News & Analysis as of

Condominiums

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (January 2026)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Vorys, Sater, Seymour and Pease LLP

Credit Benefitting Ohio Multifamily Condominium Properties Being Phased Out

In the face of public pressure to provide property tax relief to Ohio’s homeowners, the Ohio General Assembly recently passed House Bill 186, which, among other changes, amended Sections 319.302 and 323.152 of the Ohio...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (December 2025)

We are publishing our Newsletter early this month so that our readers will be alerted to an upcoming City Council hearing, scheduled for December 2, 2025, at which proposed legislation having a seriously detrimental effect on...more

Winstead PC

Tennessee Condominiums: Horizontal Property Act Versus the Condominium Act

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Tennessee developers continue to rely on the Horizontal Property Act (“HPA”) as a familiar framework for condominium ownership. The Tennessee Condominium Act of 2008 (“Condominium Act”) introduced a more modern alternative,...more

Lowndes

Vertical Real Estate for a Horizontal World: Hacking the Data Center Campus with the Florida Condominium Act

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The demand for data centers, fueled by AI and cloud computing, is insatiable. In Florida, this "digital gold rush" is colliding with a trifecta of physical and regulatory barriers: a strained power grid vulnerable to...more

Bilzin Sumberg

Florida Supreme Court Declines Review of Biscayne 21—Leaving Third DCA’s Constraints on Condo Terminations Intact

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On October 14, 2025, approximately three months after the revised opinion in Avila v. Biscayne 21 Condominium, Inc., 50 Fla. L. Weekly D1509 (Fla. 3d DCA July 10, 2025), the Florida Supreme Court declined to accept...more

Winstead PC

Structuring Data Centers for Flexibility: Using the Condominium Form of Ownership

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As the demand for data centers continues to accelerate—driven by artificial intelligence, cloud computing, and energy-intensive digital infrastructure—developers are increasingly searching for flexible, efficient structures...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (November 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Winstead PC

Texas Site (“Land”) Condominiums

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As Texas markets continue to evolve, so too do the legal and structural tools available to developers. One such tool—the site condominium—has gained traction as a creative alternative to traditional subdivision platting. ...more

Hinshaw & Culbertson - Consumer Crossroads

Are Your 90-Day Pre-Foreclosure Notices in New York Compliant With the Latest Law Change?

What’s Happened? On October 16, 2025, New York Governor Kathy Hochul signed a new law based on Assembly Bill A3470 (companion Senate Bill S7413)....more

Jones Day

Overview of Japan's Amended Condominium Redevelopment Promotion Law

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Japan faces a pressing need for the redevelopment of aging condominium buildings, particularly in urban areas, which has been difficult due to strict decision-making rules and limited redevelopment options under the previous...more

Winstead PC

Ground Leases and Leasehold Condominiums: Structuring Development When Land Can’t Be Conveyed

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When a developer encounters a landowner unwilling—or unable—to convey fee title, the project doesn’t have to stop. In Texas and other jurisdictions following the Uniform Condominium Act, the leasehold condominium provides a...more

Fuerst Ittleman David & Joseph

Florida’s New Flood Disclosure Law: What Tenants, Landlords, and Buyers Need to Know

Starting October 1, 2025, Florida’s Flood Disclosure Law (CS/CS/SB 948, 2025 Legislature) took effect, bringing sweeping changes to landlord-tenant, real estate sales, condominium, cooperative, and mobile home park...more

Haight Brown & Bonesteel LLP

California Court Affirms $1.8 Million Judgment Against HOA for Failing to Investigate and Remediate Water Intrusion

When an HOA ignores its duties under its covenants and restrictions, the consequences can be devastating. In Ridley v. Rancho Palma Grande Homeowners Association (Cal. Ct. App., Aug. 28, 2025, No. H052560), a Santa Clara...more

Wiley Rein LLP

Wisconsin Appeals Court says “Not So Fast” to Prior Notice Exclusion—Insurer Must Keep Defending

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The Wisconsin Court of Appeals, applying Wisconsin law, reversed a circuit court’s order granting an insurer’s motion for declaratory and summary judgment that its policy’s prior notice exclusion barred coverage for certain...more

Roetzel & Andress

Upcoming October 1 Deadline: DBPR Registration Requirement for Florida Condominiums and Cooperatives

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On or before October 1, 2025, all condominium and cooperative associations in Florida must create and maintain an online account with the DBPR and submit specific information about the association and its buildings. This new...more

Ward and Smith, P.A.

HOA Elections: Guidelines for a Fair and Legal Process

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The board of directors is tasked with making important decisions on behalf of the HOA, including managing the HOA's finances, adopting and enforcing rules and regulations, and overseeing the upkeep of common areas. The...more

Ward and Smith, P.A.

How to Amend HOA Bylaws and Covenants in North Carolina

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Their governing documents, specifically the Declaration of Covenants, Conditions, and Restrictions (commonly called CC&Rs, covenants, or the declaration), and Bylaws, establish the legal and operational framework for how a...more

Winstead PC

Colorado American Dream Act: Condominium Construction Defect Procedures

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Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill...more

MG+M The Law Firm

MA Appeals Court to Weigh New Construction Defect Claims Under Statute of Repose

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An appeal being filed with the Massachusetts Appeals Court (Appeals Court) involving construction defects alleged against a condominium developer has the potential to impact construction and design professionals. As a result...more

Whiteford

Client Alert: The Myth of "Unit-to-Unit" Issues in Condominiums

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When a pipe bursts in a single-family home, the fallout is typically confined to the owner, the insurer, and perhaps the plumber. In a condominium, that identical pipe failure can set off a chain reaction of obligations that...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest September 2025

Welcome to the September 2025 edition of MHH's Condo/Co-op Digest. We hope our readers enjoyed their August holidays as much as we did and that all of their summer capital improvement projects are all underway and on...more

Wiley Rein LLP

Court Finds Class Action Lawsuits Regarding Rental Management Programs to Constitute “Related Claims”

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The United States District Court for the District of Montana, applying Montana law, has held that two class-action lawsuits regarding rental management agreements filed during different policy periods were “Related Claims”...more

Sands Anderson PC

Three Critical Mistakes Developers Make That Can Derail a Residential Development Project

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Residential real estate development is a high-stakes business. Managing financing, construction timelines, local approvals, and ultimate sales can lead even experienced developers to overlook critical details that may have...more

MG+M The Law Firm

Surfside Condominium Collapse: Is There a Path Forward to Mitigate Risk of Catastrophe? - UPDATED August 2025

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David Hatem explores the response to tragic events such as the Surfside Condominium collapse in June 2021 should not be finding more parties to sue or defenses to establish, but to develop constructive initiatives and...more

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