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Newsletter + Legal Alerts
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.
Legal Alert: New Requirements For Employers To Address COVID-19 Announced By President Biden On September 9, 2021
President Biden announced multiple new federal requirements that will impose upon employers mandates that are intended to cause more Americans to be vaccinated. The new requirements announced on September 9, 2021 will be enforced in part through the Occupational Safety and Health Administration (OSHA) of the Department of Labor, and in part through Executive Orders signed by the President on September 9, 2021. These new initiatives are explained below.
I. Vaccination Or Weekly Testing, And Paid Time Off For Vaccines To Be Required For Businesses With 100 Or More Employees.
Following years of efforts, the American Land Title Association and the National Society of Professional Surveyors adopted a new 2021 version of the ALTA/NSPS Land Title Survey Minimum Standards. The new standards became effective on February 23, 2021 and, because just about every commercial real estate transaction requires an ALTA survey, this is really important!
ALTA surveys play a critical role in real estate transactions, and most lenders and title insurers actually require them, especially for commercial, industrial, and larger residential properties. At their core, surveys are a tool that help identify potential issues that may affect the value or future use of a particular piece of property.
The development industry is on a hot streak, and with that Arizona cities are implementing changes to keep pace. G&B’s Land Use and Zoning group has compiled noteworthy news from across the Valley, including an update on the Scottsdale General Plan, an overview of a Landscape Maintenance text amendment in Phoenix, and information about key planning and development staffing changes.
Update: Scottsdale General Plan – City Council Deletes Proposed Desert Rural Land Use Designation
At its April 20th Work Study Session, the Scottsdale City Council directed City Staff to delete the proposed Desert Rural Land Use Designation from the City’s pending General Plan Update.
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