Land use and zoning issues for development projects
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
1w ago
Cities, towns and residential areas continually expand in Arizona and other states. Although it feels like lots and farmland are sold and developed in a blink of an eye, the reality is that there are many facets that go into this process. Often, the land is not zoned for what the developer intends to use it for. As such, re-zoning is often necessary. Zoning ordinances and regulations concerning land use and restriction can be complex and confusing. As such, it is imperative to understand how you can navigate this matter and protect your rights so you can move forward with your development proj ..read more
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When should you walk away from a real estate deal?
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
3w ago
Commercial real estate transactions in Arizona can be complex. While you might expect a lot of negotiation, sometimes you may feel as if the negotiations are just not going anywhere and wonder if you should walk away. The truth is that sometimes walking away is the best choice. Even if you ultimately finalize the deal, you might be left with a bad feeling about the entire experience and wonder if the purchase was worth it. Here are some signs that you should probably back out of a commercial real estate deal. The numbers aren’t working One of the biggest reasons to walk away is if the numbers ..read more
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Commercial buildings and zoning to be impacted by new Arizona law
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
1M ago
Arizona real estate law can be complicated and those who are involved in the industry must stay up to date on changes as they come about. Some of these changes fundamentally impact how land is utilized. That can include zoning issues, which are a frequent obstacle for developers. Understanding how new laws will alter the landscape is imperative for everyone who has a stake in real estate. Governor signs housing bill to transition commercial property A new law has gone into effect after a housing bill was signed by Gov. Katie Hobbs. Its objective is to transform unused commercial buildings into ..read more
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What are some common legal issues house flippers face?
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
1M ago
Several television shows have popularized house flipping. These shows may make the process seem more glamorous than it actually is, but with a combination of ability, work and luck, an Arizona resident can indeed make a decent living by buying, re-furbishing and then marketing residential real estate. Like any other business, flipping carries risk. To turn a profit on an investment home, the flipper must be able to sell it for more than the sum of the purchase price and the cost of remodeling the home. House flippers also face several legal risks. If the Federal Housing Administration is insur ..read more
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Who bears responsibility for a condominium’s upkeep?
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
2M ago
There are many positives to owning a condominium in Arizona. When compared to owning a house, it avoids many of the challenges that people might face including being solely responsible for repairs, maintenance and safety. Still, there are difficulties that can arise. Knowing how the homeowner association (HOA) is responsible for various issues and what unit owners must do is key to ensure the property is handled according to the law. How are responsibilities allocated for upkeep? The HOA is required to make repairs, oversee maintenance and replace common elements if necessary. The unit owners ..read more
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What is inverse condemnation?
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
2M ago
Our readers who are familiar with previous posts here probably already know a bit about eminent domain and how that legal concept might impact their property rights. In short, eminent domain is the process by which a governmental entity or other authorized entity can take private property or property rights for public use, as long as just compensation is paid to the property owner. What happens if your property is taken without the eminent domain process being completed? That is when the term “inverse condemnation” may come into play. Inverse condemnation basics As opposed to an eminent domain ..read more
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Explaining Phoenix’s General Plan and Zoning Ordinance
Francis J. Slavin Law Firm
by rajayogan.s@thomsonreuters.com
3M ago
Most Phoenix businesses that are interested in constructing a building to house their operations realize that the City has adopted a zoning ordinance that controls the uses on specific parcels of land. The City’s Planning and Zoning Division provides many different services that are aimed at helping landowners develop their land according to their wishes without violating the Zoning Ordinance. What many prospective developers do not realize is that land use is also controlled by the Phoenix General Plan. The differences between the Zoning Ordinance and the General Plan are not always apparent ..read more
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Eminent domain and your right to condemnation proceedings
Francis J. Slavin Law Firm
by soham.amiyaroydastidar@thomsonreuters.com
3M ago
When you purchase a home, land or a business, you are under the impression that this real property is yours in its entirety. Essentially, a property owner is the owner of the land as it is described in the deed. However, certain events might alter the lot lines of their property. In other words, the owner could have a portion of their property – or all of it — taken by the government. Eminent domain may be a somewhat familiar term, but it is something that property owners do not expect to deal with personally. As such, it is not only imperative to understand the laws concerning eminent domain ..read more
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Being a leader of an HOA is a big legal responsibility
Francis J. Slavin Law Firm
by soham.amiyaroydastidar@thomsonreuters.com
4M ago
A person who agrees to be on the board of a homeowners’ association, or HOA, needs to understand that the opportunity comes with a lot of responsibilities. Individual board members, as well as the board itself, must make sure they follow the HOA’s founding and other governing documents. These documents spell out in legal detail the rights and responsibilities of the board, its members and the residents the HOA serves. On a related point, the board is responsible for preparing and enforcing the HOA’s covenants, conditions and restrictions, or CC&Rs. CC&Rs are important for the success o ..read more
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Can I sue a condo board member personally?
Francis J. Slavin Law Firm
by soham.amiyaroydastidar@thomsonreuters.com
5M ago
For residents of Arizona condominiums or cooperatives the question of suing a condo board member personally may arise. The complexity of this issue hinges on factors such as the board member’s conduct, relevant laws and available protections. This blog post aims to explore the circumstances under which Arizona condo board members might face personal liability and how they can mitigate potential legal challenges. Fiduciary duties Condo board members in Arizona are entrusted with fiduciary duties to act in the association’s best interest and its members. Violations of their various fiduciary dut ..read more
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