Arizona Real Estate Legal Information
That’s Not Really a Condo: Housing Cooperatives in Arizona
Housing cooperatives, or co-ops, are not the same as condominiums. There are several differences with important legal implications. This article addresses some of those.
Purchaser Dwelling Actions and Construction Defect Cases
Arizona has adopted laws that govern and restrict homeowners and homeowner associations from suing their builder/developer. The law puts in place several procedural hurdles that must be cleared before suing a builder or developer in certain cases. This article addresses those procedures.
2010 Arizona Legislative Update
The 2010 legislative session created several new laws that impact real estate owners in Arizona. The topics include HOA's, home inspections, landlord tenant issues, foreclosures and anti-deficiency issues.
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.
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.
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.
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.
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.
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.
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.