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Declarant Contracts, Including Easements, can be Voided

Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues:  The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered […]

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Can you Agree to Waive your First Amendment Rights?

Facts Marshall Spiegel, the Unit Owner, had been in constant litigation with his Association for over 20 years regarding various matters surrounding the operation and maintenance of the common areas.  One of these lawsuits sought to establish set dates in which the community pool was to remain open, among other things. Spiegel and Association agreed

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