Summary A single warranty date applies to each condominium building in a development. Meaning that each unit does not have its own warranty date, and units in different buildings will likely have different warranty dates, unless they happen to be completed on the same date. The Facts Village Lofts Condominium Association consisted of two buildings: […]
Investigate for Hidden Defects at Turnover or Pay the Price Read More »
Facts David Bagwell was the developer of three homeowners’ associations (HOAs). David and his wife Susan (the Bagwells), acted as directors of each of the HOAs. Sister Initiative, LLC (the LLC) loaned money to the HOAs and was owned by Bagwells’ daughters. Susan Bagwell was the manager of the LLC. The Bagwells also owned several
Association NOT Liable for Loans Made By Developer Related Entity Read More »
Developers of condominium communities and HOAs often reserve access easement rights within the Declaration/Deed Restrictions for the subdivision, especially when the Developer owns yet-undeveloped neighboring property. But what happens if the Developer forgets to reserve such easement rights specifically within the Declaration or Deed Restrictions? A recent case explores this dilemma, and at least in
HOAs Unite! Developer’s Easement Rights are Not Never-Ending Read More »
Now that the developer has turned over control to the condominium association and HOA owners, what happens next? Learn in this Vlog in less than a minute. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert and click
Association/Developer Post-Turnover Process in Less Than 1 Minute Read More »
Problem & Facts The association’s detention pond overflowed causing damages to property downhill from the pond. The developer built the detention pond in 2007. The owner of the downhill property (who bought in 2012) sued the association in 2013 for damages in excess of $300,000. (Kowalski v. TOA PA V, L.P. and Traditions of Amercia
Why You Must Hire an Engineer at Turnover Read More »
The developer has not turned over your association but should have or the developer is about to turn over the association, but has not told you what that means. This Vlog will tell you what you need to know in 60 seconds. Want to learn more about Wisconsin condominium and HOA law from experienced condo
Association/Developer Turnover Process in Less Than 1 Minute Read More »
Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers. This is nothing new. But when a Homeowners Association puts it foot down, who will end up on top? It depends on how all the sections in the Declaration read together, and as this case
Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA Read More »
Facts Developer subjected property to the condominium act in Massachusetts in 2008. By the terms of the deed, it included all the “land and improvements at the property…” There were to be six wings and up to 109 units built over a period of seven years. When the deed was recorded, 33 units had already
Facts Seaside is an 80-acre development in Florida. In the 1980’s the developer recorded declarations for nine separate neighborhood associations. The language in each of the declarations are identical, providing the association with “the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or
Association Can Assign Enforcement Authority to a Manager Read More »
