Category: Home Owner Associations

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Carl A. Rizzo and Christopher P. Massaro | Cole Schotz | January 17, 2019 In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a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

Thinking of Signing a Release? Do Your Homework

Billie Jo Fatheree and Daniel Miske | Husch Blackwell | July 11, 2018 In a recent case out of New York (Board of Mgrs. Of 325 Fifth Ave. Condominium v. Continental Residential Holdings LLC, 139 A.D.3rd 472 (2017)) a condominium board signed a broadly worded document, releasing the developer and multiple other developer-related entities and their… Continue reading Thinking of Signing a Release? Do Your Homework

After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES

Daniel Miske | Husch Blackwell | May 23, 2018 Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing.  Specifically, a developer (owner of the property and declarant of the association) with knowledge of construction defects can prevent the association and/or… Continue reading After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES