Smith Gambrell & Russell | September 16, 2019 Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges. Determining common charges in buildings that are completely residential is typically straightforward — the board develops a budget and then divides the projected… Continue reading Common Charges In Mixed Use Condominiums
Category: Home Owner Associations
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
Don’t Jump Without A Parachute! Understanding Community Association Insurance Needs
Adam Beaudoin | Ward and Smith | July 22, 2019 In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered they didn’t have the right amount and/or proper type of insurance coverage. More often than not, such lessons were very expensive, and the… Continue reading Don’t Jump Without A Parachute! Understanding Community Association Insurance Needs
Condominium Conversions Defect Actions Under California Law: Not Your Run-of-the-Mill Defect Case
Brendan P. Bradley | Gordon Rees Scully Mansukhani | February 28, 2019 Condominium conversions may present developers and contractors with both additional defenses and potential liability pitfalls when a defect action is subsequently alleged by an HOA. On the plus side for the converter, unlike new residential construction projects, California Civil Code Section 896, which… Continue reading Condominium Conversions Defect Actions Under California Law: Not Your Run-of-the-Mill Defect Case
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Carl A. Rizzo and Christopher P. Massaro | Cole Schotz | January 17, 2019 In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a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