In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes,...more
The legal landscape for condominium law continues to evolve. On August 5, 2024, Miami-Dade Circuit Court Judge Thomas J. Rebull issued an illuminating order in the long-running Carillon litigation. Moreover, on October 1,...more
The Virginia General Assembly approved a number of bills during its 2024 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more
In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex....more
How can an HOA tell me what to do? HOAs and condo associations are created when the property and community are first being developed. Before the developer sells the first property, documents are recorded with the local city...more
Medical marijuana has been on the scene for a while, but Marylanders recently voted to legalize recreational cannabis. Starting July 1, 2023, adults 21 and older may legally possess up to 1.5 ounces of usable cannabis and...more
Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future...more
Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for...more
Short-term rentals have become a popular way for homeowners to earn extra income when they are away from their property. Websites like Airbnb and Vrbo have made short-term rentals easy and accessible....more
During commercial leasing negotiations, landlords and tenants will often extensively negotiate the terms of a cap on the controllable operating expenses under a lease. Often, however, the issue of whether the cap will be...more
A recent ruling by the supervisor of the Israel Land Registration addresses, inter alia, the installation of an EV charging station in the car park of a condominium building. The general meeting of a condominium building’s...more
The Maryland General Assembly has passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Under House Bill 107, the...more
Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and...more
Most residential homeowners and condominium associations have restrictive covenants or rules regulating the size, number or types of pets owners may keep in their residences. Some associations may prohibit pets in the common...more
Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must pay the property owner...more
Briefcase: Quarterly Real Estate Update - Cases and News including: ..London Trocadero (2015) LLP v Picturehouse Cinemas and others ..Terence James Macey v Pizza Express (Restaurants) Ltd ..Kensquare Ltd v Boakye...more
The NC ABC Commission has circulated proposed common area entertainment permit rules, which are still in the drafting stage. The Commission requested initial comments by Friday, August 13, 2021, and will review any...more
On August 11, 2021, Dallas County Judge Clay Jenkins signed an emergency executive order, taking effect at 11:59 p.m. that same day, requiring “all child care centers and Pre-K through 12 Public Schools operating in Dallas...more
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
July 1 means new laws become effective in Virginia. The 2021 legislative session and special sessions were busy and resulted in sweeping changes—many of which impact Virginia community associations. Of significance to...more
COVID-19 shelter-in-place mandates caused employers to close their locations or significantly reduce operations, leaving many commercial buildings empty. As state and local COVID-19 restrictions are being lifted, building...more
As the COVID-19 vaccine rollout continues, and the rate of newly recorded infections is starting to decline, many California counties are moving to less restrictive tiers and lifting restrictions applicable to the business...more
The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures. The country looked forward to a new year with new hope. A new year usually...more
Boards of cooperatives (coops) and condominiums (condos) should start thinking about whether to implement a vaccination policy for their buildings now that vaccines are becoming more available. Boards not only have a...more