Condominiums

News & Analysis as of

Rhode Island Supreme Court Rules That Condominium Assessment Liens Could Extinguish First-Priority Mortgages

First mortgage holders in Rhode Island beware: in a 4-1 decision handed down on December 4, 2015, the Rhode Island Supreme Court has ruled that pursuant to the Rhode Island Condominium Act, RIGL § 34-36.1-1.01 et seq., liens...more

The New Texas Two-Step: Construction Defect Litigation by Condominium Owners’ Associations

On June 17, 2015, Texas adopted amendments to the Texas Uniform Condominium Act by requiring condominium unit owners’ associations (“Association”) to take specified procedural steps prior to initiating a construction defect...more

Mandatory Training for Community Association Board Members

Following the release of a report evaluating the Montgomery County Commission on Common Ownership Communities, the Montgomery County Council in Maryland enacted legislation that requires training and certification for board...more

Construction Continues To Improve, But Are We In A Boom?

Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more

The Priority of Interests in Real Estate

In Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc., the Second District Court of Appeal reversed a 2011 final judgment entered in favor of Kipps Colony II Condominium Association, Inc. (“Association”)....more

The Use of Condominium Regimes in Senior Housing Facilities

Given the degree of flexibility created by the condominium form of ownership of real property, it is probably not surprising that condominium regimes are often employed in connection with senior living facilities. Such...more

New Florida Condominium Law Adds Hurdles to Condominium Terminations

On June 16, 2015, Florida Governor Rick Scott signed into law H.B. 643, which made significant changes to Section 718.117 of the Florida Condominium Act. While these changes were made to protect unit owners, they make the...more

Nutter Bank Report, November 2015

The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines - 1. DOB Revises Guidance on Branch and Main Office Notices and Applications - 2. FDIC Updates...more

Denver City Council Advances Construction Defect Ordinance

The Denver City Council on November 16, 2015 unanimously approved the first reading of a construction defect action reform ordinance designed to spur condominium development in Denver. Like Lakewood and other metro-area...more

Florida Court Clarifies When Coverage Is Available Under Commercial Property Policy For Matching To Achieve Aesthetic Uniformity

In Great American Insurance Co. of New York v. The Towers of Quayside No. 4 Condominium Assn., 2015 U.S. Dist. LEXIS 150358 (S.D. Fla. November 5, 2015), the court analyzed a Motion for Summary Judgment filed by Great...more

Appellate Court Notes

SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more

Tax Planning for Chinese Investment in U.S. Real Estate

According to recent estimates, Chinese investors represented the largest group of foreign investors in U.S. real estate in the second quarter of 2015 with $1.9 billion in acquisitions. In the last 12 months, Chinese investors...more

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

New Condominium Sponsor-Developers Guidelines Go Into Effect November 1: Certificates of Occupancy

Earlier this week, the Real Estate Finance Bureau of the New York State Office of the Attorney General (REF) provided significant guidance on several issues facing sponsor-developers of new construction and gut-renovation...more

Real Property, Financial Services & Title Insurance Update: Week Ending September 18, 2015

REAL PROPERTY UPDATE - Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more

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

Courts, States Continue to Wrestle with Homeowners Association Assessment Liens

The circumstances under which a condominium or homeowners association (HOA) lien for unpaid assessments may wipe out a lender’s mortgage lien continues to evolve across the country. As noted in our previous alerts regarding...more

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Construction Case Law Update - July 2015 #2

CGL Policies; Declaratory Judgments; Appeal of a Partial Final Judgment – A commercial general liability insurer and its insured sought declaratory relief over the question of insurance coverage and the duty to defend...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 10, 17 & 24, 2015

REAL PROPERTY UPDATE - Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more

Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

La ciudad de Miami sigue figurando como uno de los destinos mundiales principales para los extremadamente ricos. Según el Informe anual sobre la riqueza (The Wealth Report) de Knight Frank de 2015, Miami ocupa el sexto lugar...more

“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

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