Jazmynn Pok | Parsons Behle & Latimer Utah’s 2025 legislative session introduced significant changes to the way homeowners’ associations (HOAs) operate, thanks to House Bill 217. The bill, which took effect on May 7, 2025, touches many aspects of HOA governance. The law expands existing, and introduces new, oversight mechanisms, fee restrictions, transparency requirements, limitations… Continue reading Utah’s New HOA Law: What Homeowners Associations And Members Need To Know
Tag: Homeowner Association
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
Commercial Owners Associations/Residential Owners Associations The Same — But Different
Justin M. Lewis | Ward and Smith What are commercial owners associations, and are they really that different from residential owners associations? Commercial owners associations are nonprofit corporations that govern planned communities, condominiums, or a combination of the two, in which the lots and/or units are used for non-residential purposes. Commercial owners associations are governed… Continue reading Commercial Owners Associations/Residential Owners Associations The Same — But Different