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Dr. Seuss Explains "Zoning Reform"

It's not every day that an adult discussion about zoning reform begins with a reference to children's poetry, but so be it. Most [Real Estate Bar Association for Massachusetts] REBA members have at least a passing...more

New exemption under ILSA for condo units: relief for developers, key points to note

President Barack Obama has signed into law an amendment to the Interstate Land Sales Full Disclosure Act of 1968 (ILSA). The new law, signed by the President on September 30, expands registration exemptions under ILSA...more

New Amendment to the Interstate Land Sales Full Disclosure Act (ILSA) could be Good News for Condominium Developers

On September 26, 2014, President Obama signed into law House Resolution 2600 that adds the sales of condominium units to the list of “partial” exemptions under the Interstate Land Sales Full Disclosure Act (ILSA). With the...more

A perspective on the continuing saga of construction defects law

Ever since 2003, when comprehensive legislation was passed to address abuses in the pursuit by the plaintiff’s bar of windfalls from massively overstated litigation claims regarding alleged construction defects in the...more

"Lien In": North Carolina General Assembly Revisits New Mechanics Lien Laws

Last April, we wrote about the significant changes to the North Carolina mechanics lien laws, which are continuing to create issues and opportunities for owners, contractors, subcontractors and title companies working in the...more

Farm Bill Passage A Boon To Homebuilders

The Farm Bill, which was approved by the Senate on Monday and the House last week, contains a provision that was supported by the National Association of Home Builders (NAHB) that will enable millions of Americans to maintain...more

Rogers Towers: Florida House Bill 909 (2013): A Sigh of Relief for Water Mitigation Contractors and Restoration Companies

This past spring, the insurance and banking lobbies created quite a stir in the water and fire damage mitigation and restoration industry....more

Capitol Report: Property Insurance Bill Creating Citizens Clearinghouse Passes 2013 Florida Legislature

Committee Substitute for Senate Bill 1770 (CS/SB 1770) passed by the 2013 Florida Legislature creates a “keep-out” clearinghouse to reduce the size and type of exposures insured by Citizens Property Insurance Corporation...more

Illinois House Considers Bill to Allow “Bonding Off” of Mechanics Liens

Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state...more

Bill Introduced to Restore Cities' Ability to Require Affordable Housing

On February 22, California State Assembly Member Toni Atkins, D-San Diego, introduced a bill, AB 1229, to restore the ability of California cities and counties to require affordable housing as part of market-rate housing...more

Condemnation Changed (Permanently?) In Virginia

On November 6, Virginia voted by a nearly 3-1 margin to amend the state constitution and drastically change eminent domain law. The constitutional amendment may ultimately be the source of quite a few unintended consequences...more

Distressed Condominium Relief Act Extended

On Friday, April 6, 2012, Governor Rick Scott signed HB 517 which contains a provision extending the Distressed Condominium Relief Act (Act) otherwise due to sunset July 1, 2012. The Act was adopted in 2010 as a way to...more

Continued Downturn Leads Governor Brown To Sign Legislative Relief For Developers

On July 15, 2011, Governor Brown signed into law AB 208, a bill that offers a further extension of certain subdivision maps. The bill was originally sponsored by the California Building Industry Association in order to...more

When the Real Estate Downturn Persists – You Best Be Vested

Isn’t it ironic that when the red-hot residential development market cools off, the time-delayed local angst against rapid development – - reflected in local anti-development ballot measures – - quickly heats up! This...more

Florida's New Condominium and Homeowners' Associations Laws

Legislative Amendments Affect Chapter 718 (Condominium Act) and Chapter 720 of the Florida Statutes On June 1, 2010, Gov. Charlie Crist signed into law Senate Bill 1196, which amends, among other things, portions of...more

Rogers Towers: 2010 Legislative Session - Growth Management Legislation

Relatively few bills relating to growth management have been introduced in this session due to the pending statewide vote on Amendment 4. However, in response to court challenges to Senate Bill 360, which became law last...more

No Settlement in $58,000,000 Judgment Against Homebuilder Bob Perry

The seemingly endless lawsuit between two homeowners and their builder will continue, now that post-verdict mediation has failed. An article in the New York Times reports that settlement discussions have broken down between...more

Texas Homebuilder Bob Perry Ordered to Pay $51 Million for Defective House

A Tarrant County jury this week has delivered a devastating blow to homebuilder Bob Perry by awarding $51 million to a couple who sued Perry because of their defective house. The back-story to this case is quite lengthy, but...more

Supreme Court Refuses To Hear Palmer Case - Are Inclusionary Zoning Practices Due For Change?

On October 22, 2009, the California Supreme Court decided not to review the Court of Appeal's decision in the landmark Palmer/Sixth Street Properties v. City of Los Angeles case. [See SMRH Blog 08/18/2009, for detailed...more

Green Building Update - July 17, 2009

IN THIS ISSUE: *Senate likely to amend ACES *Green Building Focus ..Book: The Greening of IT ..SF green datacenter conference *When LEED certification fails *CRA ups green building standards in L.A. *Navitas...more

New Jersey Adopts Law Permitting Conversion of Age-Restricted Housing Units to Non-Age-Restricted Housing Units and Modifies Laws...

On July 2, 2009, N.J. Gov. Jon Corzine enacted S-2577 (sponsored by Sen. Paul Sarlo, Sen. Joseph Vitale, assemblymen Louis Greenwald and Joseph Malone, and assemblywoman Nilsa Cruz-Perez), which allows for the conversion of...more

The Walls Are Closing In: Chinese Drywall Issues Prompt Legislation and Litigation

Certain drywall manufactured in China is allegedly defective. It has been alleged that this defective drywall corrodes electrical wires and copper coils, and emits "rotten egg" fumes that cause respiratory health problems. It...more

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