The use of “Notwithstanding” in A.R.S.
How is the word “notwithstanding” used in ARS 33-1250 C? Is it looking back to a main rule or governing document to be inclusive of them, or is it providing an exception to rules or governing documents?
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Pamela,
“Notwithstanding” is used whenever the statute takes precedence over whatever the governing documents or other reference specify. It is often used throughout both the planned community act and the condominium act to identify where no matter what the governing documents say on an issue the specific provision in statute supersedes it. It is also used in reference to other specific statutes like in the statement further down in that exact statute, excluding the use of the non-profit corporation act provision of 10-3708.
If the statute establishes a standard but will allow the governing documents to take precedence, then the statement would use the terms “unless otherwise specified.”
Dennis