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Community Associations Network
- March 22, 2016
25 views 33 sec

Litigating Construction Defects in Community Association Property: Part IV

Once all of the necessary parties have been added to the proceeding and some basic discovery has been conducted, the Board will need to prepare for significant settlement discussions.  Up to this point, the Board likely knows there are significant defects but likely doesn’t have a real concrete understanding of what is causing the problem […]

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Community Associations Network
- March 8, 2016
21 views 22 sec

Condo-monium over construction defect fable undone by real Colorado market statistics

There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is.    Read the article…………

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Community Associations Network
- February 18, 2016
32 views 28 sec

The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases

Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less than six years after the association received the transition engineering report identifying construction defects.   Read […]

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Community Associations Network
- January 27, 2016
24 views 32 sec

Litigating Construction Defects in Community Association Property: Part 1

The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to, water intrusion, peeling paint, staining, wood rot, cracking of stucco, concrete spalling, […]

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Community Associations Network
- May 13, 2015
15 views 38 sec

New Home Nightmares: First Coast News Investigates

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found that some new homes — including those in very prestigious communities, with half-million dollar price […]

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Community Associations Network
- May 8, 2015
20 views 21 sec

Appeals court yields pro-builder ruling in construction-defects case

The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder.   Read the article………..

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Community Associations Network
- March 27, 2015
17 views 38 sec

A Beacon for Homeowners and HOAs. Not So Much for Design Professionals (CA)

Earlier we wrote about a case that made architects none too happy – Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, Case No. A134542 (December 13, 2012) – in which the California Court of Appeals for the First District held that architects could be sued by a homeowner’s associations (“HOA”) and, by implication, […]

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Community Associations Network
- March 23, 2015
16 views 43 sec

Florida Statute Chapter 558: Changes Are Brewing

Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their […]

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Community Associations Network
- March 19, 2015
29 views 15 min

Colorado Senate Wins the “Arizoonie” Award

I thought I had retired the “Arizoonie”.  This was originally an annual award I gave to the state that proposed the dumbest community association proposed law each year.  The nickname “Arizoonie” was given because Arizona continually won the award and that is also why I stopped giving it – the same state won every year. […]

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Community Associations Network
- March 17, 2015
21 views 33 sec

A few red flags on construction defects (CO)

SB 15-177, Construction Defects, can provide relief for both homeowners and developers from costly and often reckless litigation. The bill can empower homeowners by requiring them to vote on and approve the use of HOA funds in litigation. However, the bill raises a few major red flags of concern that unless addressed will negate the […]

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