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Community Associations Network
- March 22, 2016
57 views 33 sec

Once all of the necessary parties have been added to the proceeding and some basic discovery has been conducted, the Board will need to prepare for significant settlement discussions.  Up to this point, the Board likely knows there are significant defects but likely doesn’t have a real concrete understanding of what is causing the problem […]

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Community Associations Network
- March 8, 2016
48 views 22 sec

There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is.    Read the article…………

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FEATURED
Community Associations Network
- February 18, 2016
92 views 28 sec

Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less than six years after the association received the transition engineering report identifying construction defects.   Read […]

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FEATURED
Community Associations Network
- January 27, 2016
54 views 32 sec

The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to, water intrusion, peeling paint, staining, wood rot, cracking of stucco, concrete spalling, […]

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FEATURED
Community Associations Network
- May 13, 2015
41 views 38 sec

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found that some new homes — including those in very prestigious communities, with half-million dollar price […]

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FEATURED
Community Associations Network
- May 8, 2015
44 views 21 sec

The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder.   Read the article………..

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FEATURED
Community Associations Network
- March 27, 2015
45 views 38 sec

Earlier we wrote about a case that made architects none too happy – Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, Case No. A134542 (December 13, 2012) – in which the California Court of Appeals for the First District held that architects could be sued by a homeowner’s associations (“HOA”) and, by implication, […]

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FEATURED
Community Associations Network
- March 23, 2015
43 views 43 sec

Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their […]

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FEATURED
Community Associations Network
- March 19, 2015
70 views 15 min

I thought I had retired the “Arizoonie”.  This was originally an annual award I gave to the state that proposed the dumbest community association proposed law each year.  The nickname “Arizoonie” was given because Arizona continually won the award and that is also why I stopped giving it – the same state won every year. […]

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FEATURED
Community Associations Network
- March 17, 2015
45 views 33 sec

SB 15-177, Construction Defects, can provide relief for both homeowners and developers from costly and often reckless litigation. The bill can empower homeowners by requiring them to vote on and approve the use of HOA funds in litigation. However, the bill raises a few major red flags of concern that unless addressed will negate the […]

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