Kolter, a luxury condo developer, being sued AGAIN for construction defects

  By Deborah Goonan, Independent American Communities   You would expect high quality construction of condos selling for $600,000 to $1 million. But for the second time in two years, luxury condo developer Kolter Group is being sued by a condo association for numerous, serious construction defects. In 2016, Kolter Group agreed to a $22.5 million settlement for San Matera The Gardens Condominium Association in Palm Beach. Owners had been dealing with leaky condos and Continue ReadingKolter, a luxury condo developer, being sued AGAIN for construction defects

California legislative updates: HOA election reform and more (Oct. 2019)

By Deborah Goonan, Independent American Communities debgoonan@icloud.com This year Governor Newsom signed an important HOA Election Reform bill that will change the HOA election process “by ensuring that HOA members are not disenfranchised,” according to Senator Bob Wieckowski [D-Fremont]. The new law makes several changes to the Davis Stirling Act, and applies to all common interest communities in the state of California. For starters, all association-governed communities are now required to hold an election at least Continue ReadingCalifornia legislative updates: HOA election reform and more (Oct. 2019)

IL condo owner board alleges fraud, failure to disclose construction defects

By Deborah Goonan, Independent American Communities I have said it before, and I will say it again. Modern association-governed communities are created by and for real estate developers and their affiliated investor stakeholders. Not only are the governing documents written to the clear legal and economic advantage of the Declarant, but state laws also enable a developer to control the association for several years – or many years – by appointing board members. And when Continue ReadingIL condo owner board alleges fraud, failure to disclose construction defects

MA: Important legal victory for condo homeowners dealing with shoddy construction

Developers cannot shield themselves from liability for construction defects by limiting right to sue   By Deborah Goonan, Independent American Communities   For the past several years, I have written dozens of posts about construction defect claims brought by homeowners and condo associations. Many IAC posts highlight the fact that developers and home builders attempt to avoid taking responsibility for shoddy construction, forcing homeowners and leaders of association-governed communities to bear considerable hardship and financial Continue ReadingMA: Important legal victory for condo homeowners dealing with shoddy construction