News and Insights

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Arizona Gov. Doug Ducey announced an executive order Monday halting evictions for small businesses and nonprofit organizations until May 31.

April 9th, 2020

Posted In: Uncategorized

Did you know that there are some laws that may change how you decorate for Christmas? From lights to toys, rooftop Santas and more, some of your Christmas cheer may end up putting you on the naughty list.

December 1st, 2018

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While Christmas lights may seem like a beacon of joy during the holidays, they tend to cause several disputes in neighborhoods. As a rule of thumb, the appropriate time to hang up the Christmas lights is the day after Thanksgiving and the best time to remove them is soon after the New Year. But can the law actually enforce what seems like common sense? The short answer is that it depends on the community.

If you are planning to set up over-the-top Christmas lights in your front yard, you can check to see if there are any Covenants, Conditions and Restrictions (CC&Rs) that govern your neighborhood or complex. This will outline the uses and limitations on the property that are imposed by the Homeowners Association (HOA). These two documents will often contain provisions about what types of decorations are allowed, when you can put them up and when you must take them down.

For example, they might say that roof anchored displays are not allowed, or they may establish a time of day when all holiday music must stop. The HOA has the power to fine you for non-compliance so it is worth your time to review the community documents.

Each city has its own residential outdoor lighting ordinances you should review. However cities either have an exemption for seasonal holiday lighting or they simply do not aggressively enforce their lighting ordinances during the holidays. Instead, the city is more likely to take notice if your holiday display is creating an unreasonable amount of noise or if you are creating traffic problems in your neighborhood by the number of people driving by your home to admire your holiday cheer.

Last year, there was a legal battle over a famous ‘Arcadia Christmas House’ located in Phoenix. The house was extravagantly decorated by a man for more than three-decades until officials from the city addressed complaints in a meeting. The statements said that since December of 2014, the man’s neighbors had filed over a dozen inquiries and calls for service because of the lights. However, the City of Phoenix later clarified that the concerns and suggestions did not prevent him from displaying the usual holiday lights.

Other options include submitting your holiday decorating plants to your HOA for approval and talking to your immediate neighbors in advance to explain your decorating plans. This way, they can address any concerns ahead of time. However, It is always important to check with an attorney first if you have any legal questions about your Christmas decorations, especially if you are planning for crowds to come visit them.

November 26th, 2018

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Just in time for Halloween, Attorney Don Alvarez spoke with The List about what you need to disclose before selling a Haunted House.

October 27th, 2018

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PHOENIX –Radix Law is excited to announce the latest addition to the firm. Born and raised in New Jersey, Marc Maher joins the practice as an associate attorney and brings with him years of experience in the area of real estate law. Maher has extensive experience in transactional business and real estate law and represents clients in cases involving commercial and residential acquisition, disposition and leasing matters.

Maher has a Bachelor of Science from Arizona State University, an M.B.A from University of Phoenix and received his Doctorate of Jurisprudence from the University of Houston Law Center in Texas. He is licensed to practice in all state courts in Arizona, New York and New Jersey.

“Marc’s comprehensive understanding of real estate transaction law will be very valuable to our clients, we are thrilled to bring him on as our new associate,” said Jonathan Frutkin, Principal Attorney at Radix Law.

“Radix law understands the importance of providing the best possible advocacy to clients and I’m excited to join their growing team,” said Maher.

Maher is an active member of the State Bar of Arizona, where he serves as an editor for the Arizona Real Estate Forms Manual for the ‘Real Property’ section. He is also a licensed real estate broker in Arizona.

Maher frequently teaches real estate CE seminars such as, 10 Ways to Lose Your License in a Short-Sale Transaction, Risk Management for Clients and Brokers, Short-Sales and Anti-Deficiency Judgement Statutes and Distressed Residential Property.

Currently, Maher resides in Scottsdale with his wife and six year-old daughter.

July 2nd, 2018

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July 2nd, 2018

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Attorney Amanda Salvione talked to ABC15 about the proposed local bill that would speed up HOA foreclosures in Arizona.

January 19th, 2018

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Performing due diligence before buying in an HOA community

An English proverb says: “measure twice, cut once.” This is an old carpenter’s way of saying you should perform adequate due diligence before taking action. This advice aptly applies to individuals looking to buy a home in an HOA community. Homeowner associations have been established through cooperation between the local municipalities and the real estate developers. Prior to the advent of HOAs, towns or cities would assess and collect property taxes from each homeowner and in exchange they would take care of the streets, parks, trash collection etc. Homeowners would also be bound by the provisions of the city’s code that regulate landscaping and the condition of the property.

In the 1960s real estate developers began to develop HOA communities. Since then HOA communities have exploded across the nation. Currently, more than 68 million Americans live in HOA communities – which is 53% of all households in the nation! In these types of communities, the Developer creates a non-profit corporation to manage the community and to take over many of the duties that were traditionally performed by cities. Before selling any homes, the Developer records Covenants, Conditions & Restrictions (CC&Rs). By purchasing a home in the community a person automatically becomes a member of the non-profit corporation and is automatically bound by the CC&Rs. The day-to-day operations of the HOA are run by the HOA Board of Directors. The HOA Board is made up of volunteers from the community.

HOAs have been given great power by state legislatures. Essentially, the HOA steps into the shoes of the city in many respects. For example, the HOA Board has the authority to collect monthly or quarterly assessments (i.e. taxes) and to regulate, penalize and fine homeowners for violating the CC&Rs and the other rules and regulations of the community. Because of its inherent power, the HOA will have a big impact, good or bad, on a homeowner’s life. But when buying a home, many people are so busy inspecting and performing their due diligence on the home itself, they spend little to no time conducting any due diligence on the HOA that will govern their life and the use of their property as long as they live in the community.

A wise buyer would spend some time making sure the community is a good fit for them before purchasing the home. There are three categories of recommended due diligence: 1) Community documents; 2) Financials; and 3) Litigation.

Community Documents
Prior to close of escrow a buyer receives a large stack of documents from the HOA which includes copies of the CC&Rs, Rules and Regulations, and Bylaws. These are often very lengthy and are filled with “legalese” so you may need an attorney to help you understand what you are getting into. For example, these documents indicate whether or not you can have a boat or an RV at your home, a basketball hoop or a swing set. They can even restrict what types of plants, trees or rocks you can have in your yard. They may require you to paint your house every so often or they may prevent you or your guests from parking on the street. You should become very familiar with the all the rules, requirements and restrictions in the community to make sure they are compatible with your lifestyle. If you violate any of these provisions, or if you fail to pay the dues and assessments, the Association my fine you and put a lien on your home. You should talk to members of the community to find out how the HOA Board interprets and enforces the rules and regulations of the community.

You should also review the financial information you receive from the HOA prior to close of escrow to understand the financial condition of the Association. The Association collects dues and assessments from its members and must budget and use those funds to take care of the common areas of the community. If you buy the home, you will be a member of the non-profit corporation that manages the community and you will benefit or be punished by how financially solvent the HOA is. For example, if you are looking to buy a home in a community with lots of amenities such as a clubhouse, swimming pools, tennis courts and parks, you want to make sure that the HOA has enough money in reserve to be able to repair and replace all of these things when they eventually wear out or break down. If not, the HOA would have to make a special assessment to cover these large expenses and each homeowner would have to pay their pro rata share, which could be quite large. Some communities pay a professional to prepare a formal Reserve Study. You should ask if the community has one. A Reserve Study evaluates the amenities and common areas and then recommends how much money the community should have in reserve to make sure it is able to repair and replace them over time. By reviewing the Reserve Study you can determine if the community has adequate funds in reserve. And if the community does not have a formal reserve study that says something about the community as well. Make sure you are comfortable with the financial condition of the Association before you purchase the home.

Finally, you should check the local court records to see how litigious the community is. However, not all lawsuits are bad. Sometimes an association must file a lawsuit to collected dues and assessments from a homeowner that is not paying his or her fair share of the community expenses. But if a community is overly litigious it can negatively impact the community and its members. For example, the more times the HOA is sued, the more it will pay for insurance. And the higher cost of insurance is then passed on to its members. Also, excessive litigation may indicate poor communication and dispute resolution skills within the community. Prolonged litigation can also cause significant division and discord within the community. All lawsuits are public records so you can access them for free. You can also ask questions of community members to better understand the dynamics in the community.

Buying a home in an HOA community is a big decision. People are often drawn to HOA communities because of the wonderful amenities they offer such as pools, tennis courts and parks. But they often fail to perform adequate due diligence to make sure that the personality and culture of the community fits their lifestyle. Prospective buyers can avoid a lot of stress, frustration and cost by simply taking the time to perform a little due diligence on the community before deciding to purchase the home.

June 21st, 2017

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(Scottsdale, Arizona) Radix Law announced that two of its attorneys, partner Adam Buck and associate Amanda Salvione, have been selected as presenters for a seminar during the 2017 State Bar of Arizona Convention.

The three-day conference, to be held June 14 through June 16 at the Westin La Paloma in Tucson, is an annual reunion of State Bar of Arizona Members and features dozens of seminars, meetings and special events on a wide variety of legal topics. The theme of this year’s convention is Our Bar – Serving and Protecting the Public.

On Thursday, June 15, Radix Law attorneys Buck and Salvione will be featured speakers during a seminar titled Advanced Issues in Land Use: Navigating the Dangers of Deed Restrictions in Residential and Commercial Development. 

The seminar is presented by Real Property Law Section, of which Salvione is a co-chair for the seminar and is on the Executive Council.

Specifically, Buck and Salvione will teach attendees about the recent changes in community association and deed restriction law, drafting considerations, hot issues in deed-restriction litigation and unexpected ways that deed restrictions can derail land use.

Buck is a Certified Real Estate Specialist with nearly two decades of transactional and litigation experience in Arizona and Nevada. As a partner with Radix Law, Buck focuses on laws pertaining to business, real estate, homeowners association (HOA), employment, and commercial litigation.

“It’s very exciting to collaborate with our peers and discuss issues we are passionate about,” said Buck. “We are honored to be asked to present at this seminar in Tucson with some of the top lawyers in the state.”

Amanda Salvione’s practice focuses on real estate, business formation and structuring and finance law.

“Adam and I are thrilled to represent Radix Law at the State Bar of Arizona Convention, and are looking forward to sharing what we’ve discovered through our work, but more so to learn from others and take that knowledge back to our clients and ultimately, our community,” said Salvione.

Formed in 2008, Radix Law attorneys serve companies, individuals and families throughout Arizona in business and corporate law and related areas, ranging from taxation and asset protection to bankruptcy and estate planning. The firm leads the Valley of the Sun in estate planning and trust administration law.

June 13th, 2017

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PHOENIX – The Frutkin Law Firm has become the first Arizona practice to take advantage of the state bar’s trade name rule. It announced it will rebrand as Radix Law on Jan. 1 2017.

There is a long tradition in the practice of law: the name of a firm includes the surnames of the most prominent partners. As law has become such a big business over the past decade, the largest practices in the world are names of partners who have long since passed away.

This tradition was also required by the Arizona Bar until recently. Now, firms can ditch the commas in favor of a more universal trade name.

Radix, in Latin, means “root.” It can mean the root of a tree, the root of knowledge or the root of a number. While the firm’s attorneys come from all over the world, they have decided to be rooted in Arizona.

“Our new name reflects our values,” says Principal Jonathan Frutkin. “We are a business law firm that helps our clients pursue opportunities and fights for them when challenged – and we are rooted right here in Arizona. It is also an acknowledgement that we have grown from being a solo legal practice into a business law firm with almost a dozen lawyers.”

The Frutkin Law Firm was formed in 2007 and now has 11 attorneys with decades of experience. They serve companies, individuals and families throughout Arizona in business and corporate law and related areas, ranging from taxation and asset protection to bankruptcy and estate planning. Radix Law leads the Valley of the Sun in estate planning and trust administration law. Radix Law’s attorneys are respected sources in their field and contribute to local and national media.

About Radix

Radix Law, formerly The Frutkin Law Firm, was founded in 2007 by attorney Jonathan Frutkin with the goal of providing exceptional legal representation to clients throughout Arizona in business and corporate law and related areas. Radix helps businesses, individuals, and families in Phoenix and throughout Arizona with their corporate and business law, bankruptcy, taxation, asset protection, wills, trusts, and estates, and litigation needs. The firm is located at the Kierland Commons in Scottsdale. For more information, visit

December 30th, 2016

Posted In: Uncategorized

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