HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims

Andreea Custurea and Thomas Fama | Wood Smith henning & Berman In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner… Continue reading HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims

The Common Element Conundrum – When Common Elements Damage Unit Interiors

John S. Prisco | Stark & Stark One of the most frequent hot button issues in condominium communities, particularly those with multi-residential buildings, is whether or not the association will pay to repair damage to a unit’s interior stemming from a defect or issue, such as a water leak, in the common elements. A condominium… Continue reading The Common Element Conundrum – When Common Elements Damage Unit Interiors

Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

Garret Murai | California Construction Law Blog The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by… Continue reading Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

Who Is The Declarant? And Why Does It Matter?

Samuel B. Franck | Ward and Smith 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 condominium, that developer has the opportunity to reserve certain rights to itself as the… Continue reading Who Is The Declarant? And Why Does It Matter?

Class Action Certification by Association for “Matters of Common Interest”

David Adelstein | Florida Construction Legal Updates Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.”  Fla. R. Civ. P. 1.221.   This includes, but is not limited to, the common property or the areas in which the association is responsible.  … Continue reading Class Action Certification by Association for “Matters of Common Interest”

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