Assessments, Condos vs. Town Homes
Real Property Update - Foreclosure / Service of Process: Trial court properly denied the estate’s motion to quash service in a foreclosure lawsuit filed by the bank for the court’s failure to conduct an evidentiary hearing...more
Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more
Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279....more
The Florida Legislature has approved several bills affecting condominium, cooperative, and homeowners’ associations. House Bill 1237 and Senate Bill 1520 only amend Chapter 718, Florida Statutes (the Condominium Act). Senate...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
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
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
Finally—there is some good news for developers and general contractors regarding condominium construction defect claims. In a decision issued May 7, 2015, the Colorado Court of Appeals held that construction defect claims by...more
On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued...more
On October 13, 2014, Lakewood’s City Council passed Ordinance O-2014-21, which reforms the process for handling construction defect claims on condominium projects in the City of Lakewood. The ordinance has three primary...more
Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value...more