When Jennifer Chao moved into her Mediterranean Forest community in 2020, she was promised a luxury golf course community with high-end amenities. However, she quickly realized something wasn’t right. To start, the home she paid $300,000 for didn’t match the floor plan she was given. Many of the luxury amenities, including a golf course, didn’t […]
Charleston-area homebuilder wants right to cancel contracts any time. SC Judge says its unethical
Pat Franquelin and her husband, Marcel, were three weeks from closing on their Johns Island home when the builder unexpectedly called and canceled their contract. Now, more than three years after filing a lawsuit against the builder for breach of contract, the Franquelins are still fighting to move into their dream home. The couple is […]
Key Strategies for Developers Amid Fla.’s Changing Condominium Termination Laws
In March, Florida’s Third District Court of Appeal issued a pivotal ruling that could significantly impact land developers aiming to acquire entire condominium buildings. The ruling challenges a long-standing practice in Florida, where developers would acquire enough units to gain control of the condo board, enabling them to amend rules and limit a condominium association’s […]
On tall condo tower, Sarasota picks developer over residents (FL)
With snarled traffic, disappearing open space and the recent devastating flooding, anti-development sentiment in Sarasota has never been higher. Wary elected officials are seeing this sentiment show up in local elections. That makes how the city is handling one proposed project puzzling. Read the article…………………………….
“An Intentional Community” (WI)
Boreal Preserve, Door County’s first-of-its-kind conservation subdivision, grows in Baileys Harbor Home development and land conservation don’t have to be oppositional concepts, as can be shown by a conservation subdivision that’s working its way through the County of Door approval process…..As a conservation subdivision, Boreal Preserve is allowed more homes – 13 versus the seven […]
CONSTRUCTION SCAM? Boca Raton Mandarin Oriental Condo Delays Lead To Lawsuit (FL)
The company behind the very much delayed “The Residences — Mandarin Oriental Boca Raton” is refusing to refund the $1.3M deposit paid by the buyer of a condominium, even though the building remains under construction years after it was supposed to be complete. Read the article…………………………….
Trump Pitches $3 Billion in Condos at Miami-Area Golf Course (FL)
Donald Trump wants to sell more high-end condos in the US, this time using a famously difficult Florida golf course as a draw. The former president’s family business is seeking to build residences and retail inside the Trump National Doral Miami resort, according to documents posted on a City of Doral website. The property covers […]
Does the Developer Always Have the Ability to Terminate a Condo?
Let me tell you what you should be looking for in your condominium documents after you stop reading this: the provisions in your declaration of condominium allowing termination of the condominium itself. We know that condo assessments have doubled, tripled or even quadrupled in many instances due to increased insurance premiums, mandatory inspections, mandatory repairs […]
Homeowners fighting for HOA bank records (NC)
Homeowners in Weddington Pointe have watched their annual dues increase by $500 annually since they moved into the newly constructed community in 2021. There’s not a whole lot of options for residents to fight against the rising costs though because their homeowner association is not under homeowner control. “Since it was still under the developer’s […]
A court decision worries developers eyeing Florida’s aging condos
In Miami’s Edgewater neighborhood, many older buildings have been torn down and replaced by new gleaming high-rise condominiums. But on a prime waterfront spot in the neighborhood, there’s an older building that’s now vacant. Read the article…………………………….
Unfinished business: More than a year later, cases against developer William Ferrigno continue (CT)
It’s been a little over a year since issues with a partially completed neighborhood in Simsbury first began to surface. Residents of Cambridge Crossing, a stone’s throw from the International Skating Center of Connecticut, were frustrated and fed up with the lack of action on concerns they had about the conditions of their neighborhood due […]
Complaints mount through the Nation against ‘America’s Builder,’ D.R. Horton
From coast to coast, customers who purchased brand new homes with D.R. Horton say their homes are riddled with constant problems, creating a massive safety hazard and taking a toll on their livelihood and bank accounts. While their homes are an obvious concern, the homeowners believe communication and accountability are bigger issues with the home […]
Guilty By Association: Common Pitfalls in Planned Community and Condominium Formation and Management (PA)
Many homebuilders are familiar with the general structure of condominiums and planned communities in Pennsylvania, and the purposes of the associations that manage them. However, due to the complexities of these communities and the statutes that govern them (68 Pa.C.S.A. Sections 3101, et seq. (condos) and 5101, et seq. (planned communities)) (the “Acts”), there are […]
Kiawah Island development opposition continues, attorneys now involved (SC)
Property owners and the Homeowners Association on Kiawah Island have been fighting against proposed developments for months and now attorneys are involved. The attorney representing the developers, Kiawah Resort Associates, sent a letter to the attorney representing Kiawah HOA’s, saying their concerns they expressed to the town about the development are groundless and are delaying […]
United States Files Fair Housing Act Lawsuit Against Toll Brothers And Related Entities
Damian Williams, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal Fair Housing Act (“FHA”) lawsuit against TOLL BROTHERS, INC. and TOLL BROTHERS REALTY TRUST (collectively, “TOLL BROTHERS”), relating to their failure to design and construct new apartment buildings so as to be […]
Somersett residents outraged at developer over subdivision construction (NV)
Residents said they have been trying to raise awareness about what they called Toll Brothers’ poor workmanship, “deviation from architectural plans” and unsafe, incomplete hillside landscaping. They said the City of Reno has failed to enforce its own codes and requirements, which puts their homes at risk because of what they said was poor erosion […]
New Home Construction Issues: 26 Years After ‘Fumarelli’ (NY)
In this article, the authors, whose first jointly written article on new home construction was published 22 years ago, will cover developments, which have occurred over that span of time, regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à […]
This Miami luxury condo is burying crystals in its building foundation to create good ‘vibes’
Many green buildings talk about energy efficiency. At Well Bay Harbor Island in Miami, an exclusive condo project centered on wellness, one of the selling points may be its vibrational energy. Set to open next year, the project will feature an array of crystals embedded inside amenity spaces and even buried within the eight-story building’s […]
Developer files lawsuit against Pine Ridge Association (FL)
The development group that sought to build 85 single-family residential homes on the vacant Pine Ridge golf course filed a lawsuit last week accusing that community’s property owners association and its former president with slander. The lawsuit, filed in the Fifth Judicial Circuit Court, alleges that then-president Wayne Tuch made false statements regarding the sale […]
Condo holdouts leave developer in limbo, case could have ripple affect statewide (FL)
A recent decision by an appeals court in Miami overturning a condominium termination has sent ripples through the condo development community, including lenders, buyers and investors. Rep. Vicki Lopez, R-Coral Gables, told Florida’s Voice that 10 condo owners in Edgewater, Miami refused an offer to sell their units to a development company that had been […]
Why it’s so hard to build affordable condos in Maine
Affordable condominiums could be a great first foray into homeownership for working Mainers, but building them is one of the least profitable ventures a private developer can undertake. Despite financial and cultural roadblocks, some, like Merritt Carey, are trying it anyway. Read the article…………………………….
Condo Column: The monkey lost (NH)
All too often attorneys only tell others about the cases they win. This column is about one I recently lost……The developer constructed two of three commercial buildings and then disappeared for fourteen years before coming back to try and construct the third building. There were two problems with what he wanted to do, I pointed […]
Experts say lack of condo-building comes down to risk, returns (UT)
Developers aren’t building condos in Utah because of design constraints, equity investment issues and the promise of a lower return for a much higher risk, according to a panel of industry experts and interviews with lenders. The answers come after the share of condos fell to a record low in recent years in Utah and […]
First-of-Its-Kind Injunction for Florida Condo Owners
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………………………..