Condominium Associations Condominiums

News & Analysis as of

New Texas Law Lists Requirements for Condominium Defect Litigation

The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished...more

What Condo Companies Can Do About Airbnb-like Organizations

Cheap, short-term rental accommodations through companies like Airbnb Inc. are popular for travelers and condominium owners, however they are not as appealing for condo corporations when they occur in their condo complexes....more

Florida High Court Finds State Insurer Immune From Statutory Bad Faith Claims (updates article posted on Oct. 31, 2014)

After its property was damaged by a hurricane, Perdido Sun Condominium Association filed an insurance claim with Citizens Property Insurance Corp., a state-created entity that provides property insurance. Perdido Sun was not...more

Condominiums May Not Opt Out Of Maryland's Mandatory Insurance Provisions

Section 11-114 of the Maryland Condominium Act provides that Condominium Associations must maintain property insurance on the entire condominium including units, excepting improvements and betterments installed by the Unit...more

Senate Bills Tackle Construction Defect Litigation Reform

Two bills recently introduced in the Colorado Senate propose to change Colorado’s construction defect claims process. If passed, Senate Bill 15-177 would amend Colorado’s Common Interest Ownership Act, C.R.S. §...more

Implications of a homeowner association’s statutory priming lien

While representing an institutional lender in the making of a loan secured by real property located in Colorado, we came across an increasingly relevant issue regarding properties subject to a homeowner association or similar...more

Real Property, Financial Services & Title Insurance Update: September 2014 #3 & October 2014 #1

REAL PROPERTY UPDATE - - Condominium Association/Injunction: tenants’ act of moving out of condominium unit after condominium association filed action against them for injunctive relief, eviction, and ejectment did...more

Lenders Beware: the Nevada Supreme Court Holds That Foreclosures of Homeowners’ Association Liens May Extinguish First Priority...

Nevada has adopted the Uniform Common Interest Ownership Act of 1982 (the “Act”) which governs homeowners’ associations (“HOA”). One particular provision of that Act, enacted by Nevada in 1991 and later amended, and codified...more

Massachusetts Supreme Court Holds Economic Loss Rule No Bar to Condo Trustees’ Claim for Damages to Common Areas Caused By...

Wyman v. Ayer Properties, LLC, 469 Mass. 64, 2014 Mass. LEXIS 524 (July 10, 2014) - The Massachusetts Supreme Court ruled that the economic loss rule, which bars recovery of tort damages from the negligent supplier of...more

D.C. Court of Appeals, Nevada Supreme Court Extinguish Lender's Mortgage Lien Following Association Lien Foreclosures

A recent decision by the District of Columbia Court of Appeals brings into renewed focus the tension between condominium/homeowner associations and lenders when it comes to payment of delinquent association assessment...more

Congress Exempts Condominiums from Interstate Land Sales Registration Requirements

In a major break-through for condominium developers, on September 18, 2014, the United States Senate voted unanimously to adopt an amendment to the Interstate Land Sales Full Disclosure Act (often called “ILSA”) that will...more

Foreclosure of DC Condominium Association’s Lien for Unpaid Assessments Extinguishes First Mortgage

(Chase Plaza Condominium Association, Inv. V. JP Morgan Chase Bank, No 13-CV-623 & 13-CV-674, decided August 28, 2014). In a case of first impression, the District of Columbia Court of Appeals held that a condominium...more

D.C. Court of Appeals Extinguishes Lender’s Mortgage Lien Following Association Lien Foreclosure

A recent decision by the District of Columbia Court of Appeals brings into renewed focus the tension between condominium and homeowner associations and lenders when it comes to payment of delinquent association assessment...more

Updating Community Association Documents

Sometimes we are asked to advise a community association about a matter relating to its documents which are two or three decades old. Such documents are frustrating to work with because they invariably contain provisions...more

Appellate Court Rejects “Explosive Corpse” Theory

So many perils beset Florida condominium owners— hurricanes, mold, floods—that they can be forgiven for overlooking the possibility that the undiscovered body of a deceased neighbor might pose a hazard to adjacent residents....more

The California Supreme Court Decides In Favor Of Homeowners In Disputes With California’s Architects

In the case of Beacon Residential Community Association v. Skidmore Owings and Merrill et. al. (July 3, 2014, S208173) Cal.4th, a condominium homeowners association, sued the developer of the project and the project architect...more

Privilege Issues Are Important in Homeowner Association Construction Defect Litigation

Attorneys in Homeowners Association (“HOA”) construction defect cases must meet with the homeowners to provide litigation updates and it can sometimes be difficult to preserve the attorney-client privilege for the...more

2014 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares

The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares. ...more

We Have a Sheriff’s Deed, But Who Pays Association Assessments?

The Michigan Court of Appeals recently held that a purchaser pursuant to a sheriff's sale was responsible for condominium association fees due from and after the date of the sale. In Wells Fargo Bank v Country Place...more

CT Law of the Land

AC35612 - Greenwood Manor, LLC v. Planning & Zoning Commission - During a review of its current zoning regulations, the attorney for a property owner wrote to the planning commission and strongly urged it to downgrade...more

Editorial: A Relief For Florida Commercial Condos

Most provisions in the Florida Condominium Act (Chapter 718 of Florida Statutes) apply equally to residential and commercial condominiums. But anyone attempting to draft operating procedures for commercial condominiums can be...more

Good News For Grove Isle Condo Owners

Grove Isle condo owners, who have been in the middle of a battle over a proposed 18-story condo tower which will replace the low-rise Grove Isle Hotel & Spa, received some good news when the Third DCA overturned the dismissal...more

A "Common Sense" Exemption: Condominium Developers Stand to Benefit from Pending Legislation

Condominium developers may finally see some relief from the onerous requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). In September of 2013, the United States House of Representatives unanimously passed...more

The Condominium Form Of Ownership

In Alabama, contractors and subcontractors performing work involving common elements of the condominium at the request and direction of a condominium association should be aware of unique laws applicable to their lien rights...more

Illinois Supreme Court Reaffirms Forcible Entry Remedy, Reversing in Spanish Court Two Condominium

One of the two most anxiously awaited cases on the Illinois Supreme Court’s civil docket was handed down this morning, and it was a big win for Illinois condominium associations: a sharply divided Court reversed the...more

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