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”
Tag: Home Owner Associations
“Up On The Roof”
Victor Metsch | Smith Gambrell & Russell LLP | October 18, 2018 When this old world starts getting me down And people are just too much for me to face I climb way up to the top of the stairs And all my cares just drift right into space…[*] Every aspect of residential cooperative or… Continue reading “Up On The Roof”
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
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
Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums
Nicholas D. Cowie | Cowie & Mott | June 8, 2016 Below is an Article concerning needed warranty reform legislation for condominiums. The legislation addresses unfair practices used by developers and builders to avoid their warranty responsibility for concealed construction defects in newly constructed condominiums they sell to the public. Recent efforts to get this legislation passed… Continue reading Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums