Condominiums

News & Analysis as of

200 New Condo Towers Planned In South Florida Since May 2011

An exciting announcement was recently made in South Florida - between May 2011 and today more than 200 new condo towers east of I-95 in Miami-Dade, Broward and Palm Beach counties have been scheduled to be built. Yes, this...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...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

Appellate Court Opines On Propriety Of Communications Between Condominium Board Members

On the heels of the long-awaiting reversal of the Spanish Courts II appellate decision, condominium associations have been hit again with a First District Appellate Court ruling which has the potential to drastically impact...more

Pest Control In Condo Units

Many of us have had experience with unit owners who refuse to provide access to their unit for pest control. We have dealt with unit owners who raise issues with respect to the type of pesticide that is being used. In...more

Illinois Federal Court Grants Summary Judgment in Favor of Insurer on “Vexatious and Unreasonable” Claim by Insured

In One Place Condominium, LLC v. Travelers Property Casualty Company of America, 2014 U.S. Dist. LEXIS 33974 (N.D. Ill. March 17, 2014), plaintiffs One Place Condominium LLC, The South Loop Shops LLC, Southblock Development...more

Illinois Supreme Court Rules In Favor Of Condominium Associations Collecting Delinquent Assessments

On March 20, 2014, the Illinois Supreme Court published its court ruling in Spanish Court Two Condominium Association v. Lisa Carlson, 2014 IL 115342, which reversed a lower court’s opinion that a unit owner may raise as a...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

Spanish Court Two Condominium and Three Other Civil Opinions on Thursday

The Illinois Supreme Court has announced that it expects to file opinions in four civil cases on Thursday morning, March 20. Among the new opinions will be one of the two most anxiously awaited cases on the court’s advisement...more

Real Estate Tip – Condominiums: Development & Declarant Rights

Condominium development is often done in phases, some of which can be done on land referred to expansion land or land reserved for future development. Developers create condominiums by “declaring” them and the right to...more

Unplanned Condominium Repairs

The Ottawa Citizen recently reported about a 275-unit condominium building that was facing costs of approximately $15.3 million to complete a major overhaul of the entire brick and cladding façade to stop water penetration in...more

Condominium Warranties Do Not Apply to Some Florida Projects Built as Rental Housing

Florida’s Condominium Statutes provide unit owners with express statutory warranties from a Project Developer and Contractors that perform construction services. See F.S. 718.203. Such warranties have been the source of much...more

Joint Venturer May Be Partner By Estoppel

Benjamin Disraeli is often credited with saying “With words we rule men”. I haven’t found a source for that particular quotation. Even if he never uttered or wrote those words, I like the quote and the idea that the former...more

Supreme Court Denies Certiorari In Win For Condo-Hotel Developers

We recently posted about condo-hotels and their apparent comeback in the marketplace. Now, a recent Supreme Court decision that decreases the restrictions historically inherent to these types of properties could intensify the...more

Lender Liability for Assessments in Florida

Foreclosing lenders in Florida frequently take title to properties that are subject to homeowners' and condominium association assessments. Just as frequently, the newly-titled lender is presented with a bill from the...more

Editorial: Pitfalls In Fla.'s Revised Condo Termination Statute

In 2007, the condominium termination statute (Section 718.117 of Florida Statutes) was completely rewritten to address problems with an aging condominium inventory and declarations that typically required 100 percent of unit...more

Elizabeth White Quoted By Virginia Lawyers Weekly Regarding Virginia House Bill 791

Elizabeth L. White, the leader of LeClairRyan’s national Community Association Industry Team, was recently contacted by Virginia Lawyers Weekly and asked to weigh in on pending legislation in the form of Virginia House Bill...more

Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or...more

Second-Hand Smoke In Condominiums

What are the responsibilities of a condominium corporation where second-hand smoke is emanating from one unit to another? Are there additional responsibilities where the complaining owner is allergic to cigarette smoke?...more

Another Difficult Condominium Resident

In a recent post, we blogged about an owner who had engaged in inappropriate and abusive behaviour. In another recently-reported case, Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Jones, we see another...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 24, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more

The Condominium Form Of Ownership For Physician Practices

When we hear the word “condominium” or “condo” we typically think of a place to stay while on vacation or an apartment-style home in a densely-populated urban area. However, the condominium form of ownership can be a very...more

Florida Supreme Court: Separate Escrow Accounts Not Required For Condominium Deposits

The Florida Supreme Court today issued its opinion in North Carillon, LLC v. CRC 603, LLC, No. SC12-75 (January 23, 2014), reversing the Third DCA decision in the case (CRC 603, LLC v. North Carillon, LLC, 77 So.3d 655 (Fla....more

Condominiums and Interim Occupancy

If you are purchasing a new condominium unit in Ontario and you are ready to move in, you should be aware that just because you may be moving in, this does not mean the builder (or declarant) is ready to transfer ownership to...more

Updated Ontario Condo Guide Available

There’s more to buying a condominium than finding the right unit in the right location. Many first-time condo purchasers do not really understand what condo living entails and how this may affect their lifestyle....more

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