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Condominium Associations Real Estate Development

Whitman Legal Solutions, LLC

Maryland Laws Incentivize Electric Vehicles

Maryland has been proactive in passing laws to encourage EV ownership and installation of  EV chargers. This article discusses some of these laws and how they affect residential and commercial real estate....more

Downs Rachlin Martin PLLC

How do you Create a Condominium or Planned Community in Vermont?

In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities.  As we explained, condominiums and planned communities are types of common interest...more

Ward and Smith, P.A.

Best Practices For Homeowner Association Directors and Boards

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Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association. Community associations are governed by a board of directors,...more

Ward and Smith, P.A.

Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

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Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums.  Most construction permits end by their terms upon...more

Bennett Jones LLP

Closing Down the Condo: When Developers Want In and Owners Want Out

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It is becoming more common for condominium owners to consider terminating a condominium in order to recover capital and (potentially) make a profit. In this post, we address some of the key points that condominium owners,...more

K&L Gates LLP

New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners' Associations

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Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative...more

Stark & Stark

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

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On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner...more

Winstead PC

Sustainable Governance: Responding to Changed Circumstances

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A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more

Winstead PC

5 Things Your Governance Documents Should Contain, and Probably Don’t

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The Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community. In our experience, we have noticed that many...more

Stoel Rives LLP

Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction...

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Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more

Ward and Smith, P.A.

Restrictive Covenants: What Are They And Why Should You Care?

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Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more

Brownstein Hyatt Farber Schreck

Careless Errors Under CCIOA: Who Creates the Community?

When it comes to the creation of common interest communities in Colorado, ambiguities in state law could mean serious liability risks for developers, builders and homeowners’ associations. The Colorado Common Interest...more

Ward and Smith, P.A.

How to Determine Identity of the Declarant in Planned Community

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The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a "Declaration" for a planned community or a...more

Ward and Smith, P.A.

Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

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It's that time of year again. The holidays are upon us, and the end of the year is drawing near. As we reflect on the unprecedented past year, many of us begin to look forward and think, "What's next?" With a New Year...more

Lowndes

Selecting a Property Manager

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Property managers play a significant role in commercial real estate operations. With thousands of property managers to choose from, finding a suitable one may be daunting. This article addresses some of the factors to...more

Ward and Smith, P.A.

Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations' Boards

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Nearly 30 percent of North Carolina's population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community...more

Ward and Smith, P.A.

Your HOA Got Served: Now What?

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The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. When that happens, there are a number of basic but important "to-do's"...more

Stinson LLP

Turning Back the Clock: The New Timeline for Warranty Claims in Multi-Family Construction

Stinson LLP on

The Minnesota Supreme Court recently issued a decision that altered the rules on when the clock starts on a condo association's right to bring a claim under Minnesota's new home statutory warranties. Those warranties will now...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

Conn Kavanaugh on

As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Baker Donelson

Bills In the Maryland General Assembly Would Preclude Limits On the Power of Condo Councils To Engage In Litigation and Enforce...

Baker Donelson on

House Bill 68 and Senate Bill 379, now pending in the Maryland General Assembly, would prohibit condominium developers from including language in the governing documents that would limit the power of a council of unit owners...more

Ballard Spahr LLP

Pennsylvania Amends Condominium Law to Help Associations

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The Pennsylvania General Assembly recently enacted bills amending the common interest ownership laws, the Uniform Condominium Act (UCA), the Uniform Planned Community Act, and the Uniform Real Estate Cooperative Act....more

Ward and Smith, P.A.

What is a Community Association? Unwrapping the Riddle

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There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a clear understanding of what the heck the community association...more

Williams Mullen

Money, Dirt and Steel: Year End 2016

Williams Mullen on

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

Troutman Pepper

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

Troutman Pepper on

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

Ervin Cohen & Jessup LLP

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

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