Assessments, Condos vs. Town Homes
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more
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
Homeowners associations ("HOAs") do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the...more
Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more
The Washington Legislature wrapped up its 2019 session by enacting much-anticipated reform to the condominium implied construction warranties. The warranty reform bill also included important clarifications of the application...more
In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the Governor's veto that includes relaxation of environmental provisions. This...more
Earlier this summer, in Gables & Villas at River Oaks Homeowners Ass’n v. Castlewood Builders LLC, 2018 UT 28, the Supreme Court of Utah addressed the question of whether the plaintiff’s construction defects claims against...more
In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’...more
Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company. We start this issue with an article providing some practical solutions to common legal...more
Building and Development Permits - While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida’s counties. Due to...more
In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk...more
On May 23, 2017, Governor Hickenlooper signed House Bill 17-1279 (“HB 1279”) into law, which applies to all construction defect actions filed on or after that date. With the adjournment of the 2017 Colorado General Assembly...more
Colorado developers frequently cite Colorado’s Construction Defect Action Reform Act (CDARA) as an obstacle to building new condominiums in the state. Developers contend that the law makes it too easy for condo boards to sue...more
In a dramatic and seemingly overnight change of course, the Colorado House of Representatives unanimously approved House Bill 1279 on April 24, 2017. Days later, on May 4, 2017, HB 1279 passed unanimously in the Colorado...more
The Colorado General Assembly is heading towards the conclusion of this year’s legislative session. Although one construction defect bill, House Bill 1279, passed the House and is expected to pass the Senate, most bills have...more
Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C. ...more
The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals' decision in May 2015,...more
Welcome to the June 2016 edition of our Under Construction newsletter. Hope you are staying cool this summer. Are you legally operating your drone on the construction site? In our Winter 2015 Under Construction...more
Residential Communities: Calderon Process for HOAs Likely to Be Extended Again - The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more
There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more
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
As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for...more
After three years of a historic drought, Californians are now subject to mandatory water rationing, bans on washing cars, and water “only on request” at restaurants. In 2015, California saw a number of new laws, regulations...more
Developers and builders who wish to acquire a failed developer’s residential subdivision, when there are existing homeowners in the subdivision, should BEWARE that a statutory turnover of HOA control may have occurred!...more
A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work. Several months later, the mason purchased a commercial general liability policy that expressly excluded coverage...more