Housing Developers

News & Analysis as of

Sometimes the Real Fight is Before the Fight

One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more

And So it Begins . . .

This past year I wrote about a case that caused an uproar in the homebuilding industry - Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (August 28, 2013) – in which the California Court of...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

Homebuilders Target Active Baby Boomers

As the post-war babies of the 1940s, ’50s, and ’60s move past middle age and into their golden years, marketing to Baby Boomers is becoming a booming business....more

Japanese Homebuilder Eyes Big Investment In U.S. Rental Housing Market

Earlier this week, Japan’s biggest homebuilder by market value, Daiwa House Industry Co., announced its plan to invest ¥ 150 billion ($1.5 billion) in the U.S. rental housing market by 2016. The amount of this new investment...more

Separate But Not Equal: The New Commercial and Industrial Common Interest Development Statute

Introduction - Since 1986, a single body of law, the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”), has governed both residential and commercial common interest developments. The provisions of...more

Cold Weather Only Partially To Blame For Slow Home Construction

Last week, the U.S. Department of Housing and Urban Development and the U.S. Census Bureau released figures showing that in January 2014, housing starts fell 16 percent to a seasonally adjusted annual rate of 880,000 units....more

Saying What You Mean and Meaning What You Say: Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for landowners to offer incentives to a locality to grant the rezoning. Such incentives often take the form of proffers, which are voluntary conditions the landowner...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

South Florida’s Residential Markets On The Rise

South Florida’s residential market is strengthening at fast, consistent rates making the prospects for the future seem bright this holiday season. During the over-leveraged, overbuilt times of 2008, most believed South...more

Developers and Homebuilders: The Ramifications of Yanni v. Tucker Plumbing, Inc.

On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real estate and...more

A Glimmer of Hope for Condominium Developers

On September 26, 2013, the House of Representatives took a major step in simplifying the sale and lease process for condominium developments, voting 410/0 in favor of H.R. 2600, introduced by New York Republican...more

Lowering the Floor for Density Bonus Requirements

In Latinos Unidos del Valle de Napa y Solano v. County of Napa, 217 Cal.App.4th 1160 (2013), the First District Court of Appeal invalidated portions of Napa County’s density bonus ordinance because it imposed more rigorous...more

Attorney fees only awarded to developers of affordable housing projects

In Honchariw v. County of Stanislaus, the California Court of Appeal for the Fifth Appellate District ruled that the housing developer was not entitled to attorney fees under California Government Code § 65589.5(k) because...more

Connecticut Supreme Court: “Make Whole” Doctrine Is Default Rule, But Does Not Apply to Policy Deductibles

In Fireman’s Fund Ins., Co. v. TD Banknorth Insurance Agency, Inc., SC 18796 (Conn. 07/30/2013), the Connecticut Supreme Court answered two certified questions of first impression under Connecticut insurance law: - Is...more

Anticipating Earnest Money “Damages” – Don’t Assume It

The Arizona Supreme Court issued an opinion last month in Thomas v. Montelucia Villas, LLC, 2013 Ariz. LEXIS 152 (June 14, 2013) that adds a few wrinkles to efforts by sellers in real estate transactions to retain “earnest...more

California Subdivision Map Extension Signed into Law - More Comprehensive than Prior Extensions; Sets Deadlines and Allows...

On July 11, 2013, Governor Brown signed into law AB 116, urgency legislation aimed at providing additional relief to California’s recovering housing and construction industries. AB 116, which became effective immediately,...more

Update: Toronto Considers Substantial Increases To Condominium Development Fees

As we previously reported, Toronto is considering dramatic increases to development fees that could result in purchasers paying price increases of almost $15,000....more

The Commercial Paper - June 2013: Lender Concerns When Combining Low-Income Housing Tax Credits and New Markets Tax Credits

The respective purposes of the New Markets Tax Credit Program (NMTC) and the Low-Income Housing Tax Credit Program (LIHTC) are entirely complementary. ...more

No Planning for Change of Use?

We have all seen a lot of publicity on the government’s proposals to speed up and simplify the system for getting planning permission to kick start the economy. From 30 May 2013 various changes of use can be made without the...more

Your Dream Home Is Now a Nightmare - What Can You Do?

You waited a long time to find the right building plans and property for your California dream home. It’s been less than a year since you moved in and now you find that your basement has a serious moisture problem. You’ve...more

CFPB Announces RESPA Action Against Homebuilder

On May 17, the CFPB announced an enforcement action against a homebuilder the CFPB alleges violated Section 8(a) of RESPA through joint venture arrangements....more

Consultants On Home Improvement Projects May Now Need A Contractor's License

It is common in the construction industry for residential owners to use consultants, including construction managers, to oversee and manage work performed by the direct contractor, subcontractors and material suppliers. The...more

HST: Issues for New Home Builders

If you are a new home builder or if you “substantially renovate” client’s homes, you should be aware of the GST/HST New Housing Rebate which may be available to the home owner. This program provides a rebate on part of the...more

Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program...

In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First...more

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