Legal Update
United States Supreme Court Issues Landmark Decision Overturning Roe v. Wade
By: Erik W. Stanley, Esq.
In Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overturned its 1973 opinion in Roe v. Wade holding that the Constitution protects the right to abortion and its 1992 opinion in Planned Parenthood v. Casey reaffirming Roe’s holding. In the 6-3 opinion in Dobbs, the Court held that “The Constitution does not confer a right to abortion…. and the authority to regulate abortion is returned to the people and their elected representatives.”

Arizona Supreme Court Weighs in on HOA’s Use of General-Amendment-Power Provisions in CC&Rs to Amend Landowner Restrictions
By: Christopher J. Charles, Esq.
In Maarten Kalway v. Calabria Ranch HOA LLC, et al., No. CV-20-0152-PR, the Arizona Supreme Court considered whether a homeowners’ association (HOA) could use general-amendment-power provisions in its covenants, conditions, and restrictions (CC&Rs) to implement additional restrictions on landowners.
The Court ultimately ruled that the HOA could use the general-amendment-power provisions only to amend restrictions for which the original declarations had provided adequate notice. In other words, the HOA could amend only those restrictions that landowners could reasonably expect from the language in the original declarations.
Tenants in Common
By: Christopher J. Charles, Esq.
There are several ways to hold title to real property in Arizona: tenants in common; joint tenancy with right of survivorship; community property with right of survivorship; and as community property. This article focuses on real property held at tenancy in common. In a tenants in common scenario, two or more people or entities retain joint ownership of the real property. Unlike community property, the parties need not be married, and an unlimited number of parties may share in the ownership of the real property. Each tenant in common owns an undivided fractional interest in the estate and the interests may be disproportionate, e.g., 20% and 80%; 60% and 40%; 20%, 20%, 20%, and 40%, etc. Each tenant’s share can be conveyed, mortgage, or devised to a third party. Also, each tenant has its own tax basis.
Common Contingency Provisions in Real Estate Contracts
By: Christopher J. Charles, Esq.
Contingency provisions, or “if” clauses, are those conditions in real estate contracts that must come to pass before a sale closes. If the conditions do not occur, the sale will likely not occur unless the parties can negotiate a different agreement that resolves the issue. While parties can theoretically include any contingency provisions in their real estate contracts, some contingency provisions are common in real estate contracts, as follows.
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