News & Analysis as of

Residential Property Owners

Let it Shine: California Mandates Rooftop Solar for New Residential Construction

California. Birthplace of the Frisbee, skateboard, television, canned tuna and (yup) fortune cookies has added another first to the list: California has become the first state in the nation to mandate the use of solar panels...more

Neighbor v. Neighbor

When your neighbor breaches the proprietary lease, can you successfully sue him? The question of whether a shareholder was a “third-party beneficiary” of the lease between her upstairs neighbor and the cooperative was at the...more

Washington Amends and Adds Provisions Regarding Defaulted, Abandoned, or Foreclosed Residential Real Property

by Weiner Brodsky Kider PC on

The State of Washington adopted House Bill 2057 related to the services and processes that are available to and required of mortgage servicers and trustees in the context of properties in default as well as abandoned...more

Iowa Amends Provisions Regarding Mortgage Releases

by Weiner Brodsky Kider PC on

The state of Iowa has amended several of its provisions relating to mortgage releases. These provisions take effect on July 1, 2018....more

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

by Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Utah Modifies Provisions Under Residential Mortgage Practices and Licensing Act

by Weiner Brodsky Kider PC on

Utah has issued House Bill 243 relating to licensing, record requirements, and investigations. The updates are effective May 8, 2018....more

It's five years, not two - the bright-line test for residential property expands

by DLA Piper on

The Labour-led Government has moved quickly to extend the bright-line test that applies to most residential property from two years to five years. It did this through introducing a Supplementary Order Paper (SOP) to a bill...more

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

by Snell & Wilmer on

The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more

Short-term home sharing in Singapore: is it here to stay?

by Dentons on

In recent times, there has been a rising trend of tourists using Airbnb and other homestay type accommodations as opposed to more traditional short-term accommodation options like hotels and service apartments while...more

Phoenixing Developers Could be Thing of the Past

by K&L Gates LLP on

In the five years to November 2017, AUD1.8 billion of GST revenue was written-off due to phoenixing – where companies are stripped of assets and liquidated, then restarted under a different name leaving creditors out of...more

Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong

by Field Law on

The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work. If you have been wronged by a residential renovation that’s gone off the rails, or if you’re a...more

Residential PACE Market Faces a New Hurdle

by Miles & Stockbridge P.C. on

Property Assessed Clean Energy (PACE) financings are an alternative financing tool used to finance energy efficiency upgrades or renewable energy projects in residential, commercial and industrial properties. PACE financings...more

No Homestead Treatment for Property Owned by a Corporation [Florida]

by Charles (Chuck) Rubin on

In a recent case, residential property was owned by a corporation. The sole shareholder and president of the corporation resided on the property, and the corporation had attempted to convey the residence to the shareholder,...more

Tax Reform: What Does the Tax Cuts and Jobs Act Mean for the Real Estate and Construction Industry?

The Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law by President Donald Trump on December 22, 2017. The Act changes many provisions of the Internal Revenue Code, from individual and business provisions, to...more

To Protect Wildlife, or Religious Freedom?

That was the question before the Deschutes County Board of Commissioners earlier this month. The conflict arose as a result of John and Stephanie Shepherd’s continued attempts to host weddings on their property in...more

Podcast Episode 13 - Penn Central and the Loft by Central Park

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations...more

MSR Holder Sanctioned for Not Holding Requisite State License

by Alston & Bird on

On November 2, 2017, the Arkansas Securities Commissioner (ASC) issued a consent order against a financial services company for purchasing and holding “master servicing rights” (commonly referred to as mortgage servicing...more

Defence & Indemnity - October 2017: V. SURETY AND BOND ISSUES

by Field Law on

V. SURETY AND BOND ISSUES - A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor. Vermilion & District...more

Major Public Nuisance Ruling by California Court of Appeals

by Davis Wright Tremaine LLP on

On November 14, 2017, California Court of Appeals affirmed liability findings in $1.15 billion judgment ordering three lead paint manufacturers to abate public nuisance in 10 counties and cities containing homes built before...more

CA appellate court upholds most significant portions of $1.15B abatement judgment against lead paint manufacturers

by Dentons on

In a unanimous 138-page decision issued on November 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra...more

New Law Requires NYC Condos and Coops to Adopt Smoking Policies

by Cozen O'Connor on

Every residential building in New York City is now required to establish and display a smoking policy that specifies where smoking is and is not permitted on the property by August 28, 2018, pursuant to Local Law 147 (LL...more

Mind the Gap - GST and new residential properties

by Dentons on

The Turnbull Government has released Exposure Draft legislation that proposes to implement the 2017-18 Budget measure of requiring purchasers of newly constructed residential properties or new subdivisions to remit the GST...more

Model tenancy agreement for Scottish private residential sector published

by DLA Piper on

On 18 October the Scottish Government published a model tenancy agreement for the new Scottish private sector residential tenancy regime, which comes into effect (under the Private Housing (Tenancies) (Scotland) Act 2016) on...more

Securing Your Home’s Digital Entry Points

We’re all concerned with our home’s physical security, but so often we forget to pay the same amount of attention to our digital security. However, leaving your home’s digital entry points open is like leaving your front door...more

New Maryland Laws Governing Condominiums and HOAs

by Miles & Stockbridge P.C. on

Beginning on October 1, 2017, several new laws will go into effect in Maryland governing condominiums and homeowners associations (“HOA”). With so much of new residential real estate being developed as part of an HOA or a...more

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