New Associations

Developer

  • 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 out to the trial court.   Read the article…………………………….
  • 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 nationwide as investors and developers increasingly turned toward building apartments instead.   Read the article…………………………….
  • 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…………………………….

Developer Article Archives

Transition

  • Timber Springs neighbors protest creation of homeowners association, say HOA was unwelcome surprise (TN)
    When Ken Baker purchased his home in Timber Springs in 2022, he was glad to see there would be no homeowner’s association. As he signed to purchase the home, he said, an HOA was never mentioned, verbally or contractually.  But a year later, in February 2023, Baker got a letter in the mail saying a meeting would be held to turn over an HOA from the developer to the residents of Timber Springs. He and several neighbors were caught off guard.  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 future and ensuring its smooth operation. To help you and your community begin this process, here is a quick overview of the key information about community association transitions in New Jersey:     Read the article…………………………….
  • 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,   Read the article…………………………….
  • Community Association Transition Litigation and the Selection of Experts
    In the realm of civil litigation, the involvement of “experts” can make or break a case. An expert is a qualified individual with specialized knowledge, skill, training, education, or experience in a particular field relevant to the issues at hand in the case. These experts are called upon to provide their professional opinions, analyses, or interpretations on complex or technical matters that are beyond the understanding of the average person or the typical juror.   Read the article………………………..

Transition Article Archives

 

Buying/Selling

  • What’s an HOA and do you have to join? What Texas law says about homeowners associations
    Did you recently purchase your first home? Congratulations.  Owning a home is a big responsibility, and it can be more burdensome if your new neighborhood is part of a homeowner association and you’re not familiar with the association’s laws and regulations.  Here’s what you need to know.   Read the article…………………………….
  • Florida real estate struggles as ‘motivated’ sellers flood market
    According to Redfin, the median time a Florida home spent on the market was 57 days in March. Two years earlier, that time span was just 24 days.  “It’s also coming at a time when HOA (homeowner association) fees are going up and insurance costs are going up, and people don’t want to pay these higher property taxes,” Fairweather said. “More new listings are coming on the market right now, too.”   Read the article…………………………….
  • 4 things to look for in a Florida condo association
    When looking for a condominium, it’s not enough to scout the property. You should also look closely into the Condominium Owners Association (COA) because it’s in charge of security, trash pickup and other property matters. The COA would also require condo owners to become members of the association.   Read the article…………………………….
  • HOA Q&A: Is a ‘capital contribution’ of hundreds of dollars charged to new owners legal? (FL)
    Q: The board of my condo association, which has over 400 units, has been charging and collecting a fee of around $900 from all new owners when they buy a unit and the fee is categorized as a “capital contribution.” Is such a capital contribution allowed under the Florida Condominium Act?    Read the Q&A………………………………..
  • Estoppel Certificates’ and Other Disclosures Explained (FL)
    Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d like to know whether it also covers any rule violations or possibly any other disclosures that I should be aware of before selling the unit.   Read the Q&A………………………………..

Buying & Selling in a Community Association Archives