In 2018, Wilkerson became one of the first 100 residents of Babcock Ranch — an innovative community north of Fort Myers where homes are built to withstand the worst that Mother Nature can throw at them without being flooded out or losing electricity, water or the internet. Read the article………………………..
Horry County folks’ federal flood insurance jeopardized by appeals board, state says (SC)
State officials fear that an obscure board’s decision to allow a developer to build dozens of homes in an Horry County flood zone may lead to higher flood insurance premiums for locals and could even jeopardize residents’ ability to obtain flood coverage. Read the article………………………..
Developer Liable for Assessments on Unconstructed Units (IL)
Developer recorded a Declaration in 2001 for the 260 Jamie Lane Condominium Association (“Association”) consisting of nine units in what seemed to be one building, with an allocation of the percentage interests based on the square feet of each unit. Read the article………………………..
Largo Townhome Association Sue D. R. Horton Home Builders As Lawsuits Abound (FL)
D. R. Horton, Inc. has been sued by a homeowner’s association in Largo for myriad construction defects. The top-volume homebuilder in the U.S. is headquartered in Arlington, Texas. It is also the subject of a class action lawsuit filed in March by homeowners based in Youngsville, Louisiana. Both states experience high levels of humidity. Read […]
Mooresville homeowners wrestle for control of HOA; Developer could control 17 more years (NC)
Townhome owners in a Mooresville community say they’re desperate to take control of their Homeowners Association after the person left in charge of the HOA is accused of threatening residents with a gun and harassing behavior. Read the article………………………..
Battle brewing between Native Hawaiians, Bay Area developer over $200 million luxury condos
Amid a dire housing crisis in Hawaii, a battle is brewing between Native Hawaiians and a luxury developer over a $200 million luxury condo development. Read the article………………………..
Investors are buying condo buildings (IL)
Q. I live in a condominium. The association is fielding offers from prospective purchasers to buy the entire condominium property. The offers are for a lump sum for the entire property. How would each owner’s portion of the purchase price be determined? Read the Q&A……………………………….
City readies rules for new townhome developments (GA)
Townhouses – defined as blocks of three or more attached homes that share a side wall between each two but have separate entrances – have suddenly become popular with Statesboro developers as a way to create more family-style housing in less space. Read the article………………………..
Vacant New Condo Tower in San Francisco: Tentacles of China’s Collapsing Property Developers Reach Deep into US Cities
As the condo market is going south on you, you can always try to sell the tower to an investor to convert to rental apartments. But that’s tough too. Read the article………………………..
Architectural Control Through Rulemaking Authority is Proper IF YOUR DOCUMENTS ARE PROPERLY WRITTEN
Does a homebuilder need Association approval of its plans? NO, unless the condominium documents require it. Read the article………………………..
One Developer’s Case for Building in a High-Risk Fire Zone
In the past five years, California’s wildfires have burned more than 30,000 structures, prompting debate over whether the state and local governments should allow development to continue in higher-risk parts of the state. Read the article………………………..
Building a Sustainable Condo Today Involves Designing for the Future
A graduate of my Sustainable Design course at Toronto Metropolitan University contacted me recently for advice. She is working for a real estate developer in the Niagara region of Ontario, about 30 miles west of the falls, building condominium apartments and townhouses. She asked me to review her proposal for the company’s sustainability initiative. […]
Condo termination, teardown in store for Edgewater property following $143M sale
Two Roads Development has bought out the majority of the Biscayne 21 condo in the Edgewater neighborhood of Miami for $143 million with plans to tear it down and build a luxury condo. Read the entire article……………………………….
Sale of Champlain Towers South property may prompt condo owners to sell their buildings (FL)
Fay says condo associations in South Florida are already showing interest in selling the land beneath their buildings instead of owners reselling their individual units. With the Champlain Towers South property selling for $120 million, it could lead to more interest in putting properties on the market because it can be more lucrative to sell […]
Dubai developer to buy Florida condo collapse site for $120M (FL)
A billionaire developer from Dubai is set to purchase the site of a South Florida condominium that collapsed last June, killing 98 people, for $120 million after no other bids were submitted by the Friday evening deadline for next week’s auction. Read the entire article……………………………….
Why are condos in Seattle so rare and expensive?
The average home in Seattle costs over a million dollars. And now, rising interest rates have made mortgages more expensive. Homebuyers just can’t seem to get a break. Read the entire article……………………………….
Developers Rush to Buy Out Owners in Aging Miami Buildings After Area Condo Collapse
Miami developers are scrambling to acquire aging waterfront condominium buildings, demolish them and build luxury residential towers in their place, a strategy that has been gaining attention since a 12-story building in Surfside partially collapsed last summer, killing 98 people. (Note: if you don’t have WSJ subscription you can listen to an audio version on […]
Condo deconversion offer for $96M shakes up Chicago Loop community (IL)
An unknown investor’s $95.8 million offer to purchase an entire condo building in Chicago’s Loop is rattling its residents, some of whom are resisting the attempt to turn their homes back into apartments. Read the entire article……………………………….
Developer alleges ‘improper conduct’ by Stamford Board of Reps members in Life Time Fitness lawsuit (CT)
A real estate developer is claiming city representatives decided how they would vote on a contentious 2018 zoning petition before ever hearing their arguments, and the company is pointing to newly unveiled emails as evidence. Read the entire article……………………………….
Bishop’s Landing homeowners sue developer Beazer Homes (DE)
Homeowners in the Millville community of Bishop’s Landing have taken steps to fight moves by the developer of their community, Beazer Homes, including filing a lawsuit against Beazer and holding a vote this past weekend to negate moves by Beazer to retain control of the development despite that control having been turned over to the […]
Loan default could eject 35 tenants from Harlem condo (NY)
A dispute between the developer of a West Harlem condo building and his former lender could push its tenants out of their homes. The loan’s terms called for the building to be used “exclusively” as a condominium and dictated that Balkany “may not enter into any lease” without the lender’s written consent, a complaint filed Wednesday […]
Condo deconversion vultures still circling Chicago (IL)
The new wrinkle is investors hunting for troubled older condo buildings – to transform into lucrative rental properties – and attempting to buy out individual owners in such hot neighborhoods as Gold Coast, Lakeview, Lincoln Park, and South Loop. Read the entire article……………………………….
New Construction Condos: What is the Implied Warranty of Habitability? (MI)
Purchasing a new construction condominium can be an exciting proposition. Generally speaking, a developer will provide an express written warranty to the purchaser of a new condominium unit that covers defective construction within the unit. However, in addition to the interior of a condominium unit, co-owners also purchase an undivided interest in the common elements […]
Triad developer abandons neighborhood road covered in potholes and other problems (NC)
The original developer, Centex homes pulled out of the community and sold the project and the remaining lots to Barrington Estates LLC. The company sold many of the lots to builders, but many remained unsold. Several lots sat empty going on 10 years after the development was started. Read the entire article……………………………….
In Everett, many new apartments, but where are the condos? (WA)
Developers throughout Washington began to think twice about building affordable or market-rate condominiums. A state law aimed at protecting condo owners ignited a flurry of questionable lawsuits against condo developers, causing insurance premiums for builders to skyrocket. Read the entire article……………………………….
Developer to accept Bitcoin for Punta Gorda condos (FL)
A Pacific northwest developer has announced it will accept virtual currency in sales of luxury condos planned for the “oceanfront” site near Ponce de Leon park in Punta Gorda. Read the entire article……………………………….
West Chester pledges $19.2M in funding for NorthPoint mixed-use development (OH)
Dillin has also been in negotiations with the Beckett Ridge Homeowners Association to possibly build a retention pond on a vacant, wooded pocket of land on the north side if West Chester Road to help mitigate the flood plain. Read the entire article……………………………….
Appellate Decision Upholds a Developer’s Right to Object to an Amendment to the Declaration (FL)
Overview of First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n. A recent decision of the Third District Court of Appeal, First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n, 46 Fla. L. Weekly 2199 (Dist. 3d DCA 2021) determined certain rights a developer has to object to amendments to a condominium association’s […]
Grand Lake to chip in for workforce condos (CO)
As part of the Portal Crossing development in Grand Lake, six units may be listed at an attainable price and dedicated to workforce housing, so long as they sell within nine months on the market. Read the entire article……………………………….
State condo law aims to ease restrictions, but is it enough to spur development in Spokane County? (WA)
Spokane County’s brisk real estate market has caused a shortage of available properties and record-breaking prices, prompting developers and real estate industry officials to advocate for a variety of housing types to boost homeownership. Read the entire article……………………………….
City’s Approval of High-Rise Next to Surfside Condo Under Scrutiny (FL)
The role that city officials played in allowing a luxury condominium to be built next door to the now-collapsed Champlain Towers building is under new scrutiny by plaintiffs and investigators. Read the entire article……………………………….
Fort Myers gives luxury condo developer break from minority contractor requirement (FL)
The developer of a luxury condominium complex in downtown Fort Myers will get a break from complying with a city requirement that at least 15% of contractors on the job be minority-owned enterprises. Read the entire article……………………………….
Cedar Falls City Council stands by planning staff, developer in support of Creekside Condos (IA)
The developer of the future Creekside Luxury Condos at the corner of Cedar Heights and Valley High drives did enough in the eyes of City Council to appease some 100 HOA residents who had signed a petition in opposition to them last year. Read the entire article……………………………….
Preserve property owners stage protest, demand failing bridge and streets be fixed, dues lowered (TX)
Property owners in The Preserve community, located on SH 105 between Moss Hill and Tarkington, organized a protest on Friday to raise awareness to their plight. Facing a huge hike in property owners association dues, residents are demanding that the property developer, SWE of Houston, fix the crumbling infrastructure that has made their only access […]
How Developer-Controlled Communities Work
Many new communities getting built will often get referred to as a “Developer Controlled Community.” These communities operate differently when you move in, and understanding how they work when you move in is essential when you are living in the community for the first time. Furthermore, as modifications get made, and the community is getting […]
Condo development company brings in illegal immigrants to work in St. Charles County (MO)
The workers detailed how they had to work 11-12 hours per day, six days a week, and were paid cash at the end of the week without taxes deducted. The crew was largely made up of immigrants who came into the U.S. illegally via the porous Mexican border. Read the entire article……………………………….
Developer sues city for “millions,” lawsuit calls council’s decision “irrational” (OK)
A developer whose request to build homes in Norman was denied by the city council has filed a lawsuit claiming millions in damages, court records show. The council in October denied Shaz Investments owner Jalal Farzaneh’s rezoning request to build 147 homes in the existing Eagle Cliff housing addition after a nearby property owner and […]
After a Decade of Dispute, Hoboken’s Monarch Agreement is Finally Settled (NJ)
A real estate settlement agreement signed by the City of Hoboken has closed the book on what has been a years-long property dispute. The waterfront property at the corner of 15th Street and Shipyard Avenue, known as the ‘Monarch Site,’ was the subject of a long-running battle between the City of Hoboken and the Ironstate […]
Condo Deconversions Will Continue in Chicagoland Area (IL)
If we consider that 2017 was the year that deconversion sales in Chicago began in earnest, we are now four years into the cycle. I’m frequently asked my opinion of how much longer this cycle will last, and what it will look like going forward. To me, that comes down mainly to supply and demand, […]
Hollywood Beach Condo May Renege on 47-Year-Old Promise to Residents (FL)
About a mile south of the revelry of the Margaritaville resort is a four-acre parcel of public waterfront land that contains a public park, a community center, and a scenic beachscape where weary souls can soothe themselves with the sounds of lapping waves. Read the entire article……………………………….
Amid flurry of flood zone development requests, planning commission shoots down Burbank subdivision (LA)
Days after heavy rain brought flooding to areas of the capital city, the East Baton Rouge Planning Commission denied a rezoning request for a subdivision project along Burbank Drive. Maple Cove, an 11-acre, 60-lot project near University Villas, was one of several potential projects either partially or entirely in the floodplain to be heard Monday […]
Who’s running your HOA? (NV)
A Nevada law that gives developers control of master planned communities until they are almost complete allows developers to have their way, absent oversight from regulators, says Las Vegas resident Mike Kosor. Read the entire article……………………………….
Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion
On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed to defend nor indemnify an insured-builder under a commercial general liability policy. Read the entire article……………………………….
Contractors can still be liable for failures years after project completion
Within a day of the collapse of the Champlain Towers South condominium in Surfside, Florida, the lawsuits began. While most of them to date have been aimed at the building’s condominium association, the city of Surfside and the engineering firms that conducted inspections on the structure, others target “any person or entity that might bear […]
‘Fractional’ home co-ownership: How Pacaso works (CA)
As some Sonoma residents continue to oppose the “fractional” home-ownership model of startup real-estate company Pacaso, confusion persists as to how the company’s shared-ownership template actually works. The company closed escrow on its first Sonoma Valley property – 1405 Old Winery Court – on May 17 and quickly relisted the $4 million home on its […]
Playing for Keeps – What Rights and Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover? (FL)
For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, […]
Subdividing Land: Tips for Landowners from a Developer (Part 2 – Lessons from the Field)
Are you a landowner who is thinking about subdividing your land into residential lots? In this second of three articles on the topic, you can learn about subdividing land from the real world experiences of a real estate lawyer and developer. Read the entire article……………………………….
Why aren’t we seeing more new condos being built in Salt Lake City? It’s complicated (UT)
When CW Urban announced it would build a new residential building across from Pioneer Park, one thing in particular stood out. It wasn’t necessarily its design, its unit count, its height or anything about the appearance that made it particularly noteworthy in a sea of similar competing buildings nearby. Read the entire article……………………………….
Homeowner associations not regulated in North Carolina
Realtors say when amenities are just promises, it can create confusion. That’s what homeowners tell FOX8 has continued to happen at Caleb’s Creek in Kernersville. The website shows a Village Center with shops, a pool, a lake for fishing and water sports, but homeowners are still waiting. Read the entire article……………………………….