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Real Estate Development Homeowners Association (HOA)

DarrowEverett LLP

Aging Florida Condos Provide Developers With Strategic Opportunities

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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

Lowndes

Florida Condo Reform Bill Moves to Governor’s Desk

Lowndes on

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

Otten Johnson Robinson Neff + Ragonetti PC

HB 25-1272: What Colorado Developers Need to Know About the State’s New Construction Defect Law

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

Winstead PC

An Unanticipated Complication of Investing in SFR: Investors Sometimes End Up Being HOA Managers

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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

Whiteford

Client Alert: D.C. Electric Vehicle Charging Station Law (“Right to Charge”)

Whiteford on

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

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (January 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

Adams & Reese

Louisiana’s Planned Community Act Provides Clarity and Modern Legal Framework for Real Estate Development

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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

Lowndes

Smooth Transitions: HOA Turnover Tips for Florida Developers

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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

K&L Gates LLP

New Illinois Laws for 2024 Affecting Real Estate

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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

Stoel Rives -  Ahead of Schedule

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

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

Miles Mediation & Arbitration

The Ties That Bind — Like it or Not: A Primer on Homeowners’ Associations in Florida

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

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

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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

Downs Rachlin Martin PLLC

How do you Create a Condominium or Planned Community in Vermont?

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

Ward and Smith, P.A.

Leaving the Nest: Healthy Community Association Transition

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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

Ward and Smith, P.A.

Best Practices For Homeowner Association Directors and Boards

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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

Ward and Smith, P.A.

Installation and Use of Solar Power Systems in North Carolina

Ward and Smith, P.A. on

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

K&L Gates LLP

New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners' Associations

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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

Winstead PC

5 Things Your Governance Documents Should Contain, and Probably Don’t

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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

Patton Sullivan Brodehl LLP

HOAs vs. ADUs

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

Winstead PC

2021 Texas Legislative Update: Issues Affecting Master-Planned Community & Condominium Developers and Developer-Controlled...

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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

Stoel Rives LLP

Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction...

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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

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

Ward and Smith, P.A.

Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed

Ward and Smith, P.A. on

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

Brownstein Hyatt Farber Schreck

Careless Errors Under CCIOA: Who Creates the Community?

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

Ward and Smith, P.A.

The Role of the Community Association Attorney

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People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community. But at their best,...more

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