Phoenix Legal Information
HOA Law
No HOA? Restrictions May Still Apply…
It is not enough to ask whether a particular community “has an HOA”. That is because, regardless of whether there is a functioning board of directors for the HOA, there may still be covenants, conditions, and restrictions (CC&Rs) that apply.
Real Estate
Options on the Table
Options to purchase real estate are back. Whether popping up in leases or in standalone agreements, options seem to be very a popular vehicle in today's real estate market, with benefits for parties on both sides of the transaction.
Foreclosure Law
Arizona Foreclosure Deficiency Laws
Most homeowners in Arizona that find themselves in a foreclosure situation are facing what is called a "trustee's sale". This sale process stems from Arizona's deed of trust laws. If the home is sold at a trustee's sale and the proceeds are insufficient to cover the loan amount, the lender may choose to pusue a deficiency action. However, there are exemptions and protections under Arizona law that protect many homeowners from such liability.
Landlord Tenant Commercial
Arizona Commercial Landlord Tenant Law
The Laws that govern Arizona commercial landlord tenant issues are much less comprehensive than the laws that govern residential landlord tenant issues. Commercial lease issues usually involve retail, industrial, office space, or other commercial uses. Often, these disputes are governed primarily by the lease terms themselves.
Nonprofit Corporation Law
Arizona Nonprofit Corproation Act
The Arizona Nonprofit Corporation Act governs most nonprofit or not-for-profit corporations in Arizona. Such corporations often include homeowner associations (HOA's), churches or other religious institutions, charities and many more.
Landlord Tenant Residential
Arizona Residential Landlord Tenant Act
The Arizona Residential Landlord Tenant Act is the body of law that governs most residential lease issues in Arizona. This law affords residential tenants many protections and creates various procedural requirements for landlords. The Act covers rent issues, evictions, partial payment, utilities, lease termination, security deposits and much more. It is important for both landlords and tenants to follow the law because it will almost always trump the lease when there is a conflict.
HOA Law
Arizona Planned Community Act
There are generally two bodies of law that govern HOAs, depending on which category they fall under: Condominium or Planned Community. The Planned Community Act governs most single family detached homes in an HOA.
HOA Law
Arizona Condominium Act
There are generally two bodies of law that govern HOAs, depending on which category they fall under: Condominium or Planned Community. The Condominium Act governs most condominium or townhouse communities in Arizona.
Litigation
Earnest Money Disputes
These days, there are many issues that can kill a deal. With the prevalence of short sales, foreclosures and other non-traditional transactions it can be very difficult for brokers to keep a deal together through closing. Buyers back out for many reasons and sometimes no reason. When they do, there may be significant earnest money in dispute. Whether the seller or buyer “breached” the purchase agreement and who is entitled to the earnest money is often hotly contested.
Litigation
Title Issues Holding Up Your Transaction?
Title issues such as mechanic's liens, rogue deeds in the chain of title and adverse possession claims can hold up a transaction. It is important to properly identify the problem before a solution can be reached.