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STATE OF ARIZONA DOUGLAS GOVERNOR A. DucEY
DEPARTMENT OF REAL ESTATE JUDY LOWE
COMMISSIONER
100 NORTH 15Th AVENUE, SUITE 201
PHOENIX, ARIZONA 85007
Memorandum of Understanding
between
Maricopa County and Arizona Department of Real Estate
for
Illegal Subdivision Investigations
This Memorandum of Understanding Agreement (MOU) is entered into by and between
Maricopa County, a body politic and corporate of the State of Arizona ("County") and Arizona
Department of Real Estate ("ADRE") pursuant to A.R.S. § 11-952.
Recitals
1. Per Arizona Revised Statute (A.R.S.) § 32-2101, a subdivision is defined as six or more
lots, parcels or fractional interests less than thirty-six acres in size that are divided for the
purpose of sale or lease. It is unlawful for a person or group of persons acting in concert to
circumvent the subdivision laws of Arizona by dividing a parcel of land into six or more lots
or selling or leasing six or more lots by using a series of owners or conveyances.
2. Per A.R.S. § 11-831, the division of property into five or fewer lots where no lots exceed ten
(10) acres provided each resulting lot complies with the underlying zoning, may occur as of
right.
3. County is authorized by A.R.S. § 11-821 to adopt general regulations to govern
subdivisions, including requirements for streets, utilities and flood control and drainage
improvements.
4. ADRE is authorized by A.R.S. § 32-2102 to administer Title 32 Chapter 20 of the Arizona
Revised Statutes to protect the public interest through licensure and regulation of the real
estate profession in this state.
5. The division of property that fails to meet the requirements of A.R.S. §§ 11-831 or 32-2101
constitutes an illegal subdivision of property.
6. County and ADRE desire to work cooperatively on alleged illegal subdivision investigations
to assure proper application and compliance with the subdivision definitions and standards.
NOW, THEREFORE, Maricopa County and ADRE, pursuant to the above, and in
consideration of the matters and items hereinafter set forth, do mutually agree as follows:
Agreement
1. Purpose. The purpose of this MOU is to outline the cooperation between Maricopa County
and ADRE, through joint meetings and trainings, and investigative procedures in order to
more effectively complete alleged illegal subdivision investigations and gain compliance of
such violators.
2. Scope.
ADRE agrees to:
a. Designate primary points of contact for complaints and investigations within the
Investigations Division, and the Deputy Commissioner for communicating with the
County.
b. Hold joint meetings, as agreed to by both parties, as collaborative opportunities for on-
going training with County staff on subdivision laws and the investigation of potential
violations of those laws. Joint meetings may include discussion on evidence, and the
sources for such evidence, necessary to support a finding of illegal subdivision;
subpoenas, and the desired format of case investigation data and reports.
c. Provide updates on items of mutual interest, such as cases when determined
appropriate.
d. Partner with available County staff during collection of evidence to review and
supplement the investigation report for clarity and material strength.
e. Provide ADRE staff with relevant knowledge and testimony, to appear as a witness
during legal or administrative proceedings.
f. Provide documentary evidence when requested.
Maricopa County agrees to:
a. Designate county staff member to be the primary point of contact for communicating
with ADRE staff. In the event said staff person shall change, the County shall provide
timely notice of such change to ADRE.
b. Notify ADRE of potential violations of A.R.S. §§ 32-2101 and/or 11-831as they are
identified.
c. Assist ADRE, as County resources permit, to gather evidence from public records that
document suspected violations.
d. Submit the evidence to the ADRE.
e. Provide County staff, when available, with relevant knowledge and testimony, to appear
as a witness during legal or administrative proceedings.
f. Provide ADRE with access to Maricopa County Recorder documents and allow printing
of non-certified documents.
3. Term. This MOU is effective on the date it is signed by both parties, and shall continue
unless it is terminated in writing by either party.
4. Notice. Any notice required or permitted to be given under this MOU shall be in writing and
be delivered upon the other party as follows:
County: ADRE:
Jennifer Pokorski Judy Lowe, Commissioner
Planning and Development Department Arizona Department of Real Estate
501 N. 44th St. Suite 200 100 N. 15th Avenue, Suite 201
Phoenix, Arizona 85008 Phoenix, Arizona 85007
VVWW.AZRE.GOV
With copies to:
Joy Rich, County Manager
301 W. Jefferson, 10 91 Floor
Phoenix, AZ 85003
In Witness Whereof, Maricopa County has caused this Memorandum of Understanding
Agreement to be executed by Chairman of its Board of Supervisors, and ADRE has caused this
Memorandum of Understanding Agreement to be executed by the Commissioner of Real Estate.
Maricopa County: ADRE:
Chairman Coissioner
Maricopa County Board of Supervisors Ari o a Department of Real Estate
WWW.AZRE.GOV