Tevis Steven Reich's Legal Cases (2)

Real estate

Hawk v. PC Village Assoc. Inc. 233 Ariz. 94 (App. 2013)

Jan 01, 2013

OUTCOME: An HOA cannot preclude a homeowner from displaying a for sale sign by including the prohibition in CC&R's. This applies to all HOAs including those created prior to the enactment of the statute ARS 33-441.

Lot owners brought action against association seeking declaratory and injunctive relief, asking that association covenants be declared unenforceable, and that association be enjoined from removing stat ... utorily compliant for sale signs from their property. The Superior Court, Coconino County, No. S0300CV201100775, Mark R. Moran, J., granted summary judgment in favor of lot owners, and enjoined association from removing industry-standard for sale signs, and association appealed.

Real estate

•Mining Investment Group, LLC v. Roberts, 217 Ariz. 635, 177 P.3d 1207 (App. 2008)

Jan 01, 2008

OUTCOME: A purcahser of property must strictly comply with the requirement for funding and closing on a purchase of real property. The failure to close on time, even if the purchaser was ready to close the following day, is not a trivial breach.

Prospective purchaser of land brought action against vendors for specific performance when purchaser failed to fund and close on the closing date. Vendors counterclaimed, alleging purchaser improperly ... recorded a lis pendens. The Superior Court, Yavapai County, No. CV2005–0975, Howard D. Hinson, J., granted partial summary judgment to vendors, awarding them liquidated damages for breach of contract, and denied vendors' motion for summary judgment on their cross-claim. Purchaser appealed and vendors cross-appealed.

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