Assessments, Condos vs. Town Homes
California’s Assembly Bill 130 (“AB 130”), enacted June 30, 2025, introduces significant amendments to the Davis‑Stirling Common Interest Development Act (“Davis-Stirling”), specifically affecting enforcement provisions under...more
In the wake of the 2021 Surfside condominium collapse, Florida enacted sweeping changes that affect condominium governance, structural maintenance requirements, and reserve funding obligations. These changes have not only...more
On Wednesday, June 18, 2025, at 1:20 PM, CS/CS/HB 913 – a major piece of legislation addressing condominium association governance, management, and structural safety – was signed by legislative officers and formally presented...more
On May 12, 2025, Governor Jared Polis signed House Bill 25-1272 (“HB 25-1272“) into law. This act, known as the Colorado American Dream Act, seeks to address a key barrier to the construction of entry level condominiums and...more
Build-to-Rent (“BTR”) is a subsector of Single Family Rentals (“SFR”). As a subsector of SFR, BTR occupies a unique space within the U.S. residential rental market. The broader category of SFR includes scattered homes for...more
On or about March 6, 2025, DC Act 25-625, “Comprehensive Electric Vehicle Infrastructure Access, Readiness, and Sustainability Amendment Act of 2024” will go into effect after the Congressional Review Period ends. The law...more
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
From basic building restrictions to complex planned communities, Louisiana’s legal framework has struggled to keep pace with evolving market demands and homeowner expectations. Courts have wrestled with these evolving market...more
Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management...more
Illinois has passed a number of laws effective 1 January 2024 that impact commercial real estate and development. These new laws range from new requirements for residential landlords, first of its kind electric vehicle...more
Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One...more
Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more
In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities. As we explained, condominiums and planned communities are types of common interest...more
North Carolina Community associations are typically developed by private developers that plan the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community...more
Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association. Community associations are governed by a board of directors,...more
If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so. But, can an HOA...more
Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative...more
The Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community. In our experience, we have noticed that many...more
Accessory dwelling units (ADUs) have become popular during the run up in California real estate values. ADUs have been touted for several benefits, including increasing housing supply, creating affordable housing options,...more
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have...more
Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more
The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the...more
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more
When it comes to the creation of common interest communities in Colorado, ambiguities in state law could mean serious liability risks for developers, builders and homeowners’ associations. The Colorado Common Interest...more