What is SPDS? (Seller Property Disclosure Statement)
Real Estate Law Jonathan Dessaules Real Estate Law Jonathan Dessaules

What is SPDS? (Seller Property Disclosure Statement)

If you're buying or selling a home in Arizona, the Seller Property Disclosure Statement—commonly known as the SPDS—is one document you don't want to overlook. It lets sellers disclose key details about a property's condition and helps buyers make informed decisions. While not legally required, the SPDS plays a vital role in avoiding surprises, reducing liability, and keeping transactions on track. Whether preparing to fill one out or reviewing one as a buyer, understanding what this document covers and why it matters can help you avoid costly issues later.

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HOA parking enforcement - Are On-Street Parking Bans Valid?
Real Estate Law Jonathan Dessaules Real Estate Law Jonathan Dessaules

HOA parking enforcement - Are On-Street Parking Bans Valid?

Wondering if your HOA can fine you for parking on the street?

We regularly meet with homeowners whose HOAs threaten to impose fines or even take them to court to enforce HOA on-street parking bans. In one case, the HOA spent more than $40,000.00 unsuccessfully attempting to enforce an on-street parking ban against a family that had five licensed drivers in the family.

Are these HOA street parking bans enforceable?

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Real Estate Law Jonathan Dessaules Real Estate Law Jonathan Dessaules

A Practical Guide to the Fair Debt Collection Practices Act

Codes of Conduct are all the rage in HOAs and condominium communities. Some associations are even attempting to insert these Codes of Conduct into their bylaws, declarations, and other governing documents. There's just one major flaw with Codes of Conduct -- they are invalid and unenforceable. 

Consider what appears to be a fairly innocuous Code of Conduct:

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Real Estate Law Jonathan Dessaules Real Estate Law Jonathan Dessaules

Second Mortgages and Lines of Credit

Arizona law prohibits a lender from filing a lawsuit to collect on a home loan where the loan represents “purchase money,” that is, money used to purchase the property. This includes purchase money loans that are technically denominated as “home equity lines of credit” taken out at the time of the original purchase of the home. It also includes first, second, and even third mortgages where the money was borrowed as part of the purchase of the property

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