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Macomber Law, PLLC provides client services in the areas
of real property, land use, water rights, and building construction:
Real Property-related Services
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- Planning for changes in size or use of real property;
- Writing or evaluating real property sale or lease contracts;
- Assisting clients navigating public approval processes;
- Researching, counseling, and defending against regulatory requirements;
- Representing
clients before public agencies;
- Settling boundary disputes;
- Creating
easements, land-use licenses, and covenants;
- Challenging and answering regulatory demands;
and
- Defending pollution nuisance suits and environmental claims by regulatory agencies
and others.
Land Use-related Services
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- Land use planning
in the context of local and state government planning, zoning, and private agreement;
- Creation
of conservation easements, transfers or changes of easements, dedication of property;
- Condemnation
issues;
- Water rights research, litigation, and adjudication;
- Pre-sale or pre-lease research of zoning restrictions and availability
of variance for planned uses;
- Counsel on legal risks of land
development related to sedimentation, erosion, and other effects of changes in use;
- Property
remediation processes mandated for contaminated or polluted land;
- Management of litigation
related to alleged pollution offenses;
- Counsel related to land use density and use;
- Risks
inherent in uses of public land, including potential litigation, responsibility of lessees for repair or mitigation; and prohibitions
to public land uses;
- Changes or challenges to existing zoning or lack thereof;
- Application of Idaho's
Forest Practices Act to private property; and
- Planning and execution of lot splits and setback requirements.
Homeowner Association Services
- Assisting with collection of
unpaid assessments, including lien recordation;
- Interpreting or making amendments to governing documents;
- Drafting enforceable rules or other governing document changes at board request;
- Assisting with enforcement of CC&Rs in a responsible manner
that encourages compliance without disrupting good neighbor relations;
- Assisting with non-legal business or governance issues confronted by HOAs in effectively
managing their communities;
- Analyzing
governing documents to ensure compliance with state law and to identify potential problem areas;
- Conducting education sessions for board members or board-at-large
on their responsibilities under the law and HOA governing documents;
- Giving practical advice on such topics as architectural guidelines, insurance
provisions, leasing restrictions, and common area liability;
- Monitoring of properties in foreclosure or owners in bankruptcy, including prompt determination
of new ownership for timely billing of HOA dues;
- Attending board meetings to provide counsel at the request of board;
- Serving as general counsel to HOA for corporate annual filings, easement and boundary
issues, claims against the association;
- Creating contracts with vendors: landscapers, management companies, snowplow contractors, fence or other
common area maintainers;
- Providing
legal opinions on association issues under local, state, and federal law;
- Counseling
in mediation, negotiations, and litigation.
Commercial and Residential Construction-related Services
- Representation of contractors, owners, design professionals, subcontractors,
specialty contractors and suppliers, with a focus on the prevention and resolution of disputes arising out of construction
projects of all types;
- Pre-contract analysis to avoid claims and unnecessary litigation;
- Analysis of construction defect claims on residential and commercial property on behalf of both owners and insurers;
- Placement and removal of stop orders or liens on construction projects and foreclosure of mechanics'
liens;
- Contract litigation between owners, contractors, subcontractors, design specialists, and their
sureties;
- Representation of condominium or cooperative associations or individual
owners related to affects of association governing documents or physical changes in property or upgrades; and
- Payment and
performance bond claims.
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