Exempt Small Communities From HOA Requirements

Ann E. Stehling and Sarah Kellner | Davis Graham & Stubbs Summary SB24-021 Under current law, certain small communities are exempt from various requirements of the Colorado Common Interest Ownership Act (CCIOA), which governs the conduct of homeowners’ associations. SB24-021 would consolidate and amend the current exemptions, to state that a cooperative or planned community… Continue reading Exempt Small Communities From HOA Requirements

Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects

Daniel Miske | Husch Blackwell Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”).  Developer had acquired the remaining undeveloped portions of the development, other than the common areas.  “A construction company affiliated… Continue reading Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects

Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy

Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy

Revisiting Condominium Design and Construction Risks: Applying Lessons Learned to a Rekindled Market

Jeffrey R. Appelbaum, Daniel M. Haymond, Ross C. Eberlien and Bill Thrush | Thompson Hine LLP | June 9, 2016 Key Notes: Contract law protections have softened with time, creating an even greater need for architects and contractors to manage risk Condominium design and construction present unique issues for architects and contractors that can be… Continue reading Revisiting Condominium Design and Construction Risks: Applying Lessons Learned to a Rekindled Market

Litigating Construction Defects in Community Association Property: Part IV

D. Brad Hughes | Jimerson & Cobb PA | March 22, 2016 Recap of Part III This article is Part IV of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered.… Continue reading Litigating Construction Defects in Community Association Property: Part IV

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