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CC&Rs Real Estate Development

Winstead PC

Sustainable Governance: Responding to Changed Circumstances

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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

Winstead PC

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

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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

Sheppard Mullin Richter & Hampton LLP

California Mandatory Solar Update: First Community Solar Program Approved by California Energy Commission

On February 20, 2020, the California Energy Commission approved its first community solar system under the 2019 Energy Code, which allows developers of new homes within Sacramento Municipal Utility District (“SMUD”) to meet...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: H is for Homeowners Association

Miles & Stockbridge P.C. on

In my last post, “Real Estate Alphabet Soup: G is for Guaranty” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “H.”...more

Snell & Wilmer

Utah Still Thinks Privity of Contract is Important

Snell & Wilmer on

In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’...more

Lowndes

Declarant Rights: Are Developers Leaving Money on the Table?

Lowndes on

When a residential subdivision is developed, it is common for the developer to record a Declaration of Covenants, Conditions, Easements and Restrictions along with the subdivision plat. This Declaration addresses use...more

Sherman & Howard L.L.C.

Lakewood Passes Construction Defect Action Reform

Sherman & Howard L.L.C. on

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

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