With over thirty years of experience practicing law, we have successfully handled thousands of cases - large and small, complex and simple - for clients in the Central Tucson, Foothills, and Tanque Verde area, and throughout Pima, Santa Cruz, Pinal, and Cochise Counties. For the convenience of our clients and all interested persons in real estate in the Tucson area, below we provide local news and media concerning our firm, real estate relevant events and news.
Recent Arizona Cases
- Dreamland Villa Cmty. Club, Inc. v. Raimey, 224 Ariz. 42, 226 P.3d 411 (Ariz. Ct. App. 2010) One of the large open questions in Arizona is when property owners can be brought into an existing set of Covenants, Conditions and Restrictions (sometimes called deed restrictions). Real estate attorneys may run into this problem both in the residential and commercial contexts when owners of an older real estate subdivision may need to make improvements and wish to have all owners bear the cost of these improvements and there is no explicit provision for assessments or membership in the homeowners' association Covenants. The Dreamland case sheds new light on these issues that real estate attorneys litigating this will want to carefully review: The court will look to the Covenants to determine whether there exists express or implied consent to the provision being amended. In the Dreamland case, the court refused to force the defendants to join an already existing association and pay assessments to maintain a recreation center.
- Flagstaff Affordable Hous. Ltd. P'ship v. Design Alliance, Inc., 223 Ariz. 320, 223 P.3d 664 (2010). The property owner filed a complaint against architect alleging breach of contract and professional negligence because the architect's design for an apartment building violated HUD accessibility guidelines. This issue had never before been decided in Arizona. The Arizona Supreme Court held that the economic loss doctrine applied to construction contracts not tort damages when there was no physical injury. This case is extremely important to commercial and residential real estate attorneys who litigate construction defect claims because it effects the amount of damages a court can award to a plaintiff. It is also important to Tucson real estate contract lawyers who draft commercial or residential construction contracts because it specifies the types of damages that may arise if an architect does not properly design a structure.
Tucson Real Estate Developments
- Tucson City Council Considers Relief for Existing Commercial Real Estate form Certificate of Occupancy Requirement. The Tucson City Council is considering a series of zoning reforms that will provide relief for owners of commercial real property in Tucson. Several years ago, the City Council required that tenants moving into existing commercial real property obtain new certificates of occupancy ("C of O"). A new C of O was required even if the use in the building did not change. This meant, for instance, that new parking restrictions would apply to the new tenant. A large number of commercial real properties were rendered virtually useless by the requirement to obtain a new C of O. In fact, many properties could not meet this requirement and maintain their usefulness converting them into "tear downs". Because of the virtual depression in real estate in Tucson, building owners have pressed the Tucson City Council for modifications to these C of O ordinances.
- Seller Financing Threat Relaxed by Changes to the Financial Reform Bill. The House-passed version of the financial overhaul bill would have required people to register as mortgage originators if, more than once over a three-year period, they finance a sale of property they own by taking "carry back" financing. The provision was written into the bill out of concern that unscrupulous businesses would try to get around new tough lending rules by financing real estate transactions themselves. Mercifully, this proposal was relaxed to three properties in one year by negotiators from the House and Senate. However, under the current proposal, anyone with three or more transaction a year would have to register as a mortgage originator.
- Pima County adopts an express permits system accessible through the internet. The City of Tucson has recently instituted an Online Building Permitting Pilot Program. This allows Tucson owners, architects, builders, developers and real estate attorneys to apply for both commercial and residential building permits online. Feedback to the new system has been very positive among the Tucson Commercial real estate community.
- The City of Tucson to consider a package of building and planning reforms to help construction. One of the difficulties that commercial real estate attorneys faced when working with a developer in Tucson or anywhere in Southern Arizona was the high cost of electric utility line extensions. The Southern Arizona Home Builders Association has recently submitted a "White Paper on this problem.
Seek Experienced Legal Counsel
If you need legal services related to real estate transactional matters, real estate and business disputes, business consulting, including workouts, bankruptcy, and entity formation, or estate planning matters, including wills, trusts, and probate, contact the Tucson Real Estate Attorneys of Neff & Boyer, P.C. at 520-722-8030 today.