News & Analysis as of

Condominiums

Ward and Smith, P.A.

How to Amend HOA Bylaws and Covenants in North Carolina

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Their governing documents, specifically the Declaration of Covenants, Conditions, and Restrictions (commonly called CC&Rs, covenants, or the declaration), and Bylaws, establish the legal and operational framework for how a...more

Winstead PC

Colorado American Dream Act: Condominium Construction Defect Procedures

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Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill...more

MG+M The Law Firm

MA Appeals Court to Weigh New Construction Defect Claims Under Statute of Repose

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An appeal being filed with the Massachusetts Appeals Court (Appeals Court) involving construction defects alleged against a condominium developer has the potential to impact construction and design professionals. As a result...more

Whiteford

Client Alert: The Myth of "Unit-to-Unit" Issues in Condominiums

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When a pipe bursts in a single-family home, the fallout is typically confined to the owner, the insurer, and perhaps the plumber. In a condominium, that identical pipe failure can set off a chain reaction of obligations that...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest September 2025

Welcome to the September 2025 edition of MHH's Condo/Co-op Digest. We hope our readers enjoyed their August holidays as much as we did and that all of their summer capital improvement projects are all underway and on...more

Wiley Rein LLP

Court Finds Class Action Lawsuits Regarding Rental Management Programs to Constitute “Related Claims”

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The United States District Court for the District of Montana, applying Montana law, has held that two class-action lawsuits regarding rental management agreements filed during different policy periods were “Related Claims”...more

Sands Anderson PC

Three Critical Mistakes Developers Make That Can Derail a Residential Development Project

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Residential real estate development is a high-stakes business. Managing financing, construction timelines, local approvals, and ultimate sales can lead even experienced developers to overlook critical details that may have...more

MG+M The Law Firm

Surfside Condominium Collapse: Is There a Path Forward to Mitigate Risk of Catastrophe? - UPDATED August 2025

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David Hatem explores the response to tragic events such as the Surfside Condominium collapse in June 2021 should not be finding more parties to sue or defenses to establish, but to develop constructive initiatives and...more

Whiteford

Client Alert: Changes to the Virginia Ombudsman Complaint Regulations

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The Common Interest Community Board amended the Complaint Regulations effective August 1, 2025. These regulatory changes pertain to those circumstances where a person files a complaint against an association as the first step...more

Bennett Jones LLP

Reminder to Developers: Ongoing Obligations Under CSAIR and REDMA

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Real estate developers in British Columbia are reminded of their continuing obligations pursuant to Part 2.1 of the British Columbia Real Estate Development Marketing Act (REDMA) in respect of the Condo and Strata Assignment...more

Stark & Stark

Knowing the Difference Between Money Judgment Actions and Foreclosures

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Condominium Associations and Homeowner Associations are often faced with delinquencies that negatively impact their financial stability. Determining the best method of collection is crucial to recovering fees due to the...more

Lathrop GPM

Colorado’s Multifamily Construction Incentive Program: What Builders and Developers Need to Know

Lathrop GPM on

On May 12, 2025, Colorado Governor Jared Polis signed into law House Bill 25-1272, creating the Multifamily Construction Incentive Program (MCIP), a voluntary, opt-in framework aimed at encouraging the construction of...more

Lowndes

A Deeper Dive into Florida’s Statutory Definition of “Land” and Advanced Structuring Techniques

Lowndes on

Sequel to Land Condominiums: A Powerful Tool for Accelerated Development and Financing Flexibility - The enthusiastic feedback we received on our overview article confirmed a widespread appetite for drilling further into...more

Whiteford

Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations...

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For community associations, few issues require more careful balancing of the individual rights of owners and the collective community interests than accommodation requests for emotional support animals (“ESA”). Under the...more

Bilzin Sumberg

Par for the Course: Third District Court of Appeal Sets Condos Further Back with Revised Biscayne 21 Opinion

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​​​​​​​On July 10, 2025, the Third District Court of Appeal issued a revised opinion in Avila v. Biscayne 21 Condominium, Inc. The revised opinion comes almost a year and a half after the Court's initial ruling, which...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (July 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Lowndes

Forget Condos - Build Communities of Passion: How Developers Can Tap Lifestyle-Driven Real Estate

Lowndes on

Psst... dreaming of a condo community built around your passion? Cars, art, food, gaming, something totally wild? We’re running a fun, unscientific survey to gather ideas and inspiration. Curious?...more

BakerHostetler

New Case Could Imperil Common Florida Condo Rule

BakerHostetler on

Condominium associations have long had the power to adopt reasonable rules and regulations in order to govern their unit owners in an orderly fashion. However, a new ruling from a Florida court threatens to upend one...more

Herbert Smith Freehills Kramer

Tax Reform Update: Senate Bill Includes Key Win for Condominium Developers

On July 1, the Senate’s version of the “One Big Beautiful Bill” passed the Senate. Such bill included a new provision (not in the House bill) that would provide significant tax relief to condominium developers. The bill...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Condo Law Reform - What Florida’s HB 913 Means for Associations and Owners

In the wake of the 2021 Surfside Condominium collapse, Florida lawmakers enacted sweeping reforms to enhance safety, transparency, and accountability within condominiums and cooperatives. Most recently, Florida House Bill 913...more

Winstead PC

[Webinar] HOA Law Live: 2025 Legislative Update - July 15th, 12:00 pm - 1:00 pm CST

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Join us for a live webinar as Winstead attorney Teddy Holtz discusses new laws passed in the 2025 Texas Legislative Session. We will summarize important changes impacting Texas Homeowners' Associations and Condominium Owners'...more

Sands Anderson PC

Virginia Real Estate Law Updates for 2025

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Effective July 1, 2025, Virginia is implementing several key changes affecting real estate transactions, land use approvals, local governance, and secured lending. Below is a comprehensive overview of what’s changing – and...more

Littler

Supreme Court of Puerto Rico Addressed the Legal Framework of Deference to Administrative Agencies

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On May 21, 2025, the Supreme Court of Puerto Rico had the opportunity to address the judicial deference that was traditionally given to administrative decisions. In Vázquez v. Consejo de Titulares, 215 D.P.R. ___, 2025 TSPR...more

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

Whiteford on

Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

Bilzin Sumberg

Navigating HB 913: Key Updates for Post-Surfside Legislation, Nonresidential Condos, and Mixed-Use Buildings

Bilzin Sumberg on

Changes to the Florida Condominium Act have become as inevitable as death and taxes. Each year there seems to be a new "condo bill." This year’s sampling, HB 913, is another comprehensive bill that also impacts property...more

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