Condo law gets challenge to its validity

By Howard Fischer | Your Valley

PHOENIX — A proposal to save condominium owners from being forced out of their homes has run into a problem.

It may be unconstitutional.

An attorney for a Chicago developer told state senators their plan to rewrite the laws governing condos would retroactively change the laws under which the buyers obtained their property. And Charles Markle said that also would interfere with the contractual arrangements those buyers signed.

But the chief proponent of House Bill 2275 told Capitol Media Services he’s not ready to give up.

Rep. Jeff Weninger, R-Chandler, is armed with an opinion from legislative attorneys concluding that lawmakers can step in, as long as they do it before the developer acquires 80% of the units.

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