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
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
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
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
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
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
Taxes! In Texas, common area will be valued at a de minimus value, but usually only if the common area is owned by the association. So long as the land area that will be common area is owned by the developer, the tax assessor...more
As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose....more
The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places "smoke-free." For its part, the North...more
The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished...more
A recent Nevada Supreme Court decision suggests that community association common areas may be subject to property tax based upon the value of common area improvements, even if the underlying land is effectively valueless...more