The State of Arizona, many of its agencies and other government bodies have the right to take private land and put it to public use. A common example of traditional eminent domain, which may also be called condemnation, is when the government wishes to build a road...
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Ways to enforce HOA rules
Communities governed by a homeowner’s association have governing documents such as the declaration of covenants, conditions and restrictions, and the HOA rules, regulations, and bylaws. But like the owner’s manual for a car, most of these documents are not read unless...
Enforcing your HOA rules and regulations
Phoenix residents who are members of their homeowner association (HOA) board have a duty to make sure residents are adhering to the HOA rules and regulations. HOA’s serve an important purpose. They contribute to a pleasant and orderly neighborhood and sustain home...
When can a quiet title action be used?
When you buy a property in Arizona it’s a major milestone and an exciting time. However, this moment can quickly become stressful if another party is making claims to the same property. There is now a question that what you worked so hard to acquire may not be yours....
Knowing how to navigate local boards is the first step
Zoning and other building codes are usually drafted and enforced by the appropriate local government body. For example, the City of Phoenix has its own set of building regulations. Different committees and boards may have a role in deciding questions about zoning,...
What to include in a purchase and sales agreement
A purchase and sales agreement is an important part of a commercial sales transaction. For that reason, the parties to the transaction should know how to negotiate and draft a purchase and sales agreement and what to include in one. There are several components of a...
Commercial property: Arizona disclosure requirements
Commercial real estate sales represent a significant transaction for both the buyer and the seller. The parties want a sale that’s negotiated in good faith, so they can trust that the decisions they make are good ones. Disclosure is an important part of that process,...
How to determine just compensation in eminent domain cases
As this blog has previously discussed, eminent domain is a significant power the government has to take private property for public use. Public service corporations engaged in a public works projects, e.g. electric utility providers, also have the right to exercise...
The legal challenges in a breach of contract
For Arizona businesses, contracts form the framework upon which a business operates, whether it is between partners and shareholders, contractors and subs, for purchase or sale, or for employment or service. The network of contracts between entities holds...
The basics of zoning laws
Zoning laws are used for planning and the development of cities and municipalities and can have a significant impact on the use of property and may also impact the value of property. For that reason, it is useful for property owners to be familiar with what zoning...