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Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

by Lawrence Szabo, Esq. | May 8, 2015 | Case Decisions, Construction Defects, Dispute Resolution

Colorado Appellate Court decision (May 7, 2015). This case was an action seeking damages for construction defects that was filed by a condominium homeowners association (“Association”) against the project’s original developer / declarant who...
Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

Michigan Ct. Says HOA Assessment to Fund Construction Defect Litigation was Invalid

by Lawrence Szabo, Esq. | Mar 26, 2015 | Case Decisions, Construction Defects, Finances

UNPUBLISHED Michigan Appellate decision (March 24 2015) This case involved a dispute between a homeowners association (“Association”) and husband and wife owners of a condominium (“Owners”) over the validity of a $3,000 assessment levied on all owners to fund a...
Homeowners Can Employ Derivative Actions When Their Board Refuses to Pursue Claims

Homeowners Can Employ Derivative Actions When Their Board Refuses to Pursue Claims

by Lawrence Szabo, Esq. | Mar 1, 2015 | Construction Defects

Frequently homeowners in common interest developments that are controlled by homeowners associations find that their board of directors is unwilling to take legal action that the homeowners want to have pursued. An area where this issue is often debated concerns...
Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

Iowa Sup Ct Rules Foreclosing Lender Cannot Sue Builder for Claims Based on Implied Warranty

by Lawrence Szabo, Esq. | Dec 16, 2014 | Case Decisions, Construction Defects, Ownership and Transfer of Interest

Iowa Supreme Court decision (December 12, 2014). In this case, a bank acquired title to an apartment complex by accepting a deed in lieu of foreclosure. The bank subsequently discovered that the property was mold-infested and filed suit against the builder of the...
HOAs Must Take Timely Action on Claims for Construction Defects

HOAs Must Take Timely Action on Claims for Construction Defects

by Lawrence Szabo, Esq. | Dec 8, 2014 | Construction Defects

Due to the nature of construction, it typically takes a significant period of time for property owners and users to become aware of problems and conditions that may be related to defects in design, materials and/or workmanship related to the original construction of...
Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

Oregon Ct. Says HOA Had Six Years from Discovery to File Action for Construction Defects

by Lawrence Szabo, Esq. | Oct 31, 2014 | Case Decisions, Construction Defects

A homeowners association brought suit against the original developer and general contractor for damages resulting from alleged faulty construction. The homeowners association alleged claims based on theories of negligence during the construction of the condominiums,...
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