notice of Confirmation of CAGRD Fee Payment”
• Engineer’s Executive Summary letter from Soils Report, if conducted(Subdivider furnishes)
• Engineer’s Flood and Drainage Letter (FEMA flood designation and potential) (Subdivider furnishes)
• Specimen Purchase Contract for unit/lot sales and any Addenda (Subdivider furnishes)
• Title Report dated within 30 days of filing (Our team will obtain from Title Co)