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

Colorado mayors, builders still hope to curtail construction defect litigation

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

Colorado: DR Horton loses another lawsuit, construction defect reform bill advances

By Deborah Goonan, Independent American Communities   One HOA in The Conservatory neighborhood of Aurora was recently awarded $13.5 million in arbitration with D.R. Horton. The construction defect claim was for reconstruction of a groundwater underdrain system that has caused basement flooding in the past. D.R. Horton had refused to repair the drainage system, leading to the HOA’s decision to file a lawsuit.   Aurora HOA wins $13.5 million award in dispute with Texas homebuilder Continue ReadingColorado: DR Horton loses another lawsuit, construction defect reform bill advances

Recent amendment to Michigan HOA bill prevents suing developer for construction defects

By Deborah Goonan, Independent American Communities Who should have the power to decide whether or not to pursue litigation against a condominium developer for defective construction of common property: the condominium association’s board of directors or the entire membership, based upon a two-thirds vote of approval? That is the crucial question currently under consideration by the Michigan Legislature.  House Bill 4919, introduced in 2015 by Klint Kesto, was intended to ensure that a condominium board Continue ReadingRecent amendment to Michigan HOA bill prevents suing developer for construction defects