Archive for the ‘uncategorized’ Category

Housing is still not a happy market

An investor friend sent me some notes today. Some of it I knew, some of it was disturbing: “existing house sales reported by the National Association of Realtors, appear to be overstated”. Apparently NAR uses models to expand its surveys. the samples are based on MLS, but many MLS systems have consolidated and so it […]

TAKING THE HIGH GROUND IN MEDICAL MARIJUANA BUSINESS LEGAL COUNSELING-PART THREE

A few words are in order for Arizona lawyers habitually consulting medical marijuana enterprises now that Dennis Burke, the United States Attorney (“USA”) for the District of Arizona, shared some thoughts on the federal government’s position on local enforcement. Of course, in his May 2, 2011, letter to Will Humble, the Director of Arizona’s Department […]

TAKING THE HIGH GROUND IN MEDICAL MARIJUANA BUSINESS LEGAL COUNSELING-PART TWO

In a preceding post from a few days back, I offered that there are several highly unsettling aspects of the State Bar’s Ethics Opinion 11-01 issued in February, 2011. I registered a complaint with the State Bar Ethics Committee, and they kindly responded in due course, for which I am grateful. I hope that they […]

NOTES FROM THE 98TH ARIZONA TOWN HALL

My middle daughter (Alison) in Australia who’s studying to be a vet called my office on Friday p.m. last. A: Where’ve you been this week? [Sister] said something about Tucson? M: Yep. Went to the Arizona Town Hall. A: What’s that – a museum? M: No- it’s an ideas contraption. Appropriate you mention that, though […]

TAKING THE HIGHER GROUND IN MEDICAL MARIJUANA BUSINESS LEGAL COUNSELING-PART ONE

In a wee bit of a watershed ethical event for attorneys engaged in representing business interests in Arizona, the State Bar of Arizona issued Ethics Opinion 11-01 in February of this year. It’s about the scope of permitted representation of medical marijuana enterprises by Arizona lawyers. It’s a fairly long opinion by Arizona bar standards, […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part Five

In this final installment, I review more provisions of the commerce park/industrial style lease that will require thought and usually revision when a landlord negotiates its form lease with the medical marijuana enterprise (“MME”). Common Areas, Signage and Rules and Regulations: Tenants sometimes forget that the common areas are for the benefit of all the […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part Four

At last, there will be the moment of reckoning where the terms of the lease with a medical marijuana enterprise (“MME”) must be drafted and negotiated. So, what provisions will the landlord require its attorneys insert into the lease? Here’s a laundry list, arranged loosely by topic: Term, Renewals and Early Landlord Termination Rights: The […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part Three

The landlord may have reviewed the regulatory frameworks, both publicly and privately (through CC&Rs), that may impinge upon a MME tenancy. You have vetted the risks and weighed them against the rewards of installing a MME in your project. You may even have studied the insurance coverage aspects of a proposed tenancy. Are you ready […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part Two

In the preceding post, I covered the MME’s prospective landlord’s review and consideration of the regulatory environment, both public and private, governing such growing and prescription-filling operations. The landlord who reviews the state statutes and administrative regulations in its jurisdiction, and (if any) the CC&Rs that may apply to his building, will be able to […]

Short sales and lenders

I attended an interesting class this week. An attorney who specializes in short sales and foreclosures was presenting his opinion of the Arizona anti-deficiency statute. It was interesting in that most of us attending thought first, that there was only one statute, and second, that the statute applies only to foreclosures, and not to short […]