Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?

Matthew Mues | Davis Wright Tremaine On July 23, 2023, changes to Washington’s construction defect notice statute, RCW 64.50.020, took effect. The new requirements apply to construction defect notices sent on behalf of condominium associations. But does the statute, as written, contain an error? RCW 64.50.020 was amended to impose an added requirement for claimants… Continue reading Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?

California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

Garrett A. Smee and Lawrence S. Zucker II | Haight Brown & Bonesteel On May 5, 2023, the California First District Court of Appeal, Division One, issued an opinion in Moses v. Roger-McKeever (A164405), holding that a condominium tenant owes no duty to a social guest using a walkway that leads to the unit. Eleanor Moses fell… Continue reading California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

Who Is The Declarant? And Why Does It Matter?

Samuel B. Franck | Ward and Smith The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium.  When the developer declares land to restrictions described in a “Declaration” for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the… Continue reading Who Is The Declarant? And Why Does It Matter?

Common Charges In Mixed Use Condominiums

Smith Gambrell & Russell | September 16, 2019 Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges. Determining common charges in buildings that are completely residential is typically straightforward — the board develops a budget and then divides the projected… Continue reading Common Charges In Mixed Use Condominiums

No Coverage for Sink Hole Loss

Tred R. Eyerly | Insurance Law Hawaii | May 13, 2019     The federal district court found there was no coverage under the commercial property policy for loss suffered by the insured condominium association due to a sink hole. Bahama Bay II Condo. Ass’n. v. Untied Nat’l Ins. Co., 2019 U.S. Dist. LEXIS 67487 (M.D.… Continue reading No Coverage for Sink Hole Loss

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