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Tempe Arizona Business Law Blog

Arizona condo owner files suit against homeowners' association

A lot of people dislike their homeowners' associations (HOAs) for various reasons. However, sometimes the issues evolve straight into a legal battle.

The owner of one Phoenix condo has filed a lawsuit against his HOA and its property manager over what he says was blatant race and age discrimination toward his tenants.

Special concerns with restaurant leases

Restaurants are a unique type of business -- and you can't afford to make mistakes when you negotiate your commercial lease. Otherwise, you could be stuck with terms that make it impossible for you to do good business.

The most important rule for any lease negotiation is to have your objectives in mind before you start. Here are some of the most important considerations for any restaurant lease:

Steps to ensure the legality of your trademark

Beginning a business and developing your brand constitutes an exciting process. You want to ensure that your business concept proves unique and protected by the United States government, so you made the decision to create and apply for a trademark.

Trademark laws make it simple to protect your brand idea or logo, but hiring an attorney to aid you in filing the correct legal documents ensures that your trademark requires protection and other businesses may not copy your trademarked business elements.

Collecting on business debts

To keep your business running, you have to be able to collect the debts you are owed. Unfortunately, that isn't always the easiest of tasks -- even when the debts are owed by another business, like one of your suppliers or distributors.

If you're having trouble collecting a debt, here are some things you can do to try to get things moving in the right direction.

What's a forcible detainer lawsuit?

Property owners who want to evict someone sometimes file a "forcible detainer" lawsuit instead of a special detainer, which is the term used for a standard eviction in Arizona.

A forcible detainer action essentially means that a tenant is occupying a property without the owner's permission after already having been notified with an order to vacate. For example, you might have a situation where you purchase a foreclosure property at auction only to find out that the previous owner is still occupying it -- even though he or she long ago received notice that his or her right to be there was over.

What is cybersquatting?

The internet has brought forth some amazing new inventions and changed the world for many people -- it's also responsible for a whole slew of new worries for business owners.

Cybersquatting is one of them. Cybersquatters spend their time looking for website domains that have potential value simply because they sound like something that would be associated with a famous company or person.

How an attorney can help with an easement taken by eminent domain

What happens when you receive a letter from the government informing you that it intends to take an easement through your property via eminent domain?

Eminent domain is a controversial legal maneuver, but it generally allows the government to take private property whenever it is necessary for the public's benefit. Owners who are deprived of their property rights do have to be compensated, but that doesn't really take the sting out of being told that you have no choice but to surrender access to your land.

Creating successful tech industry partnerships

Partnerships across all industries are extremely common. This is no different in the tech industry where technological advances in the past forty years have completely altered the workforce. While the tools of business may have changed, Executive Vice-President, Chief Strategy and Growth Office at PayPay, Jonathan Auerbach, says, success still comes down to the people behind the tools.

“To maximize the opportunities presented by the digital economy, while also keeping up with customer patterns that can change seemingly overnight, will require a fundamental shift in strategy. To prepare our businesses for the next wave of transformation and opportunity and to produce innovations that can be scaled, we need to work in partnership.”

Know the legal issues with crowdfunding your business

Crowdfunding is a relatively new way for entrepreneurs to leverage the internet's power to fund their projects or bring a new product to market.

It's hard to see any drawbacks to an idea that can allow dozens or hundreds of generous supporters to help you make your dreams a reality, but there are some potential legal issues with crowdfunding you need to recognize before you start that Kickstarter campaign.

How does an easement affect your property?

One of the biggest problems you can run into when you're buying a piece of property is finding out that it has an easement or two on it. If that easement isn't something you're aware of before you commit to the purchase, it could ruin your plans for the place.

An easement gives someone the legal right to use another person's property in a specific way. For example, one type of easement is called a "right-of-way." If you buy a property that gives your neighbor the right-of-way to cut across the back of your property on his or her way to the public beach nearby, that's an easement.

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