Burden of proof on homeowner in proposed Colorado Springs (CO) construction defects ordinance

Construction would have to be doubly defective before Colorado Springs condominium owners could sue under a city ordinance proposed Monday.  A condo or townhome owner would have to show that the defect not only violated the city’s building code, but also caused damage, loss, injury or death or posed “substantial risk” of doing so.    Read the article…………


Related Articles

HOA’s May Collect Attorney Fees After Successful Action (OK)

In two recent decisions, the Oklahoma Appellate Courts have allowed Homeowners Associations to collect attorney’s fees and costs after successful

Provisions in CC&R’s Requiring Arbitration of Claims Against Developers by Homeowners Associations or Owners Are Not Enforceable (CA)

In Villa Vicenza Homeowners Ass’n v. Nobel Court Dev., LLC, No. D054550 (4th Dist. Jan. 11, 2011, the Fourth District

Safe Harbor: Lender Liable For Pre-Foreclosure Assessments After Failing To Foreclose HOA Lien (FL)

A recent decision by the Florida Second District Court of Appeal has once again brought to the forefront the issue of the application of an association’s lien subordination clause to a mortgage lender post-foreclosure