American Savings Service Corp. v. Kosaka

OPINION

BIRDSALL, Presiding Judge.

This appeal is from the trial court's finding that the appellants’ attempt to reserve development rights in certain common areas of a condominium was ineffective and contrary to Arizona’s horizontal property regime statute.

The appellants are American Savings Service Corporation ("American Savings”) and Tucson Racquet and Swim Club, Inc. (“Tucson Racquet Club”)—formerly joint venturers—and William Selby, owner of a condominium unit which the appellees claim is part of the common elements of the Racquet Club Condominium. The ap-pellees are owners of condominium…