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Minority Owner Protection Provisions in Commercial or Mixed-Use Condominium Projects - July 2024

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

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year...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

5 Things Your Governance Documents Should Contain, and Probably Don’t

The Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community. In our experience, we have noticed that many...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

Property Insurance for Attached Residential Communities

In traditional single family residential communities, each homeowner is responsible for selecting an insurance agent and obtaining their own property insurance. In the event that a homeowner’s residence suffers a casualty,...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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