Real Estate Q & A: Can an HOA prohibit a short-term vacation rental?

Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  I am in the process of purchasing a vacation home in Scottsdale, Arizona. When I am not personally using it, I plan to offer it as a short-term vacation rental. I just received the CC&Rs from the title company and one provision causes me concern. It says that the …

Real Estate Q & A: Buyer can terminate deed restriction

Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question:  I am a developer and recently purchased four lots in a Phoenix neighborhood. Each lot is one acre. The original owner of the lots also owned a fifth adjacent lot that is currently owned by an individual who has lived in a home on her lot for decades. …

Builder exempt from CC&R requirement after association employee approves plans

By Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question:  My company builds custom homes throughout the Valley and is finishing the construction of a custom home on a lot in the Fountain Hills area. The lot is subject to Conditions Covenants and Restrictions (CC&Rs) which required us to obtain approval from the association. Recently, we went back to …