Monthly Archives: March 2022

Legal Alert: New Ruling from Arizona Supreme Court Limits CC&R Amendments

Posted on March 29, 2022 by Terry Hernlund

By: Cameron Artigue

On March 22nd, 2022, the Arizona Supreme Court issued an opinion on Kalway v. Calabria Ranch HOA LLC et al. regarding the scope of permissible amendments to Covenants, Conditions and Restrictions (CC&Rs).  The Court affirmed that principles of “notice” and “foreseeability” limit the scope of potential amendments to CC&Rs.  A general provision for amendments (such as “these restrictions may be amended in whole or in part’) does not open the door to all possible amendments. Rather, amendments to CC&Rs are permitted only if they are foreseeable refinements to existing obligations.

The Court’s ruling only applies to amendments that impose “affirmative obligations” that create restrictions on use. 

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Grady Gammage Jr. Talks Water in an Op-Ed for AZ Central

Posted on March 11, 2022 by Terry Hernlund

On March 8th, 2022, AZ Central published an opinion piece from G&B Founder Grady Gammage Jr.  Among the topics discussed are the proposed Arizona Water Authority, the potential for desalination as a long-term augmentation project, and the lessons learned from his 2021 study “Return to Watering the Sun Corridor“.

Read the Op-Ed here!

 

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