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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.
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“.
Adult Use Cannabis Update: Qualifying Zip Codes for Social Equity Program Applications Now Available
The Arizona Department of Health Services (“AZDHS”) recently finalized the rules governing the Social Equity Program for adult-use marijuana establishment licenses. The highly anticipated Social Equity Program rules were adopted effective as of June 1, 2021, and may be found online here.
Established by Proposition 207, the Social Equity Program is designed to make adult-use marijuana establishment licenses available to communities and individuals who have been adversely impacted by the enforcement of previous marijuana laws. To advance that goal, the recently adopted rules set forth specific eligibility criteria for those seeking to apply for an adult-use establishment license under the Social Equity Program.
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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