News & Analysis as of

Housing Developers Homeowners Association (HOA)

Amundsen Davis LLC

Ruffled Feathers: HOA Restrictions on Raising Chickens

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On July 12th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner...more

Lowndes

Smooth Transitions: HOA Turnover Tips for Florida Developers

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Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management...more

Ward and Smith, P.A.

Leaving the Nest: Healthy Community Association Transition

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In North Carolina, private developers establish community associations by planning, building infrastructure, developing lots, and organizing property owners or associations. Initially, developers have substantial control over...more

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

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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

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations: Self-Help or Injunctive Relief

Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief.  ...more

Obermayer Rebmann Maxwell & Hippel LLP

Homes, HOAs & Harmony?

Homeowners associations, commonly referred to as HOAs, are becoming increasingly popular in many residential communities due to the draw of various amenities and the orderly aesthetic of the homes. An HOA is an organization...more

K&L Gates LLP

New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners' Associations

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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

Stoel Rives LLP

Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction...

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Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more

BCLP

Branded Residences: Tips for Navigating a Successful Project

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With its glamorous brand, address, association with and access to an adjoining luxury hotel, a well-designed branded residence project initially appears to offer an “everyone wins” proposal to the participants: the project...more

Holland & Knight LLP

California's 2020 Housing Laws: What You Need to Know

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As California's housing supply and homelessness crisis continues, the State Legislature has for the past several years passed numerous pieces of housing legislation in each legislative session. This year was no exception,...more

Baker Donelson

New Maryland Law Affects Developer Voting Rights in an HOA

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Governor Hogan has signed into law legislation adopted by the General Assembly during 2019 session that deals with the voting rights of developers in homeowner associations where not all lots have been sold. ...more

Perkins Coie

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

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The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Lowndes

Legal Issues Associated With Selling & Purchasing Failed Residential Subdivisions In Florida

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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

Lowndes

Acquiring Failed Subdivisions: The Risk of Tyrannical HOAs

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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

Adams and Reese LLP

Supreme Court Takes on Housing Discrimination

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Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

Troutman Pepper

Foreclosed Property: Related Rights May Be Tricky

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Cooper v. WPD Polar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) – After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale.  The issue was whether the...more

Snell & Wilmer

Developing Issues in Utah Construction Defect Litigation

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Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)...more

Brownstein Hyatt Farber Schreck

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...more

Miller Starr Regalia

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

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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

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