Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more
In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities. As we explained, condominiums and planned communities are types of common interest...more
North Carolina Community associations are typically developed by private developers that plan the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community...more
NOT NECESSARILY! Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners' association, the owner may have to obtain consent to combine...more
Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association. Community associations are governed by a board of directors,...more
Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums. Most construction permits end by their terms upon...more
If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so. But, can an HOA...more
And how do you determine whether the Condominium Ownership Act or the Vermont Common Interest Ownership Act applies to your Development? In Vermont, condominium communities are creatures of statute. In other words, if you...more
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events. How communities deal with these problems was the focus of Ward and Smith's latest...more
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
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
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have...more
Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more
When it comes to the creation of common interest communities in Colorado, ambiguities in state law could mean serious liability risks for developers, builders and homeowners’ associations. The Colorado Common Interest...more
The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a "Declaration" for a planned community or a...more
It's that time of year again. The holidays are upon us, and the end of the year is drawing near. As we reflect on the unprecedented past year, many of us begin to look forward and think, "What's next?" With a New Year...more
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community. But at their best,...more
The Florida Legislature recently amended the Florida Fair Housing Act by removing regulatory requirements imposed on age-restricted communities. Real estate developers have developed hundreds of age-restricted communities...more
Nearly 30 percent of North Carolina's population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community...more
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. When that happens, there are a number of basic but important "to-do's"...more
What are commercial owners associations, and are they really that different from residential owners associations? Commercial owners associations are nonprofit corporations that govern planned communities, condominiums, or...more
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...more
Please join Winstead for a webinar as we discuss the considerations and best practices for a phased reopening of community facilities and amenities, and for management of community property....more