The process of converting condos into apartments—a hot commodity now—is an often messy and sometimes ugly process. And it’s about to get even tougher. Read the article………………………
Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal (CA)
In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access to undeveloped parcels of land Millennium had purchased for the purpose of developing residential properties. The undeveloped parcels of land were landlocked and adjacent to a guard-gated […]
Hebron couple seeks help from lawmakers to address homeowners association concerns (OH)
Overgrown grass, a 50-foot burrow pit, and fences growing algae are a handful of complaints Hebron residents Wayne and Nelva Carruthers have about their homeowners’ association. In a letter to The Advocate, Wayne Carruthers said he and his wife knew of the HOA upon moving into their Lake Forest home. But what they didn’t know […]
Brooklyn condo discriminated against people with disabilities, HUD alleges (NY)
The U.S. Department of Housing and Urban Development announced charges Monday against developers and architects of a Brooklyn condominium that allegedly discriminated against people with disabilities. The charges name Toll Brothers, Greenberg Farrow Architecture and others involved with the design and construction of North 8 Condominium — a 40-unit residence in Williamsburg. Read the article…………………………
Live Long and Prosper in a Health-Conscious Colorado Condo
Around the nation, builders and developers are beginning to experiment on projects that include wellness features – better air filtration, circadian rhythm lighting, furnishings and building materials that don’t off-gas dangerous chemicals, among other things. Read the article……………………….
‘This loan was not normal’: Chinese nationals who invested in Vail condo project sue developer, lender (CO)
Condo project Solaris claims on its website to be “Vail’s premier address.” But 13 Chinese nationals who put up millions toward the project see it somewhat differently, saying they invested in “a Roach Motel designed to extract value from foreigners.” The phrase appears in a lawsuit filed by the individuals Wednesday against Solaris developer Peter […]
Supreme Court affirms ruling in HHHunt-Henrico Wyndham road dispute (VA)
The state’s highest court has weighed in on a years-long dispute between Henrico County and one of its biggest residential developers. The Supreme Court of Virginia issued an opinion Thursday affirming a lower court’s ruling that the county was within its rights when it eliminated a stretch of road that HHHunt had intended to use […]
Harvey Hernandez reaches settlement in BrickellHouse lawsuit (FL)
Miami developer Harvey Hernandez has finally reached a settlement in a long-running case over a failed robotic car garage at the BrickellHouse condo development. Hernandez settled for $275,000, which dismissed with prejudice all claims against him, according to the Daily Business Review. The settlement pertains to a 2016 lawsuit filed by the condo association over […]
After buying bulk of Bronzeville condo complex, two brothers decide against deconversion (IL)
When South Side developers Jon and Julian Mickelson purchased the majority of a fractured Bronzeville condominium complex this winter, their intention was to get in on the local deconversion craze and turn the units into upscale rentals. But after learning who lived in the complex’s remaining condo units, the brothers decided to forgo the deconversion […]
Top Risk Management Issues for Florida Condo Developers: Part II
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article………………………
Condo deconversion wave hits smaller buildings (IL)
Condominium “deconversions” are sweeping Chicago as more investors and small developers tap a profitable market. A survey by The Home Front revealed that more than 2,500 condo units in more than 20 existing condo buildings have been de-converted and rehabbed into rental apartments over the past three years. Buyers include major landlords, out-of-state investors, and […]
Pros against the amateurs: Clearwater condo case illustrates why residents lose construction battles (FL)
Residents of the Edgewater neighborhood printed up hundreds of “No Tall Condos” T-shirts and wrote reams of letters to city planning officials. They wore campaign buttons declaring their opposition and held up signs at boisterous public rallies. When it came time to argue against a 100-foot-tall condominium project before the Community Development Board, they were […]
Top Risk Management Issues for Florida Condo Developers: Part I
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article……………………….
Durham community blends farming with suburban lifestyle (NC)
Home construction and pre-sales begin in two weeks at a new agricultural neighborhood which blends suburbs and rural farmland. Wetrock Farm’s developers plan to have 141 houses at a 230-acre site about 20 minutes north of downtown Durham. Pegasus Land Co. will build the first dozen homes in the subdivision’s initial phase. “It hasn’t taken […]
Condo association sues Fort Lauderdale after city rejects plans for downtown site (FL)
When Trammell Crow Residential brought plans to bring a new 21-story, 180-unit apartment tower in downtown Fort Lauderdale in 2017, the project seemed like a sure thing. Two city committees had found the project to have largely met the city’s guidelines. It also received approval from the historic preservation board. But a year later, under […]
Five Considerations in a Condo Deconversion (IL)
In the past few years, the demand for rental units has increased due to a number of factors including rising home prices, declining homeownership among seniors, increased single-person households, and tougher mortgage lending standards. Accordingly, a new phenomenon has emerged where all the units in a condominium building are sold to a third party who […]
Homeowner association files lawsuit to stop potential Tanglewood high-rise development (TX)
A homeowner association filed a lawsuit to prevent a possible 20-story high-rise from going up in Tanglewood. The petition, filed by the Tanglewood Homes Association, asks for a declaratory judgment that would prevent the defendant, WMJK Ltd., from pursuing a 20-story tower. The association says the proposed tower at 1661 Tanglewood Blvd. would “throw a […]
Honolulu looks to Singapore to solve its housing shortage (HI)
There’s an old joke in Hawaii that state bird should be the crane — as in, the construction crane. A quick look around Honolulu’s Ala Moana neighborhood shows why: High-rise cranes dot the skyline, each one working on a new building. Most streets have at least a couple of active construction sites, and almost all […]
Your Community and the Law
If your community has a dreadful legal problem, one thing that doesn’t work is to not get real about the worst potential outcomes for your community. It doesn’t work to prevaricate, to use euphemisms, and to tiptoe around the subject because of the belief you’d be “negative” if you speak directly about the horrible things […]
A Developer Controlled HOA
An HOA is created before the ground is broken for the first home. The developer-controlled board is more or less just in charge of keeping the community afloat until the community is finished (or mostly finished). In theory they have all of the same responsibilities that an owner-controlled board has, however, in practice, the board […]
This new Seattle high-rise condo tower will come with Teslas that residents can rent (WA)
A high-rise condo complex under construction near Seattle’s Pike Place Market will come with an interesting perk for residents: On-demand Tesla vehicles. Developers of The Emerald are partnering with Envoy Technologies, a Culver City, Calif. company that sets up on-demand vehicle pools for office buildings, hotels and housing complexes. Through Envoy’s app, residents of The […]
Neighborhood Under Construction For Those With Special Needs (AZ)
In what developers say is a first, an entire neighborhood of brand-new homes is set to hit the market that is specifically designed for adults with developmental disabilities. The development called Luna Azul is located in Phoenix. A model home and the neighborhood clubhouse and pool are slated to open in May, while the remainder […]
Tempe condo owners may be forced to sell to investor group (AZ)
As Dorsey Place Condominiums in Tempe were being built in 2007, Jake Geller worked with the developer to design accommodations he’d need to live comfortably. He lives with Duchenne muscular dystrophy, an illness that progressively weakens muscles, and uses a motorized wheelchair to get around. To improve his quality of life, the developer installed wider […]
D.R. Horton agrees to pay fine for wetland damage from construction of Beulah subdivision (FL)
A month before the Escambia County Commission gave the green light for the home building company D.R. Horton to begin selling homes in the Preserve at Deer Run subdivision, at least one item was remaining on the county’s “punch list” of staff concerns with the plans for the subdivision: the stormwater ponds. Read the article………………………
Homeowners want some refund after builders win lawsuit (NC)
Thousands of new homes are built across our area every year and in the process, homebuilders pay cities and towns fees to install water and sewer systems. Some homebuilders felt they were paying too much so they sued and won, getting a lot of money back. Anchor Blaine Tolison went to Harrisburg where the mayor […]
Declarant Contracts, Including Easements, Can Be Voided (AZ)
Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues: The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered […]
Dove Canyon HOA Meets With William Lyons Homes About DCP (CA)
The series of meetings by William Lyon Homes (WLH) are required as part of the check list of items before they get to a proposal for their rezone. That includes the recent open house and the meeting last night with the Dove Canyon HOA. WLH does not own the property, but they have the right […]
Norwood condo developer owes buyers a bundle (OH)
In September 2016, Scott Byron Call claimed to be indigent. Twelve months later, he claimed to be capable of financing a $12 million condo project. “We have actually commitments to finish the first phase,” Call told Norwood Mayor Tom Williams in a Sept. 6, 2017 public hearing for Legacy Lofts…….But now Call’s history includes a […]
Developer Voting Rights: When Does it End in Ohio Condominiums?
Every condominium association is initially created by a developer who controls the association during the beginning of development. During that time, the developer operates the association, but also is in the business of selling homes. Because the developer will want to protect its investment, it will most likely make certain decisions with that interest in […]
Toxic mold a nightmare for contractors
Contractors can face liability claims for toxic mold in the structures they build. These claims can be expensive to remedy, but the homes and businesses may not be able to be occupied unless the mold is eradicated. As with most construction law disputes, it is far easier to prevent mold than to remove its source. […]
Homeowners in Brighton development on Erie Canal sue beleaguered Costello (NY)
The homeowners association at the Reserve filed suit against the developer this month, another step in the decline of the would-be exclusive development on the Erie Canal in Brighton. As the Democrat and Chronicle reported in October, the ambitious $180 million, 327-unit development has floundered after the death of developer Anthony Costello in March 2016. […]
Condo Terminations – What Are They and How Do They Work? (FL)
The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. […]
Greenville residents battle developer over century-old cedar trees near Mills Mill (SC)
Former U.S. President and conservationist Theodore Roosevelt once said, “To exist as a nation, to prosper as a state, to live as a people, we must have trees.” It’s a quote that rings true for Greenville resident Eric Brown, who is spearheading opposition to a developer’s plan to cut down a grove of century-old cedar […]
Some luxury condo developers add landing pads for flying cars (FL)
As the development of personal transportation drones advances, landing pads are emerging as the latest must-have amenity at condominiums for the wealthiest buyers. For example, three luxury condos will feature flying-car landing pads in Miami, where the 1 percent would be able to travel by air while the other 99 percent are stuck in the […]
Alabama Condo Complex Earns IBHS’ First-Ever Hurricane Gold Designation
Local developers in coastal Alabama that utilized Insurance Institute for Business & Home Safety’s (IBHS) FORTIFIED Commercial construction standards in the design of a coastal condominium complex and earned the first-ever FORTIFIED Commercial–Hurricane Gold. Read the article………………….
Legal Considerations for Condominium Deconversions in Chicago
With the demand for apartments in Chicago rising, many real estate developers have discovered a previously untapped supply of potential acquisition targets — residential condominium buildings. This includes older condominium properties plagued by large deferred maintenance obligations and stagnating or declining unit sales prices. Read the article…………….
Peter Hunt, Amherst condo company fined $104,000 over leaky pipes (NY)
Hunt Real Estate Corp. CEO Peter F. Hunt and an Amherst condominium development he sponsored have agreed to pay $104,300 to the development’s condo association for failing to disclose pipe leaks and corrosion to homebuyers. The payments by Hunt and Fisher Homes will cover the cost of replacing the damaged pipes that remain and will […]
Condo owners in Little Havana band together to list building as dev site (FL)
In an unusual twist, the owners at an aging condo building in Little Havana have banded together to list their property as a redevelopment site. Norman Smith of Weichert Realtors Best Beach Real Estate is representing the 16 owners at Habana Condo at 424 Southwest Seventh Street in Miami. The 16,000-square foot building includes 18 […]
River City saga highlights complexities, popularity of condo deconversions (IL)
Anyone who has bought or sold a home knows the legal land mines, financial obstacles and emotions that can gum up a deal. Now, imagine trying to buy a building made up of hundreds of individual homeowners, all with their own unique financial situations and their own levels of attachment to their homes. Read […]
VennPoint pays $19M for suburban condo complex in latest deconversion (IL)
VennPoint Real Estate bought the Darlington Court condominium complex in Crystal Lake for $19 million, with plans for the latest Chicago-area condo deconversion. The Chicago-based firm will convert the 235-unit property into apartments, according to VennPoint’s Jake Gantz. Read the article………………
Nashville’s first prefab condo complex opens on industrial hill (TN)
Sam Blackman recently moved into a new home overlooking The Fairgrounds Nashville in the city’s first prefab condo complex, Alloy on Tech Hill. Modern and pristine, the studio off Nolensville Pike looks nearly identical to new apartments built from the ground up in the heart of trendy neighboring Wedgewood-Houston. But it was crafted on an […]
Homebuilder HHHunt appeals to state Supreme Court in legal battle with Henrico (VA)
Months after a local court dashed its hopes of connecting a Henrico County neighborhood to one proposed in Hanover County, a homebuilder is asking the state’s highest court to intervene. HHHunt Communities on Monday filed a petition for appeal with the Supreme Court of Virginia challenging a decision by the Henrico Circuit Court in a […]
The world’s first “high-tech eco village” will reinvent suburbs
A half-hour commute from Amsterdam, a piece of farmland is slated to become a new kind of neighborhood. Vertical farms, along with traditional fields and orchards surrounding homes, will supply food to people living there. Food waste will turn into fish feed for on-site aquaculture. Houses will filter rainwater, but won’t have driveways. A “village […]
Kushner Companies hit with $10M lawsuit over Williamsburg condo conversion (NY)
The Cuomo administration has directed its tenant protection unit to investigate the allegations of tenant harassment at Austin Nichols House. “Governor Cuomo has zero tolerance for tenant abuse of any kind and we will aggressively take on landlords who try to intimidate people out of their homes,” said RuthAnne Visnauskas, the Commissioner of the New […]
A Little Good Will Can Avoid a Lot of Grief for Condominium Developers
Condo developments have three phases, equivalent in the minds of many developers to the “stages of grief” that describe the mourning process. There is no question that construction glitches, quarrelsome owners, litigation, or the threat of it, that plague some projects can make many developers mourn their career choice. But the development process doesn’t have […]
New Developments and HOAs
These days most – if not all – of the new housing developments in Southern California are governed by a homeowners association. Establishing an HOA is one of the ways that developers aim to maintain the success of the community and preserve property values in the future. But how can an HOA meet the needs […]
Redeveloping Golf Courses into Home Sites – Not Quite a Hole-in-One (FL)
Golf course communities are a fact of life in south Florida. But what happens when the course becomes too expensive to maintain? Sometimes, what started out as a voluntary club membership becomes mandatory for new owners. This can have obvious negative effects on sales due to the added expenses of the mandatory club membership. To […]
Condo board at South Loop high-rise suing Kenny Construction, alleging shoddy work
In 2016, the condo association for a South Loop 34-story high-rise sued Kenny Construction, alleging shoddy plumbing work that was performed when the building was constructed led to severe water damage. Now, the ACE American Insurance Company is filing a lawsuit of its own, claiming in federal court that it shouldn’t be on the hook […]
Condo Developers Use Techy New Weapons In The Amenity Arms Race
As developers at the top end of the residential market know all too well, amenities can often make the difference in courting the small demographic that can afford the most extravagant residences. The result is an arms race among building owners to provide truly unique services and offerings — in this day and age that […]
Privé developers to collect $21.6M settlement, ending legal battle (FL)
Developers of the completed Privé at Island Estates have agreed to collect a $21.6 million settlement from the Williams Island Property Owners Association, ending years of litigation over the construction of the luxury two-tower condo complex in Aventura. Read the article…………….