News & Analysis as of

Declaration of Condominium

Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision...

by Sherman & Howard L.L.C. on

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio...more

Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities

by Ward and Smith, P.A. on

In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act ("Act") as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property...more

Hawaii Finds Arbitration Agreement With “Severe Limitations on Discovery” is Unconscionable

Hawaii issued a bold arbitration decision this month. It applied its state contract law to conclude that the parties did not form a clear arbitration agreement, but even if they did, it was unconscionable because it...more

Amending Your Planned Community's Declaration

by Ward and Smith, P.A. on

Recently I have received a lot of questions from homeowners associations in planned communities regarding declaration amendments. Most of the questions are about procedure, member approval, and challenges to the amendment by...more

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