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 […]

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………………………..

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.    […]

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 […]

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 […]

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……………………………….

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……………………………….

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 […]

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……………………………….

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, […]

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……………………………….