Category: Articles & Insights
Q: Can HOAs restrict Holiday Light décor during a pandemic or a non-Holiday time? Do HOAs have the “power” to ask people to take it down? …
Governor Ducey has signed Executive Order 2020-14, entitled Postponement of Eviction Actions. The Executive Order contains the…
Q: I am buying a house with an HOA that is under current litigation. If I buy, and the HOA
loses, am I going to have to pay into this…
In case you need a refresher, zoning laws exist to divide land into areas with specific purposes or uses. These laws, sometimes called…
As concerns over Coronavirus increase, an inherent uncertainty over the future has forced some industries to a standstill. To make matters more…
Zoning laws in Phoenix, at their most basic level, regulate how a property can be used, developed or modified. These laws vary between…
In law, the term “torts” refers to civil causes of action that provide damages for harm done or inflicted, whether intentional or not. Most…
As property changes hands throughout the years, there are bound to be issues that arise related to ownership. Ownership issues such as forgotten…
Mechanics liens allow any person who furnished “labor, materials, professional services, fixtures, or tools, in the construction, alteration,…
Valentine’s Day is right around the corner, which means there’s no better time to express love to your partner, your family or even your…
Dual agency in a real estate is when the real estate agent represents the seller and buyer in the same transaction. All parties involved in a…
Thanksgiving has passed, which means the holiday season is in full swing here in the Valley. The snowbirds have arrived, the traffic is…
With the holiday season in full swing, there are lots of people and companies planning out their holiday parties. One of the interesting things…
The prospect of facing litigation is certainly a new experience for many, and there are typically high stakes involved. Reputations, both…
Many golfers dream of owning a golf course, even if it’s not the most profitable investment available to them. While major corporations, management…
Despite the warm temperatures that indicate otherwise, fall has arrived in Arizona, which means Halloween is fast approaching. Halloween is supposed…
Purchasing real estate is a heavily involved process that takes time, coordination and a whole lot of paperwork. It is easy to spend months…
A homeowners’ association (“HOA”) is intended to protect the interest of all members of a community so that it is a great place to live.…
By definition, a contract is a legal obligation for each relevant party to fulfill the terms of agreement. It provides structure for many…
Purchasers of residential or commercial land are sometimes disappointed when they learn that they cannot use the land they purchased as they had…
Liens may be recorded against a property with or without consent of the owner, and homeowners are often left confused about the legalities of…
When a landlord and tenant are entering into a lease agreement, there are a few leasing options that vary based on structure: a periodic tenancy,…
The adoption of technology has extended into many different industries, driving necessary updates and further convenience. One such example is…
Now that it’s July, Arizona’s monsoon season is officially here. The strong winds, heavy rains and unpredictable weather wreaks havoc on…
Arbitration v. Mediation
“Oh yeah, I’ll see you in Court!”
When legal disputes arise, many think that initiating a lawsuit via the…
For years, cruising with the top down was reserved for those who could afford premium convertible cars. While they won’t scratch your need for…
Building a custom home is exciting and it can be easy to dive into the project before you’re fully prepared. From floor plans to paint colors,…
As technology increases, drones are becoming more and more common in our every day lives. While the advent of this technology is supposed to make…
When filing for bankruptcy, many homeowners assume they will lose everything. However, the Arizona Homestead Act was put in place to protect…
One of the biggest nightmares for new homeowners is to finally complete the purchase of their home and find out there are a bunch of issues that…
When homeowners fall behind on mortgage payments, many homeowners assume that losing their home is the worst-case scenario. However, if the…
The idea of owning commercial real estate can be appealing for many investors. A well-run commercial building with reliable, long-term tenants…
For property owners, we at MacQueen & Gottlieb know that disputes with neighbors can arise and be a source of frustration. To add to the…
Building your dream custom home or remodeling your family home is an exciting undertaking. It is understandable when people dive into the…
Every city and county in Arizona has its own unique set of laws regarding zoning, land use, and the administration and enforcement of these laws.…
If you’re looking to get into the medical marijuana business in Tempe, Arizona, but want to avoid a zoning catastrophe, there are some…
With another annual Tax Day upon us, it’s a great time to reconsider whether you should create a limited liability company (LLC) to help protect…
We’ve all heard about the horror stories of home remodeling and construction jobs where a licensed contractor wasn’t used. For that matter, there…
Business owners have a legal obligation to properly classify their workers in Arizona. The two most common classifications are independent…
Construction projects are complicated undertakings that require stringent focus, management, strategic planning, and execution. While it is…
As we celebrate the luck of the Irish this St. Patrick’s Day, it’s a good time to remember how important it is to have a plan for when the luck…
For many people, the allure of starting an online business is clear. Running your own successful online company can mean you have the freedom to…
Tying the knot is a dream for many wooing couples. You already know your partner well enough to want to pop the question to them. But how much do you…
Most people are familiar with the purpose of a will. A last will and testament can be used to detail your assets, property, possessions and how…
In Arizona, a lender uses a trustee’s sale to secure payment when they have an interest in a home or other property secured by a deed of trust. …
Arizona faces real challenges regarding a sustainable water supply for the growing population. The state has developed aggressive water supply…
If a homeowner sells their home for less than what they own the lender, this is referred to as a short sale. This can be a lengthy and complicated…
Any contractor, supplier, or service provider may place a lien on real property in Arizona in most circumstances where they rendered services and…
Have you heard of blockchain? Initially known for its role in keeping track Bitcoin and other cryptocurrencies, blockchain technology has begun to…
Whether you already own an existing limited liability company (LLC) or are starting a new company next year, Arizona has a new set of laws for LLCs…
Arizona has a prevalence of default judgments that can be difficult to set aside or dismiss. With recent changes to Arizona law, judgments are now…
It is easy to get excited about building a custom home. For most people, it is a long-term goal to build their dream home. There are so many…
A homeowner’s association (“HOA”) will generally have benefits and drawbacks that should be completely understood before purchasing a new…
Real estate commission disputes—determining if a broker is entitled to a commission, which broker gets paid, how much, and when—can happen to the…
If you own and manage rental properties, you may have heard about some of the possible benefits of forming a limited liability company (“LLC”) to…
Whether you are starting a new business or have been operating for decades, sound agreements and valid contracts are an essential component to the…
A quitclaim deed is one of the common options to transfer ownership of a property in Arizona. Quitclaim deeds can be used in a variety of…
Buying a new home can be an exciting and stressful process. You search through endless listings and visit many different houses before making your…
Airbnb and other online short-term rental services have created a way for homeowners around the world to create cash flow for their properties. In…
Millions of golfers around the world dream of owning a property on a golf course in Arizona. Most people think it’s as simple as picking a house…
If you plan on putting your home up for sale, there are laws in Arizona that detail what must be disclosed to any buyer. Most sellers will have…
Powering your home with solar panels is obviously a popular topic in Arizona, with as many sunny days as we have here. Since solar panels can lower…
On July 1st, 2018, several new provisions of and amendments to the Arizona Rules of Civil Procedures went into effect. While the new provisions were…
Monsoon season in Arizona is an unpredictable time of year. The heavy rains, winds, thunderstorms, and even hail can wreak havoc on your home. Many…
A homeowners’ association (“HOA”) is intended to protect the interest of all members of a community so that the community is great place to…
Every business owner needs to be prepared for inevitable legal challenges and pitfalls as they start and grow a company. There are some essential…
After a lender forecloses on a property, they will attempt to recover the money lent on the home by selling it. Lenders are often unable to…
Every business owner should have a clear succession plan in place that details what will happen when they are no longer willing or able to run…
If you are a commercial real estate landlord in Arizona and your tenant is more than five days late on their rent payment, then you may have the…
Property line disputes can be particularly difficult and tedious to resolve. You want to pursue resolution in your favor if you believe there…
Signing a long-term commercial lease can be an intimidating process. Most businesses need a place to operate so it might be tempting to lease…
Patrick MacQueen recently sat down with Cornerstone Home Lending to share some tips for real estate professionals looking at homes in HOA…
On June 6, 2017, attorney Patrick R. MacQueen argued an important case before the Court of Appeals involving real estate issues and the legal…
Most people are familiar with the process for a residential real estate purchase. It starts with the buyer making an offer and the seller…
All property owners in Arizona are required to pay their property taxes for the first half of the year on October 1st and the second half of…
Business partnerships can end for a variety of reasons. This can be the result of disagreements on the future of the partnership or business. …
Buying a business can be an exciting and stressful time. Yet, the excitement and anticipation of owning a business can result in hastily…
If you own residential real estate as an investment and you lease your property, it is foreseeable that you may need to terminate a rental…
It is not uncommon for business owners to find themselves in a situation where they have a customer or client that has not paid their bill. These…
It should not be a surprise to anyone that lives in Arizona that water is a scarce commodity. Allowing for continued development throughout the…
The state of Arizona enacted Revised Statutes Section 35-405 on April 1, 2011, which established the legal option to hold real property in an…
Real estate fraud is an unfortunate part of purchasing real estate anywhere and Arizona is certainly no exception. Scams and fraud involving real…
Understanding zoning and land use law in Arizona is essential to making the best use of your real estate and property. Nearly all real estate…
Whether you are considering purchasing your first commercial property or you own multiple commercial properties, you need to understand that…
Many employment contracts contain non-disclosure agreements and non-compete clauses in the restrictive covenants. It may be tempting to sign…
Trusts can be excellent estate-planning tools in Arizona, but they require more work than most people realize. Trust administration involves…
The last thing a homeowner wants to encounter are legal issues with a homeowners’ association (HOA) in Arizona. Unfortunately, these kinds of…
Unfortunately, foreclosure is a frightening reality. It can be much more stressful and frustrating when you don’t understand the process or…
An Arizona Limited Liability Company (AZ LLC) is a legal entity created by the state. You can use a limited liability company to start and run…
Quiet title actions are the main legal process used to determine who owns a particular piece of real estate in Arizona. Partition actions are…
At MacQueen & Gottlieb, our attorneys have combined experience in estate planning in Arizona. Don’t make the mistake of leaving things up…
At MacQueen & Gottlieb, we have experience with construction defects and in protecting consumer rights in Arizona. Our attorneys have…
Question: 5 years ago I purchased a home in Tempe, Arizona (the “Property”) for $400,000. My girlfriend Sara moved in with me shortly after I…