What Duties Does Your HOA Owe You?

by Garrett J. Olexa, Jennings, Strouss & Salmon, P.L.C. To many homeowners, it may seem as though your homeowners’ association (HOA) governs your community essentially without any rules. While it is true many HOA’s have a lot of discretionary authority, their authority is not without checks and balances. The HOA’s…

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Arizona Supreme Court Declines to Expand Economic Loss Doctrine

by Garrett J. Olexa, Jennings, Strouss & Salmon, P.L.C. The economic loss rule limits a contracting party to contractual remedies for the recovery of economic losses that are unaccompanied by physical injury to persons or other property. The Arizona Supreme Court recently issued the latest decision on the economic loss…

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Arizona Business Owners: Is that “Hold Harmless” Language in the Contract You Present to Customers Actually Providing You Protection

by Garrett J. Olexa, Jennings, Strouss & Salmon, P.L.C. It is not uncommon for businesses today to include language in contracts, order forms, and invoices that seek to excuse or limit a business’s potential exposure if the company gets sued for things such as personal injuries or other types of…

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Are Non-Compete and Non-Solicitation Agreements Employees Sign Enforceable in Arizona?

by Garrett J. Olexa, Jennings, Strouss & Salmon, P.L.C. It is not uncommon for an employer to decide to have existing employees agree to a covenant not to compete to preclude departing employees from working in the same business for a period of time after they leave the company. Likewise,…

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Statute of Frauds Language Clarified by Arizona Court of Appeals

by Garrett Olexa, Jennings, Strouss & Salmon, P.L.C. Arizona has codified the common law doctrine of the Statute of Frauds (A.R.S. §44-101). Essentially, the Statute of Frauds bars a party from suing to enforce certain types of agreements that are not in writing. One such type of agreement is an…

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