News & Analysis as of

Negligence › Homeowners Association (HOA)

White and Williams LLP

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

White and Williams LLP on

In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

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Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

Snell & Wilmer

Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders

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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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

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Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Troutman Pepper Locke

Emerging Issues in Planned Community and Condominium Disputes

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From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’...more

Ward and Smith, P.A.

Who Is Responsible For That Fallen Tree?

Ward and Smith, P.A. on

In the aftermath of Hurricane Matthew many of us are dealing with damage caused by fallen trees. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners...more

Lowndes

Homeowners' Associations Could Face Liability for Bear Attacks

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It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and...more

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