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 […]

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 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…………………………….

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…………………………….

“You’ve got to make changes”: why developers switch representation

Trinity Place Holdings’ condo at 77 Greenwich Street is a revolving door of sales teams.  Since sales launched in 2019, the developer has tapped four sets of brokers to take the reins, with news of the latest shakeup announced just last month. Five years in, only 40 of the tower’s 90 units have sold.  Brokers […]

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 […]

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  […]