Legal Question in Real Estate Law in Arizona

Public report

I purchased a condo in a newly develped community from a well known builder. The community was to have a gate at the entrance. The gate was not meant for ''security'' or the community was not to be deemed a gated community, but certainly was a nice feature seeing the community is located on a main street it could stop just anyone from walking in. I signed off on what the gate was not meant for on PA. When i picked up my keys, I asked where the gate key was and was informed there was no gate. When I spoke to neighbors they all stated they had been informed prior to close and had to come in and sign off on the changes. I asked the sales person to look in my file and sure enough there was nothing regarding being informed of the changes. As compesation, I asked the builder to provide window coverings from their design center and that would be good enough. My condo is less than 1500 sq. feet. They stated that when I signed the public report, it made no mention of a gate as an amenity and therefore, were going to do nothing for me. In reviewing the public report, there is no specific area for ''amenities'' at all.

I feel I'm owed something for not being informed and feel that my request was more than reasonable. Do i have a case


Asked on 5/18/06, 9:16 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Public report

I am a little puzzled by your statement that there was to be a gate, but it was not to be a gated community. A gated community has privately maintained roads, not public streets maintained by the city. When you say "it was" to have a gate, by whom was this statement made? In writing? In a brochure?

This is too difficult to state whether you have a case from the facts presented without seeing the contracts and documents and knowing more facts. See a real estate attorney or contact the department of real estate for more information.

As to damages, did you want to pay assessments for private street maintenance, such as cleaning, blacktop, etc.? That goes with the gated community. There is no such thing as a public streets community that has a gate for "extra security."

Good luck,

James D. Jenkins

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Answered on 5/19/06, 10:44 am


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