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,  […]

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 […]

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 […]

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……………………………

How HOA Fees Work in New-Construction Communities: What To Expect

When purchasing a new-construction home, most buyers prepare for the down payment, closing costs, and subsequent monthly mortgage payments. But one additional expense that sometimes gets forgotten in initial calculations is homeowners association (HOA) fees.   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………………………..

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 […]

The Future of Condominiums: Innovative Designs and Smart Technologies

The future of condominiums is evolving rapidly, with innovative designs and smart technologies at the forefront of this transformation. As urban populations continue to grow and the demand for sustainable, efficient, and comfortable living spaces increases, architects and developers are reimagining the way condominiums are designed and built. From energy-efficient materials to advanced home automation […]

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 […]

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 […]

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………………………..

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………………………..

New homes are now more commonly found in HOAs

Almost two-thirds of new homes constructed are now located in community or homeowner’s associations, according to recent analysis from the National Association of Home Builders.   Read the article………………………..

Claims for When Developers Have TOO Much Control of Association

Montana Developer of three condominium-hotels at Big Sky Ski Resort sold units subject to Declarations that required “all unit owners to use [Developer], or an agent designated by [Developer], as their exclusive rental agents,” when renting out their condominiums. The Declarations also provided that “Unit owners may decline to renew the rental management contract with […]

Condo Developer May Seek Elmhurst Subsidy (IL)

A developer proposing a condo complex in downtown Elmhurst is presenting options for a smaller project at the request of zoning committee members and neighbors.  But there’s a catch: The developer would then seek financial help from the city.      Read the article………………………..