This first-of-a-kind appellate ruling places significant limitations on the power and rights of developers to take control of condominium associations, amend the governing documents, and terminate condominiums so they may demolish the condominiums and redevelop the property while running roughshod over the individual property rights of innocent unit owners. Read the article…………………………….
Developers encounter roadblocks due to lack of communication with neighborhood Civic Clubs and City of Houston (TX)
The problem we have seen since the Our Town special, in communities similar to Sunnyside, with no standard HOA, is the city approving developers’ building permits, but halting construction once the civic club intervenes because of deed restrictions. Read the article…………………………….
Developers pay $102 million for Naples waterfront condo community (FL)
A pair of Florida developers have bought a 2.5-acre beachfront property near the Naples Beach Club and plan to build a luxury condominium tower on the site. BH Group and the Kolter Group, both from South Florida, paid $102.6 million for the property — which has 200 feet of beach frontage Read the article…………………………….
Complaints mount against developer Sathuan Sa. Why East Greenwich halted work on new condos (NY)
An embattled Rhode Island developer, who has been sanctioned multiple times by the Rhode Island contractors’ registration board, had construction of his 38-unit condominium development in East Greenwich halted after the town’s building official said he had “grave concerns” about the work being done there. Read the article…………………………….
Houston developer ignores multiple violations and builds dozens of homes without a single permit (TX)
In a city where putting a new roof on a house or remodeling after a flood would require a homeowner to pull a permit, residents in Shepherd Forest can’t figure out how one developer has managed to continue construction on a large commercial site without having any permits. Read the article…………………………….
Brooklyn Tower Is in Trouble (NY)
Stern’s supertall at 9 Dekalb, with its strikingly dark neo-Gothic façade, is now the most recognizable feature in the Brooklyn skyline — and perhaps its most divisive. But people in the real-estate industry have always talked about it for a different reason, with some speculating it was doomed from the start Read the article…………………………….
From Developer to Homeowners: A Brief Overview of Transition in New Jersey Community Associations
Congratulations on becoming homeowners in your new community! As you settle in and start to personalize your spaces, an important milestone awaits: the transfer of control from the developer to the unit owners. This process, known as “transition,” marks the moment when you and your fellow residents take the reins of your community, shaping its […]
HOA Transitions from Declarant to Homeowner Controlled Boards
Transitioning an association from a developer-controlled Board to a homeowner-controlled Board can be a complex process with various challenges. However, with careful planning and execution, it can be a smooth and successful endeavor. In this guide, we’ll explore the essential steps and considerations for the newly elected HOA Board members to ensure a seamless transition, […]
The Developer is Offering the Association (a lot of) Money to Sign a Release- Should the Board of Directors Consider Signing it? (NC)
Over the last year our firm has seen an uptick in offers to associations from the developer to pay money in exchange for signing a release. The language of releases can vary but the purpose is almost always the same – The money being offered to the association is in exchange for releasing the developer […]
Another D.R. Horton subdivision under duress after finding out their HOA may never be turned over to home owners (LA)
D.R. Horton is facing heat again with Livingston Parish residents in the Foxglove subdivision finding out they may never take over their homeowners association. Foxglove homes went on the market in 2020 and the neighborhood was in the process of building more homes. Residents bought their homes under the impression of purchasing a good quality […]
Highland Park condo lawsuit forces affiliate of prominent developer Stillwater Capital into Ch. 7 bankruptcy (TX)
A company affiliated with prominent developer Stillwater Capital filed for Chapter 7 bankruptcy at the tail end of a lawsuit over alleged construction defects at a high-end condo complex on the south end of Highland Park.
Judge orders Farmington Valley developer to comply with order to provide accounting funds (CT)
The Farmington Valley developer accused of stealing hundreds of thousands of dollars from clients could face a contempt of court charge if he doesn’t comply with a judge’s order by mid-January. Read the article…………………………….
Stricter standards, requirements seen in construction of new island condos (FL)
The collapse of Champlain Towers South in Surfside two and a half years sent shock waves through the Florida condo market, raising fears of additional collapses in older residential buildings. But stricter inspection and repair requirements put in place in 2022, a year after the disaster, have provided some sense of security for residents in […]
Illinois court asked: Are defects covered by general liability insurance?
The ruling, passed down from the state’s supreme court, could affect which issues contractors choose to litigate with insurers across the country. Read the article…………………..
Loop condo board election devolves to mudslinging amid Strategic’s stalled buyout (IL)
Battle tactics such as name-calling typically reserved to election campaigns for public office has seeped into a Chicago condo board contest, as homeowners grapple with a contentious bulk sale of their building to the city’s biggest deconversion player. Read the article……………………………….
New lawsuits filed against Avon developer accused of taking hundreds of thousands of dollars (CT)
The Farmington Valley developer accused of stealing hundreds of thousands of dollars from clients still has yet to face a judge. William Ferrigno, the owner of Sunlight Construction, is charged with first degree larceny and violating state contractor laws. Read the article…………………………………
Developers agree to strict HOA covenants (MS)
Developers of a planned subdivision off Yandell Road submitted proposed covenants to county supervisors that would make renting property incredibly difficult to ease the concerns of nearby residents. Read the article……………………………
Their Connecticut neighborhood has stood unfinished. Now the developer faces criminal charges.
The streets in Katie Barcelo’s neighborhood aren’t quite finished. In fact, her home is surrounded by others that have been unfinished for more than a year. Read the article………………………………….
‘Nothing more than a bait and switch’: Kalea Bay developer wins right to build higher tower (FL)
After a surprise compromise, the developer of Kalea Bay won the right to build its final residential tower even higher in North Naples. On Tuesday, Collier County commissioners voted unanimously to allow Detroit-based Lodge Abbott & Associates to add three more floors and 10 more condos to its fifth tower, bringing the building’s height to […]
Colony Ridge developer defends Houston-area community as state leaders vow action against it (TX)
GOP leaders claim the development markets to undocumented people and is plagued by crime. One of its owners refutes the allegations and says he’s ready to show lawmakers that Colony Ridge isn’t different than any other rural Texas community. Read the article………………………………..
Artificial intelligence being used in massive condo building construction in St. Pete (FL)
Construction on the massive condominium building in downtown St. Petersburg is coming along, and part of what makes the project unique is it’s being built with the help of artificial intelligence. Suffolk Construction is using artificial intelligence and 3D modeling Read the article……………………………..
One Park vs. Block 6 condo conflict awaits judge’s decision (FL)
A whirlwind of activity swirled around the proposed One Park condo development in The Quay last week. A hurricane-disrupted trial concluded, the scheduled Planning Board public hearing is set to resume, and a Sarasota city commissioner filed a misconduct complaint with the Florida Bar. Read the article………………………..
Farmington holds off on razing clubhouse, but time is running out for property owners (AR)
The Valley View Property Owners Association on Aug. 14 asked Farmington City Council members to hold off on passing an ordinance to demolish the clubhouse and other buildings at the former golf course to allow time to come up with a better resolution with the property owners. Read the article………………………..
Group trying to keep giant warehouses out of N.J. town has lawsuit tossed by judge
A Superior Court judge has dismissed a lawsuit filed by a Gloucester County homeowners association and nearby daycare facility fighting a redevelopment plan they say could lead to the construction of massive warehouses in their neighborhood. Read the article………………………..
StoryBuilt sued by investors, condo group (TX)
Angry investors and a condo community are taking legal action against StoryBuilt, shedding light on the Austin developer’s financial struggles amid a recent leadership shakeup. Read the article………………………..
South Shore Condo Owners Allege Hostile Takeover of Building (IL)
When an investment company first bought into her South Shore condo building, Monique Foster felt a wash of relief. It was 2014 and, like other condos throughout the country, the Silver Coast Citadel had been hurting for money. Read the article………………………..
The Overlook housing subdivision progresses despite flooding problems (NJ)
The timing is right to build new housing, but the timing was all wrong for paving roads in The Overlook housing subdivision on the west side of Cherry Valley Road. Developer Steve Layman said road paving in the hillside subdivision just prior to heavy rains before the Fourth of July holiday, and before completion of […]
Families in unfinished Simsbury neighborhood worried about regular payments (CT)
Some residents of the Cambridge Court home owners association, known in Connecticut as a common interest community, have been waiting years for their builder, William Ferrigno of Sunlight Construction to complete their neighborhood. From a lack of streetlights and road signs to incomplete sidewalks and drainage systems, their wish list is a long one that […]
Mast Capital sued over troubled oceanfront condo buyout in Miami Beach (FL)
The owners of a unit at Amethyst are suing Mast Capital over the dragged out condo buyout of the oceanfront Miami Beach property, which is now facing competition — or collaboration — from David Martin’s firm, Terra. Read the article………………………..
Angry condo buyers tell CT town: ‘a lot of people have been taken advantage of’ (CT)
Frustrated by unpaid tax bills and growing complaints from property owners, Simsbury officials are considering a tax foreclosure against the Cambridge Crossing condominium complex. Read the article………………………..
Town scuttles plan for public boat dock behind new waterfront condos (FL)
The dock was a condition of the town’s approval of the project, and the standoff imperiled Cornerstone’s ability to obtain a certificate of occupancy, potentially leaving people who bought high-priced residences there unable to move into them. Read the article………………………..
Two years after Surfside collapse, a bitter feud over the oceanfront land
On a lot scarred by the memories of 98 people who died here two years ago, developers are hopeful a new luxury oceanfront 12-story condominium building could soon rise. The building, designed by a world-renowned architectural firm, will be constructed of glass fiber reinforced concrete and was partially inspired by one of South Florida’s most […]
Judge blocks building’s construction at Spring Valley condo complex pending lawsuit review (NY)
The condo board’s lawsuit filed on May 2 involves Rockland County, Spring Valley, the property owner and the condominium’s board of managers, which opposes the construction. Read the article………………………..
Stalled Condo Tower Near Wall Street Doesn’t Just Tilt — FDNY Declared it a Hazard (NY)
….four years after it was first scheduled to open, the promised upscale high-rise remained an empty hulk, its upper floors open to the elements, most of its glass wall exterior yet to be installed. This was 161 Maiden Lane — shut down by its owner midway through construction after the discovery that the entire structure […]
Two Waterfront Condo Buildings in Miami Area Are Looking to Sell to Developers (FL)
Waterfront condo buildings in the Miami area are up for grabs. In Sunny Isles Beach, the homeowners association of Kings Point Imperial Condominium has listed the property for sale, having hired a Colliers team led by Gerard Yetming was hired earlier this month to broker a buyout. Read the article………………………..
Michigan Court of Appeals Reaffirms that Right to Construct “Need Not Be Built” Units Can Be Lost Under MCL 559.167
Since 2016, one particular section within the Michigan Condominium Act has been the source of repeated litigation in Michigan trial and appellate courts – Section 67, or MCL 559.167. When initially enacted, MCL 559.167 was designed to curtail the problem of Michigan condominium projects that began construction but, for one reason or another, never ended […]
Amendments could help end negotiations with home builder in Dorchester Co. (SC)
For years, Dorchester County, homeowners and builder Kolter Homes have been going back and forth on the fate of the Ponds community near Summerville, and there’s a potential way forward to end years of legal discussions. Read the article………………………..
Homeowners asking for change in developer-controlled HOAs (KS)
Residents of one Charlotte neighborhood are concerned about their developer-controlled HOA Watch the news report………………………..
Homeowners vs Developers: The fight for HOA control in North Carolina
A drive down Grand Palisades Parkway supplies 20-years worth of the subdivision’s history in just three miles. There are new apartments, older homes, construction of single-family subdivisions and zoning changes planned for even more development. Read the article………………………..
Washington Senate backs reduction in building requirements for smaller condo projects in bid to lower costs
Condominiums with fewer than 12 units and fewer than three stories would be exempt from certain requirements prior to construction if a bipartisan bill passes in the state Legislature this session. Read the article………………………..
A major archaeological discovery was made on the Miami River. Was it kept ‘under wraps’? (FL)
For the past year and a half, with scant public attention, squads of archaeologists digging at the Miami River site of a planned Related Group residential tower complex have unearthed remarkable finds, consisting of thousands of fragmentary prehistoric tools and artifacts, rare and well-preserved animal and plant remnants, vestiges of ancient structures and human remains […]
Illinois Court Orders Developer to Pay Condo Assessments on Unfinished Units
Assessments (or dues) provide the lifeblood for condominium associations so that they can provide necessary services to the unit owners within the association, including the maintenance of common areas such as roads, sidewalks, parking areas, utilities, and elevators. In most condominium associations, the only source of revenue to pay for common elements are these assessments, […]
Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association? (FL)
Surprisingly, the answer is yes. In the recent case of First Equitable Realty III, Ltd. vs. Grandview Palace Condominium Association, Inc., 329 So. 3d 167 (Fla. 3rd DCA October 6, 2021) before the Third District Court of Appeals, the Court held valid and enforceable a developer-recorded amendment to the condominium declaration, which granted the developer […]
Condominium Termination: A Potential Path for Repurposing and Redeveloping Aging Condominium Buildings
Termination has been a component of condominium law from its inception but has been pursued only in limited circumstances. It is unfamiliar ground for many associations and practitioners. This article reviews the basic mechanics of termination, identifies some common pitfalls, and discusses some broader issues related to condominium termination. Read the article………………………..
Toll Brothers pays Town of Fishkill for outstanding bills (NY)
Developer Toll Brothers has paid the Town of Fishkill the more than $352,000 it owned for water and sewer service. The payment satisfies outstanding bills owed to the town by the developer, based on an agreement approved earlier this year to bring to a close the long-standing issue over payment. Read the article………………………..
Where and why more new homes are getting wrapped into homeowner associations
In the low-interest rate era that followed the 2008 housing crisis, real estate developers rushed to build housing stock to meet rising demand. Federal data suggests that nonprofit associations have been set up at an increasing rate to govern these new developments. Read the article………………………..
Homebuilder Action 9?s been investigating in danger of losing license (NC)
North Carolina’s Licensing Board for General Contractors says it has “several active complaint files opened against” Aaron Guess and his company, Story Homes. Read the article………………………..
Beaver Pond residents in Saratoga Springs want development work completed (NY)
This winter the Department of Public Works will plow the roads that make up the Beaver Pond Village development, but the plow drivers will have to watch for lifted manhole covers since the streets don’t have top coats. Lack of road top coats is just one item on a list of things Chris Baldwin and […]