Jonathan Ebertshauser | CHDB Law It can be difficult to determine where the obligation to maintain, repair, replace, or insure starts and stops in an association where maintenance obligations cross over the boundaries of the property line. This is regularly the case in condominium associations where Owners may be responsible for the maintenance of Common… Continue reading The Maintenance Matrix- Have You Adopted One Yet?
Category: Home Owner Associations
Exempt Small Communities From HOA Requirements
Ann E. Stehling and Sarah Kellner | Davis Graham & Stubbs Summary SB24-021 Under current law, certain small communities are exempt from various requirements of the Colorado Common Interest Ownership Act (CCIOA), which governs the conduct of homeowners’ associations. SB24-021 would consolidate and amend the current exemptions, to state that a cooperative or planned community… Continue reading Exempt Small Communities From HOA Requirements
HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims
Andreea Custurea and Thomas Fama | Wood Smith henning & Berman In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner… Continue reading HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims
The Common Element Conundrum – When Common Elements Damage Unit Interiors
John S. Prisco | Stark & Stark One of the most frequent hot button issues in condominium communities, particularly those with multi-residential buildings, is whether or not the association will pay to repair damage to a unit’s interior stemming from a defect or issue, such as a water leak, in the common elements. A condominium… Continue reading The Common Element Conundrum – When Common Elements Damage Unit Interiors
Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
Garret Murai | California Construction Law Blog The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by… Continue reading Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable