Business Organization, Commercial Law & Contracts, Residential Real Estate

Unsuccessful Law Suit By Condo Owner

by Barbara Holmes | Heenan Blaikie LLP on 5/14/2013

In the case of Harvey v. Elgin Condominium Corporation No. 3 an unhappy condo owner sued the condominium corporation, claiming that the corporation undertook work that constituted a substantial change without proper...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 5/14/2013

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

Registration Of Condominium Liens - Time Is Of The Essence

by Barbara Holmes | Heenan Blaikie LLP on 5/8/2013

In a recent case, YCC No. 82 v. Bujold, the Court of Appeal considered the interpretation of Section 85 of the Condominium Act (the “Act”) and, in particular, the timing requirements under the Act relating to notice of the...more

Sweeping Maine Tax Reform Proposal Announced

by Sarah Beard, Jonathan Block, Kris Eimicke | Pierce Atwood LLP on 5/3/2013

A bipartisan group of 11 legislators have proposed an overhaul of Maine’s tax system, including major changes to the individual and corporate income tax, property tax, sales tax, and estate tax. ...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

FDIC to host banker teleconferences on CFPB mortgage rules

by Barbara S. Mishkin | Ballard Spahr LLP on 4/11/2013

The FDIC has scheduled the following three free teleconferences on the CFPB’s new mortgage-related rules for officers and employees of FDIC-supervised institutions... ...more

Directors Found To Be In Contempt Of A Court Order

by Rod Escayola | Heenan Blaikie LLP on 3/18/2013

In a previous post, we reported on the Boily v. CCC 145 case, where a board of directors was ordered to reinstate the prior landscape of the condominium courtyard and to personally pay a substantial portion of the legal...more

Are Live-In Caregivers Permitted In Single-Family Condo Units?

by Barbara Holmes, Nicole Taylor-Smith | Heenan Blaikie LLP on 3/15/2013

The Alberta Court recently considered whether having a live-in caregiver constituted a violation of a condominium’s By-laws that prohibited roomers and boarders and any use of a residential unit other than as a single-family...more

Catching Up with Winding Down: The Status of California Redevelopment Successor Agencies

by Noa Clark, Robert Herr, Paul Levin | Pillsbury Winthrop Shaw Pittman LLP on 2/18/2013

Successor agencies to California’s dissolved Redevelopment Agencies (“RDAs”) continue to wind down the operations of the former RDAs under the supervision of oversight boards pursuant to Assembly Bill X1 26 (“AB 26”) as...more

Real Estate Finance Deals: Jersey Law Update

by Katie Hillier, Jonathan Lawrence, Nadia Saleh | K&L Gates LLP on 2/18/2013

Jersey LLPs: a new dawn as investment and property holding vehicles A recent amendment to the Limited Liability Partnership (Jersey) Law 1997 (the "Law") could see Jersey Limited Liability Partnerships (Jersey LLPs) gain...more

New Hampshire LLCs: New Statute & Increased Protections

by Roy Tilsley | Bernstein Shur on 2/13/2013

A new statute, RSA 304-C, governing limited liability companies in New Hampshire went into to effect January 1, 2013. The new act, which entirely modifies the law governing LLCs in New Hampshire, is designed to be...more

Noise Complaints In Condos : The Perils Of Failing To Enforce Condo Rules

by Rod Escayola | Heenan Blaikie LLP on 2/5/2013

Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting...more

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

by Kirk Jenkins | Sedgwick LLP on 2/1/2013

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In...more

Pets in Condominiums

by Matthew J. Wilson | Lerners LLP on 2/1/2013

While many condominium corporations allow pets in the condominium, pet owners who fail to familiarize themselves with the condominium’s restrictions on pets, or who blatantly ignore these restrictions, do so at the risk of...more

Section 98 Agreements

by Matthew J. Wilson | Lerners LLP on 2/1/2013

When the Condominium Act, 1998 (the “Act”) was under development, one of the many issues the government was asked to address by condominium corporations and unit owners alike was the general prohibition of changes to the...more

Dodd-Frank News: January 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

by Rachel Cash, David Elliott, Kristin Peters, Jordan Teague | Burr & Forman on 1/25/2013

In This Issue: - RECENT CASES . Dodd-Frank Challenges Under the Administrative Procedure Act and Commodity Exchange Act . Preemption . Whistleblower Protection Under the Dodd-Frank Act . Arbitration...more

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

by Schecter Law on 1/14/2013

In Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 4D12-1273 (Fla. 4th DCA, Dec. 12, 2012), Ibis Lakes Homeowners Association, Inc. (“Plaintiff”) sought review of a non-final order of the trial court...more

California Corrects Homeowner Bill Of Rights Summary

by BuckleySandler LLP on 1/14/2013

On January 1, the California Department of Corporations reissued Release No. 65-FS regarding implementation of key parts of the Homeowner Bill of Rights that established new foreclosure requirements. ...more

Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

by Win Mims | Jeff Field & Associates on 1/4/2013

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an "REO" property which the...more

Betterments and Improvements Socializing Losses for Owner Installations

by Adam Cohen | Pullman & Comley, LLC on 1/2/2013

It’s not often that the law expects people to insure property they neither own nor control, but the 2010 amendments to the Common Interest Ownership Act (CIOA) do exactly that by requiring most associations to insure...more

Officer Liability for Bank Losses: The Jury Speaks

by John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 12/12/2012

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

Do Condominiums Need to Disclose Mediations and Human Rights Complaints in Status Certificates?

by Shawn Pulver | Heenan Blaikie LLP on 12/3/2012

We are often asked by clients whether there is an obligation to include ongoing human rights complaints and scheduled mediations in their status certificates....more

Enforcement of Condominium Documents: Do Fines Help?

by Barbara Holmes | Heenan Blaikie LLP on 11/29/2012

Will fines induce a breaching owner to comply with the condominium documents? Condominium corporations in Ontario are not permitted to fine owners who breach the condominium documents. Fines are, however, permitted in many...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

The Condo Report: Special Edition - All about pets in condominiums

by Heenan Blaikie LLP on 11/11/2012

TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more

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Business Organization › Commercial Law & Contracts › Residential Real Estate