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 […]
Declarant Contracts, Including Easements, can be Voided Read More »
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 »
Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing. Specifically, a developer (owner of the property and declarant of the association) with knowledge of construction defects can prevent the association and/or unit owners, after turnover, from potentially suing the contractor
In a recent case out of New York (Board of Mgrs. Of 325 Fifth Ave. Condominium v. Continental Residential Holdings LLC, 139 A.D.3rd 472 (2017)) a condominium board signed a broadly worded document, releasing the developer and multiple other developer-related entities and their “heirs, executors, administrators, successor and assigns” from claims associated with the construction
Thinking of Signing a Release? Do Your Homework Read More »
A Court in Colorado recently dealt with a developer who placed a provision in the declaration of a condominium association prohibiting amendment of the declaration – ever – without the declarant’s written consent, and requiring that all construction defect claims be resolved through arbitration (Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc.
Developers Sometimes Draft Documents for Their Own Benefit Read More »
Is your condominium or homeowners association currently controlled by the declarant/developer? Would you like to be prepared when the developer is ready to hand over the reins to you, the owners? In Wisconsin, developer turnover is governed by Section 703.15 of the Wisconsin Statutes. To ensure a seamless transition, there are certain steps associations should
Turnover – Considerations for your Condominium Board of Directors and Officers 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 »
Facts The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade they were riding along crossed a roadway. Mr. Schnurr fell off his bicycle and fractured his neck. He became a quadriplegic as a result of
Condominium Association Liable for Construction Defect it Had a Duty to Maintain 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 »
