The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction

Jason T. Strickland | Ward & Smith | July 26, 2019 Homeowners associations (“HOAs”) do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the common elements of the community. However, in that… Continue reading The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction

Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged

Carl A. Rizzo and Christopher P. Massaro | Cole Schotz | January 17, 2019 In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property. In Oster v. Zoning Board of Adjustment of the Township of Middletown (Docket No.… Continue reading Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged

Utah Still Thinks Privity of Contract is Important

Parker A. Allred | Snell & Wilmer | July 16, 2018 In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’ associations have filed lawsuits against developers, contractors, and builders for… Continue reading Utah Still Thinks Privity of Contract is Important

Construction Defect Claims at Common Interest Developments

Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments

Litigating Construction Defects in Community Association Property: Part 1

D. Brad Hughes | Jimerson & Cobb P.A. | January 27, 2016 The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property.  These latent construction defects can manifest themselves in a number of different ways, including but not limited to,… Continue reading Litigating Construction Defects in Community Association Property: Part 1

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