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Condominiums Condominium Act

Woods Rogers

The Virginia Condominium Act Turns 50

Woods Rogers on

While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on...more

Lasher Holzapfel Sperry & Ebberson PLLC

HOAs and Special Assessments: What to Know

If you have considered living in or currently live in a community with a homeowners’ association (commonly referred to as an HOA) such as a condominium or complex of townhomes, you have likely heard of special assessments....more

Bilzin Sumberg

Time to Pay the Piper: New Mandatory Reserve Requirements for Florida Condominiums

Bilzin Sumberg on

Florida law requires every condominium’s annual budget to include both operating expenses and reserves for capital expenditures and deferred maintenance. Operating expenses are those incurred during the day-to-day operations...more

Bilzin Sumberg

Senate Bill 4-D And The Champlain Towers South Disaster: A Problem In Response To A Problem

Bilzin Sumberg on

On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in Surfside partially collapsed overnight leaving 98 people dead and the surviving residents without a...more

Baker Donelson

Proposed Bill Relating To the Period of Developer Control Passes the House But Does Not Reach the Floor In the Senate

Baker Donelson on

A bill that proposed significant changes to the Maryland Condominium Act, as well as the Maryland Homeowner Association Act, concerning the period during which the developer is in control of the council of unit owners or the...more

Ward and Smith, P.A.

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

Ward and Smith, P.A. on

The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...more

Baker Donelson

Amendment To The Condominium Act Establishes 60-Day Period For Holders of Mortgages And Deeds Of Trust To Object To Amendments

Baker Donelson on

An amendment to Section 11-103 of the Maryland Condominium Act, adopted by the General Assembly during 2020 legislative session, clarifies the procedures for obtaining the consent of the holders of mortgages and deeds of...more

Blake, Cassels & Graydon LLP

Bill 16 Establishes Deposit Protection for Condo Unit Buyers

Stories where an aborted new condominium project resulted in unit buyers losing their deposits are still all too common. On December 6, 2019, the National Assembly of Quebec adopted Bill 16 entitled An Act mainly to...more

Baker Donelson

Proposed Bill Would Prohibit Limitations On Disclosures Of Agreements To Unit Owners

Baker Donelson on

Legislation now pending in the Maryland House of Delegates would prohibit condominium boards from withholding legal agreements from unit owners, and would prevent developers from including provisions in the governing...more

Baker Donelson

Proposed House Bill Would Clarify Procedures for Mortgage Holder Approval of Amendments

Baker Donelson on

Legislation being introduced in the 2020 session of the Maryland General Assembly would require holders a mortgage or deed of trust on a condominium unit to provide a written objection in writing to a proposed amendment to...more

Ballard Spahr LLP

Virginia Developers Should Review Their Transactional Documents In Light Of Revisions To Commonwealth’s Title 55, Condominium Act

Ballard Spahr LLP on

Effective October 1, Virginia will recodify several laws related to conveyance of real estate and rental property, settlement and recordation of real estate, and common interest communities, including condominiums, HOAs, and...more

Baker Donelson

Maryland House of Delegates Considers Bill Regarding Percentage Required For Amending Bylaws

Baker Donelson on

Legislation pending in the Maryland House of Delegates seeks to supplement a prior revision that applied the percentage required for approval of amendments of condominium bylaws to only the number of unit owners “in good...more

Baker Donelson

Maryland General Assembly Considers Two Bills That Expand the Condominium Common Element Implied Warranty

Baker Donelson on

House Bill 069 and Senate Bill 379, now pending in the Maryland General Assembly, would apply the condominium implied warranty from a developer to all common elements, and not just those enumerated in the statute, along with...more

Ward and Smith, P.A.

They Are Taking Our Common Area!

Ward and Smith, P.A. on

The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose....more

Adler Pollock & Sheehan P.C.

The Rhode Island Condominium Act And Unit Owner Unanimity: Intra-Condominium Litigation Waiting To Happen

Both Condominium board members and unit owners should be mindful of limitations placed on them via the Rhode Island Condominium Act through requirements that unanimous unit owner approval be obtained before a condominium’s...more

Baker Donelson

Condominium Resale Disclosure Requirements – Be Sure You Have the Most Recent Version of Section 11-135

Baker Donelson on

As I have previously written, the information contained in condominium resale disclosure certificates must be carefully reviewed for accuracy, so as to avoid exposing the community to liability for misleading information that...more

Winstead PC

Leasehold Condominiums

Winstead PC on

Prior to the approval of the Uniform Condominium Act by the Uniform Law Commission in 1977, few state condominium enabling statutes included specific provisions on submission of a leasehold interest to the condominium form of...more

Baker Donelson

Governor Approves Bill To Permit Suspension of Use of Facilities By Condo Owner Who Is Delinquent In Paying Assessments

Baker Donelson on

Governor Larry Hogan has signed into law House Bill 575, which permits a condominium declaration to provide for the suspension of the use of parking or recreational facility common elements by a unit owner who is more that...more

Baker Donelson

Governor Hogan Approves New Law Preventing Developers From Limiting Condo Owners’ Rights of Action for Construction Defects

Baker Donelson on

Maryland Governor Larry Hogan has approved a new law intended to prevent condominium developers from including provisions in the project’s governing documents and sales contracts that limit the ability of the unit owners to...more

Baker Donelson

Proposed Legislation Would Require Condo Developers To Provide a Reserve Study and Reserve Account

Baker Donelson on

House Bill 997 in the Maryland General Assembly would require a developer, upon transfer of control of the project, to provide the council of unit owners with a reserve study prepared by a “certified” engineer. The bill...more

Baker Donelson

Maryland House of Delegates Passes Legislation Allowing Suspension of Use of Common Elements for Delinquent Accounts

Baker Donelson on

The House of Delegates of the Maryland General Assembly has passed legislation that authorizes a condominium declaration to provide for the suspension of the use of parking or recreational facility common elements by a unit...more

Bradley Arant Boult Cummings LLP

Is a Foreclosure Crisis Looming in Our Nation’s Capital?

The District of Columbia Court of Appeals recently sent a new set of shockwaves through the mortgage industry in the nation’s capital when it released its decision in Andrea Liu v. U.S. Bank National Association. Having held...more

Saul Ewing LLP

Controversial Amendments to The Illinois Condominium Property Act are Under Attack at Both State and Local Levels

Saul Ewing LLP on

Changes to Section 19 of the Illinois Condominium Property Act that took effect on January 1, 2018 require that associations include every unit owner’s email address and phone number on the unit owner contact list that is...more

Goulston & Storrs PC

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

Goulston & Storrs PC on

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

Schwabe, Williamson & Wyatt PC

Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in...more

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