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Thoughts on Achieving Financial and Social Sustainability

In Texas and nationally over the past 15 years we have seen a higher number of condominium projects being developed. The reasons vary, but include a desire for greater density as a means to accommodate higher land prices...more

2023 Texas Legislative Update: Issues Affecting Texas Homeowners’ Associations and Condominium Owners' Associations

The 2023 Texas Legislative Session has come to a close. New laws affecting homeowners’ associations and condominium owners’ associations will take effect on September 1, 2023. Winstead was actively involved in the 2023 Texas...more

Sustainable Governance: Responding to Changed Circumstances

A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more

Mixed-Use and the Lead Unit Approach: I Can Do This Better Than You

In a typical condominium regime, the maintenance of each unit is performed by the unit owner, and the maintenance of certain shared components or facilities (i.e., common elements) is performed by the condominium association....more

Property Insurance for Condominium Communities

Section 66-27-413 of the Tennessee Condominium Act includes specific requirements for insurance obtained by the condominium association for condominium regimes. If there are horizontal boundaries (residential units above...more

Parking in Commercial or Mixed-Use Condominium Projects: Common Elements or Unit?

In a commercial or mixed-use condominium project, parking is a hot commodity (at least for the near to mid-term future). Since parking is an integrated part of the mixed-use condominium project, the developer and their...more

Minority Owner Protection Provisions in Commercial or Mixed-Use Condominium Projects

To preserve the marketability of a commercial or mixed-use condominium unit sold to a third-party, it may be necessary to include specialized minority owner protection provisions in the condominium declaration for the...more

2021 Texas Legislative Update: Issues Affecting Master-Planned Community & Condominium Developers and Developer-Controlled...

The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have...more

GA 34 COVID-19 Executive Order March 2, 2021

In a widely publicized move, Governor Abbot adopted Executive Order GA 34 on March 2, 2021, which takes effect on March 10, 2021, lifting the state-wide occupancy limits and mask mandate related to the COVID-19 pandemic. How...more

Community Association Loan Eligibility: Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) under the...

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020, providing emergency assistance to businesses, families and individuals impacted by the COVID-19 pandemic.  The...more

COVID-19 Presents Unique Issues for Community Associations

The COVID-19 pandemic has caused a unique set of issues for community associations. States, counties, cities, and the federal government have taken unheard of measures in an attempt to slow the spread of COVID-19. These...more

Revisions to Unit Boundaries for Detached Condominiums

On June 10, Governor Abbott signed House Bill 2569 (the “Bill”), relating to condominium unit boundaries. For more than a decade, Texas builders and developers have used the condominium process to create “detached”...more

Leasehold Condominiums

Prior to the approval of the Uniform Condominium Act by the Uniform Law Commission in 1977, few state condominium enabling statutes included specific provisions on submission of a leasehold interest to the condominium form of...more

8/20/2018  /  Condominium Act , Condominiums , Leases
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