David H. Fisk | Kane Russell Coleman & Logan PC | September 10, 2015 Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code.… Continue reading #6 – New Texas Statute Affecting Condominium Construction Defect Claims
Tag: hoa
#8 – Release Records from HOA Fraud Case
Las Vegas Review Journal | December 21, 2015 After a decade of investigating and prosecuting homeowner association fraud and corruption in Las Vegas, the Justice Department has something to hide. Likely lots to hide. Why else would federal attorneys insist on preserving protective orders on evidence in a case long wrapped up and topped with… Continue reading #8 – Release Records from HOA Fraud Case
#11 – Defense Victory in Breach of Fiduciary Duty
Beverly Bevenflorez | Construction Defect Journal | February 26, 2015 Earlier this month, Scott Calkins and Anthony Gaeta of Collinsworth, Specht, Calkins & Giampaoli, LLP obtained a defense verdict in a breach of fiduciary duty action involving a high-rise condominium in downtown San Diego, California. The Association asked for excess of over $3 million, however,… Continue reading #11 – Defense Victory in Breach of Fiduciary Duty
The Jury is Still Out On The Effectiveness Of The “Calderon Process”
Kevin Collins and Walter Dauterman | Litigation Advocates | September 18, 2014 The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction defect disputes. The Calderon Process requires a homeowners’ association (“HOA”) to notify… Continue reading The Jury is Still Out On The Effectiveness Of The “Calderon Process”
HOA does not Own Cause of Action for Alleged Solar Heat-Gain-Related Defects
Gregory T. Hanson | Gordon & Rees LLP | October 21, 2014 Over six years following the plaintiff HOA’s initial 2008 construction and design defect complaint, Beacon Residential v. Catellus Third and King, LLC, et al. continues to generate new law and to address legal issues of import and interest to those in the construction defect community.… Continue reading HOA does not Own Cause of Action for Alleged Solar Heat-Gain-Related Defects