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Brandon Kavanagh

Brandon Kavanagh’s Answers

342 total


  • What right do I have when trimming down neighbor's palm tree?

    backyard neighbor's 15 ft palm tree branches is crossing the brick wall and the leaves are directly over our planter blocking the sun for the flowers., see the picture here https://www.dropbox.com/s/3f0ctf8nqgq194c/tree.jpg?dl=0 , there are over 1...

    Brandon’s Answer

    I agree with the other posting attorneys that you can cut back to your property line. A thought to add is to be careful how you do that. You need to cut over and access only your property and not trespass on the neighbor's property. Also realize that if the cut branches end up in the neighbor's yard, you are likely going to make the dispute worse; however, your pictures appear to show that you could cut without leaving anything in your neighbor's yard.

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  • When someone is coming into an apartment complex through an exit gate, is it illegal not to move over while exiting the gate?

    A gentlemen in my apartment complex and several others come in the exit gate, when I am exiting if they are coming in, I move over far enough for them to get around me, I don't block or hinder them getting in, the gentleman mentioned at the start ...

    Brandon’s Answer

    There is not enough here to be able to answer your question. Is there a marked exit gate or is it just "used" as an exit? Is this on private property or is this at a public street intersection at the edge of the complex? You should sit down with a real estate attorney that can properly evaluate the location of this issue and how that impacts traffic control. You may need to contact the police or your complex management for their assistance in ending the use of the exit gate if it is truly limited in its use that way.

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  • Who is responsible for digging up private street owned/maintained by HOA to fix my sewage line damage underneath?

    I live in a townhouse community and the roads inside are private. My neighbor's tree roots grew into my sewage line under the street in front of my home. If the streets weren't private, the city would've fixed damage immediately at no cost. The HO...

    Brandon’s Answer

    You need to sit down with an attorney with a background in HOA and real estate law to go through your CC&Rs and other related documents that establish the rights and responsibilities of the owners and the association in your neighborhood. That review will establish whether you need to make a demand on your HOA with legal authority included. You will also need to evaluate whether it is more efficient legally versus practically to sue to force the repairs or make the repairs first and then sue to recover your costs.

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  • Dominatrix legality in Arizona?

    I am considering going into the "profession" as I have been involved with a fetish adult site for years and have had countless people ask if they could book a session with me however I have always declined. I would like some serious answers please...

    Brandon’s Answer

    You should find an attorney that is experienced with setting up or advising sexually oriented/adult businesses. Noting that a true dominatrix is not a prostitute, pornographer, or exotic dancer, you still have to deal with the fact that the laws you need to address are mainly focused on those areas. Your main concerns will be zoning issues in starting a location for the business as you will indeed be operating an adult business that can be zoned in a certain manner and you want to avoid any claims that you have a home-based business in a residential neighborhood. You will need to register for a business license and take care of issues such as transaction privilege/sales taxes. Be aware of prostitution, pornography, indecent exposure, and public sexual indecency laws and be prepared to explain how your business does not violate such laws if anyone makes a complaint otherwise. You will need written waivers/consents with statements about how the customer understands the scope of the service being provided (and what is not being provided) and what may occur (including injuries) in providing such service.

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  • Are we require to respond to HOA letters? thanks

    I feel harassed by our HOA? in their letter, it sounding like we are habitual offenders.

    Brandon’s Answer

    We cannot answer whether or not you are required to respond without knowing what the contents of the letter state. Is there a statement that you must do something or stop doing something by a particular date? Is there a demand that you follow some form of process or pay some sort of fee or fine? Or is it just a one-sided notice letter to you? If you want an appropriate answer, you will need to show an attorney the letter so that they can tell you what you have to do and what you might want to do in response to protect your rights.

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  • What Happens When A Corporation Refuses To Pay A Civil Judgment?

    When a civil judgment is obtained against a corporation/business instead of an individual, and that corporation clearly has liquid assets/bank accounts that it won't disclose (even through a debtor's examination), is there anything that a Court re...

    Brandon’s Answer

    I agree with the other posting attorneys. You might want to contact a private investigator that is experienced in doing asset searches. I have one that I work with for collections matters and he does a $500 base asset check and then he can do add ons for bank searches, brokerage searches, etc. I do this rather than spending time in a debtor's exam because I do not have to worry about the person across the table from me lying and it is far less expensive for my client than the hourly rate to prep for and be in a debtor's exam. The PI also does a good job in telling me when he thinks there is nothing or not enough out there to be worth my client's time. In those cases, the $500 is to save the hours I might have spent chasing ghosts. There may be other tricks that a collections attorney can help you with or you might even find someone to buy your judgment at a discount so that they can spend their time chasing the corporation while you at least get something from the judgment up front.

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  • I live in a townhouse my neighbor feeds 10 feral cats who sprayall over his neighbors townhouses. HOA will not deal w feral cat

    HOA WONT DO ANYTHING BECAUSE HE FEEDS THEM IN HIS FENCED PATIO AND FERAL CATS ARE PROTECTED.

    Brandon’s Answer

    I agree with the other posting attorney that you need to review this matter with an attorney with all of your HOA documents including CC&Rs and bylaws along with the local codes to try to find the most direct way to handle the issue. What do you mean by feral cats being "protected"? If the cats get picked up by animal control, the issue may well be over. That being said, if animal control does not resolve the issue, your attorney will also need to know why this bothers you. Is it that someone in your home is allergic to cats? The smell of the cats marking? Do you have pets/children of your own that are impacted by this? Or do you just not like this person feeding feral cats? This all plays in to whether you may have a nuisance claim, whether or not the local codes address the issue.

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  • Can our landlord hand deliver and send a paper certified, saying that our mobile home lease is terminated after 30 days?

    We have lived in the mobile home for 23 years and have NEVER received any paper work (other then the termination of lease) always paid rent and trailer taxes. The owner wants to make the mobile home park into a RV park so he will do anything to ge...

    Brandon’s Answer

    • Selected as best answer

    You need to talk to a landlord/tenant attorney ASAP that is familiar with the Mobile Home Landlord & Tenant act. I am sorry to disagree with the other posting attorneys, but the Mobile Home act does contain different requirements on landlords than the Residential act mainly because of situations like yours where a home has been in a park for many years. You will need to discuss the specific facts of your situation with the attorney, including whether you ever had a written lease (way back in the beginning or any time since), whether you have ever "disagreed" with the landlord over the remaining term of your lease, and whether or not the termination requirements of the Mobile Home act have been met. If you need assistance finding an attorney, you may want to contact the Maricopa County Bar referral service.

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  • What exactly is a "Discount Payoff Agreement", from a mortgage lender?

    Ocwen loan services, is offering a discount payoff of $15,000. With a release /satisfaction and a discharge of the Deed of Trust/Mortgage. What does this specifically mean. That you are able to keep the home, or is it just releasing you from the...

    Brandon’s Answer

    This is Ocwen trying to get some cash out of you rather than facing either the option of taking title to your property through foreclosure or seeking collection of a deficiency judgment. I agree with the other posting attorneys that you need to discuss this with an attorney as there are a few issues potentially involved. You may be protected by the anti-deficiency statute, which would potentially make the offer worthless and actually worse than Arizona law or you may be offered an opportunity to keep a property that would otherwise be foreclose upon. You also need to consider the tax implications of your situation as you do not say what balance your loan has and whether or not the agreement will result in you being taxed on forgiven debt. Contact an attorney and your accountant to get a full examination of the situation before you decide to listen to the offer.

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  • AZ res tenant requests early term, moves out & req. sec. deposit-still owing 4 more mo. When is Landlord required 2 refund dep?

    Lease provides that tenant make monthly lease pmts., keep util. on and maintain landscape until new tenant located and property income resumed.

    Brandon’s Answer

    • Selected as best answer

    ARS 33-1321.D is certainly the requirement for accounting for deposits, but you are really asking the question of whether you have to refund any of the deposit. That is not something that any of us can answer with the limited facts you have provided. You need to sit down with an attorney to discuss breach of contract damages, what the landlord is required to do to mitigate damages, and calculate the specific amounts of damages as compared to what portions of the deposit are refundable under the lease and Arizona law.

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