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
By Deborah Goonan, Independent American Communities Yesterday I wrote about efforts to enact consumer friendly legislation for homeowners in HOAs in Michigan, and efforts by industry trade groups representing home builders, including Community Associations Institute, to neutralize or kill the bill entirely. Michigan HB 4919 was originally drafted to prevent developers from writing anti-litigation provisions into condominium association governing documents. Specifically, the bill aimed to void any governing document requirement for a two-thirds vote of all Continue ReadingColorado mayors, builders still hope to curtail construction defect litigation
By Deborah Goonan, Independent American Communities J Have you noticed a pattern with widely publicized media reports of construction defect settlements? They almost always seem to involve high end condo associations, with owners that can afford to hire the best attorneys to go up against prominent developers and architecture firms. Settlements in the millions create good publicity for construction defect attorneys, after all. But what about owners of modest means, or low-income owners of affordable Continue ReadingA tale of two HOAs plagued by construction defects
CO Supreme Court decision may please home builders, but can home buyers count on safe, well-built homes? By Deborah Goonan, Independent American Communities A recent Supreme Court decision in Colorado proves, once again, that stakeholders in the real estate industry such as developers and home builders, hold an unfair legal advantage over homeowners. The fix was in when governing documents for Vallagio at Inverness Residential Condo Association’s were created by Metropolitan Homes, Inc. – Continue ReadingDoes court victory for home builders create more risk for condo owners?