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Florida HOA Lawyer Blog

Published By Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A.

http://www.floridahoalawyerblog.com/

Jun 12
Delinquent Assessments and Short Sale Offers - A Quick Guide for Association

Delinquent Assessments and Short Sale Offers - A Quick Guide for Association

By Nicholas D. Siegfried Recently, short sales in South Florida have become a popular foreclosure alternative. In a short sale, the sales price is less than the amounts owed to creditors. Accordingly, the owner is required to negotiate a…
May 23
2013 Bank Foreclosure Trend

2013 Bank Foreclosure Trend

By Maryvel De Castro Valdes For the last several years, the state of Florida has been labeled as the foreclosure "hot spot" of the nation. In February, a report from RealtyTrac, a market research firm, reported that Palm Beach, Broward and…
May 9
Inspections, Work Logs Imperative to Protect Condominium Associations Against Defective Concrete Restoration Project

Inspections, Work Logs Imperative to Protect Condominium Associations Against Defective Concrete Restoration Project

By Daniel SalasConcrete restoration projects are unavoidable during the lifespan of every concrete building in South Florida. They are among the most expensive construction renovation projects that associations will be required to take on,…

Rank this Week: 1574

HindmanSanchez Law Blog

Covers Colorado community association law. By HindmanSanchez.

http://www.hindmansanchez.com/blog

Jun 13
Compilation, Audit or Review?

Compilation, Audit or Review?

April 15 may have come and gone for this year, but the decision of whether an association should have a financial compilation, audit or review done is something that many associations overlook. In a concise article, Gary Porter, CPA…
Jun 12
What’s on the 2014 Legislation Horizon for Associations??

What’s on the 2014 Legislation Horizon for Associations??

I can’t believe I’m already writing about what we might expect next year when we are just over a month after the closing of the 2013 legislation session. But, Colorado HOA Forum has already published its list of legislative…
Jun 3
Don’t Worry…Be Appy!

Don’t Worry…Be Appy!

You’re sitting in an annual meeting and someone has a CCIOA question on elections. You’re trying to find out about the new xeriscaping bill and how it will impact your association. You’re walking into a board meeting and…

Rank this Week: 1723

On Solid Ground: The Mirick Real…

On Solid Ground: The Mirick Real Estate Law Blog

Covers news and commentary on real estate development, environmental and construction law. By Mirick O'Connell.

http://mirickrealestatelawblog.com/

Jun 13
Massachusetts Zoning Overhaul Winding Its Way Through Legislature, Its Future Unclear

Massachusetts Zoning Overhaul Winding Its Way Through Legislature, Its Future Unclear

By David McCay and Brian Casaceli In an earlier post in February, we reported on House Bill 1859, “An Act Promoting the Planning and Development of Sustainable Communities.” The bill would make dramatic changes to…
May 29
Leasing and LEED: Things a Landlord Should Consider

Leasing and LEED: Things a Landlord Should Consider

As area businesses seek to “go green,” we are seeing an increasing interest in LEED (Leadership in Energy and Environmental Design) certified buildings. This raises important leasing issues for both landlords and…
May 21
Supreme Court To Weigh In: Is Your Forum Selection Clause Enforceable?

Supreme Court To Weigh In: Is Your Forum Selection Clause Enforceable?

The United States Supreme Court has taken the unusual step of choosing to weigh in on a construction dispute involving a Virginia forum selection clause. Forum selection clauses generally provide that disputes must be litigated in a…

Rank this Week: 1693

Seattle Condominium and Homeowners…

Seattle Condominium and Homeowners Association Attorney

Provides practical insights for community association board members in the Puget Sound area. By Kevin L. Britt.

http://seattlecondoattorney.blogspot.com/

May 31
Court Invalidates Restriction on Dues Increases in Association's Bylaw

Court Invalidates Restriction on Dues Increases in Association's Bylaw

In late 2011, the board of directors of the Sudden Valley Community Association approved a budget that increased the membership dues by thirty percent. A short time later, a newly elected board of directors rescinded that dues increase…
May 21
Does Your Board Have Rapport with the Association's Attorney?

Does Your Board Have Rapport with the Association's Attorney?

The French word rapporter entered the English language as rapportin the 1660's. While rapporter means to “fetch”, “yield” or “bring back”, rapport is defined as “a sympathetic or harmonious…
Apr 30
Announcing My New Mediation Practice

Announcing My New Mediation Practice

Over the last eight years, I have provided legal representation to condominium and homeowners associations and owners within such associations. During the course of that work, I have helped numerous parties in conflict communicate …

Rank this Week: 1641

The Thorpe Law Firm, P.A.

Covers Florida real estate law, foreclosure defense, bankruptcy, estate planning and family law.

http://www.thorpelawfirm.com/blog/

Jun 17
Common Bankruptcy Myth

Common Bankruptcy Myth

With the deep recession America has been in in recent years, the term bankruptcy has been thrown around by the media a lot; high profile celebrities and athletes filing for Chapter 7 even though they make hundreds of thousands dollars a year.…
Jun 4
The Bankruptcy Reform Act of 2005

The Bankruptcy Reform Act of 2005

The Bankruptcy Reform Act of 2005, or the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, became law on April 20, 2005. The intent of the law was to discourage bankruptcy filings under the Bankruptcy Code. The reform…
May 28
The Warren Sapp Bankruptcy

The Warren Sapp Bankruptcy

Warren Carlos Sapp, born December 19, 1972 was a Hall of Fame Defensive Tackle who played thirteen seasons in the National Football League. In March of 2012, Warren Sapp, who assets added up to 6.45 million dollars, filed for Chapter 7…

Rank this Week: 1912

Spatial Law

Covers legal issues associated with geospatial data and technology. Published by Kevin Pomfret.

http://spatiallaw.blogspot.com/

Jun 12
Spatial Law and Policy Update (June 7, 2013)

Spatial Law and Policy Update (June 7, 2013)

SPATIAL LAW AND POLICY UPDATE"Where Geospatial Technology Is Taking the Law"PrivacyFederal Privacy Commissioner proposes changes to PIPEDA to address challenges of Big Data (mccarthytetrault) The Office of the Privacy Commissioner of…
May 21
Posts/Editorials from recent conference on a Location-enabled society

Posts/Editorials from recent conference on a Location-enabled society

A video of the recent conference on The Legal and Policy Framework for A Location-enabled Society will be available shortly. In the meantime, I would like to thank three of the speakers who wrote about the program in blog posts and editorials…
May 20
5 Key Spatial Law and Policy Links (May 20, 2013)

5 Key Spatial Law and Policy Links (May 20, 2013)

Five links from the most recent Spatial Law and Policy Update prepared for the members of the Centre for Spatial Law and Policy. For more information about becoming a member of the Centre, click here.ESA Study recommends free, open data…

Rank this Week: 1756

Eminent Domain Blog

Covers condemnation and real estate law. By David B. Snyder of Fox Rothschild, LLP.

http://eminentdomain.foxrothschild.com/

May 31
FHA Considering Eminent Domain Policy

FHA Considering Eminent Domain Policy

The Department of Housing and Urban Development may issue eminent domain related rules. At a recent House Financial Services subcommittee hearing, Reps. Blaine Luetkemeyer, R-Mo., and Edward Royce, R-Calif., noted counties in their states are…
May 27
Appraisal Institute Discusses USPAP Change

Appraisal Institute Discusses USPAP Change

Paula Konikoff, JD, MAI, chair of the Appraisal Institute’s Professional Standards and Guidance Committee recently discussed the 2014-15 USPAP updates, including the process the Appraisal Standards Board used to adopt the latest edition…
May 26
Illinois Senate Approves Granting Eminent Domain Power To Casino

Illinois Senate Approves Granting Eminent Domain Power To Casino

The Illinois Senate recently approved a casino bill which would provide casinos with the power of eminent domain. If it passes, SB 1739 would amend the state’s Eminent Domain Act: “The following provisions of law may…

Rank this Week: 1763

Renewable Energy Law Blog

Covers legal issues surrounding renewable energy projects. By Luke Hagedorn.

http://therenewableenergylawblog.com/

Nov 7
Election 2012: What it Means for Renewable

Election 2012: What it Means for Renewable
Sep 25
Renewable Energy Law Insider will be at the Kansas Energy Conference. Will you?

Renewable Energy Law Insider will be at the Kansas Energy Conference. Will you?

As an avid follower of energy projects in the Midwest, I’m proud to be attending the 2012 Kansas Energy Conference in beautiful Manhattan, Kansas. Have no fear if you aren’t able to attend, however, because I’ll be uploading lots of…
Sep 23
Polsinelli Energy Law Group Partners with Kansas Energy Information Network

Polsinelli Energy Law Group Partners with Kansas Energy Information Network

For all of you who are interested in renewable energy projects in the State of Kansas, I’m pleased to bring you some good news this Monday morning.

Rank this Week: 1852

New Jersey Redevelopment

Covers news and updates regarding redevelopment matters, laws, news and updates throughout New Jersey. By Michael A. Bruno and Marc D. Policastro.

http://www.njredeveloper.com

Jun 18
NJ Economic Opportunity Act Will Consolidate Economic Development Incentive

NJ Economic Opportunity Act Will Consolidate Economic Development Incentive

The NJ State Assembly recently passed the New Jersey Economic Opportunity Act of 2013. This Act merges five economic development incentives into two distinct programs administered by the NJ Economic Development Authority (EDA). By enhancing…
Jun 18
Procedures for Contractors Seeking to Participate in NJ Homeowner RREM Program

Procedures for Contractors Seeking to Participate in NJ Homeowner RREM Program

The State of New Jersey Department of Community Affairs (DCA) has announced procedures for contractors interested in participating in the New Jersey Homeowner Reconstruction, Rehabilitation, Elevation, and Mitigation (RREM) Program. A…
Jan 15
With Many Hurricane Sandy Victims Still Unable to Secure Temporary Housing, Will New Jersey’s Age-Restricted Communities Offer Up Vacant Units?

With Many Hurricane Sandy Victims Still Unable to Secure Temporary Housing, Will New Jersey’s Age-Restricted Communities Offer Up Vacant Units?

In New Jersey, there is a significant shortage of temporary housing for Hurricane Sandy victims. Currently, about 2,790 households are living in hotel and motel rooms, rented for them by the Federal Emergency Management Agency…

Rank this Week: 2189

K&L Gates Construction Law…

K&L Gates Construction Law Blog

A blog on legal issues, news, and regulations relating to the construction industry. Published by the Construction and Engineering Practice Group of K&L Gates.

http://www.klconstructionlawblog.com/

Jun 18
Maritime Law Does Not Preempt State Safety Laws When The State Laws Do Not Unduly Interfere With Maritime Law

Maritime Law Does Not Preempt State Safety Laws When The State Laws Do Not Unduly Interfere With Maritime Law

Durando v. City of New York, 963 N.Y.S.2d 670 (N.Y. App. Div. 2013) In this case, the New York Appellate Division, Second Department, addressed the interaction of New York state construction law and federal maritime law in the…
May 9
Determining the Scope of "Additional Insured" Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By Contracting Partie

Determining the Scope of "Additional Insured" Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By Contracting Partie

By Roberta D. Anderson, K&L Gates, Pittsburgh It is common among parties to sophisticated construction projects, service agreements, leases, and many other types of projects and transactions, to assess the risks associated…
Apr 23
Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

By Andrew R. Stanton, Frederic J. Giordano, David R. Osipovich Introduction Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision…

Rank this Week: 2119

Real Estate Legal Update

Covers US and UK investment property, corporate real estate issues and property development. By Reed Smith LLP.

http://www.realestatelegalupdate.com/

Jun 13
Judicial Review of Planning Decisions - Shorter Window for Applicant

Judicial Review of Planning Decisions - Shorter Window for Applicant

This post was written by Julia Berry. Some good news for developers frustrated at planning delays caused by waiting for the Judicial Review (‘JR’) period to expire - amendments to the Civil Procedure Rules come into force on 1…
Jun 12
Will Sale and Leaseback Transactions Pump Cash into Target Company Deal

Will Sale and Leaseback Transactions Pump Cash into Target Company Deal

The first quarter of 2013 showed steady activity of merger and acquisition transactions, and the year continues to excite business and transaction lawyers. Headlines in the business pages announce the latest target takeover on a weekly basis.…
Jun 11
Dilapidations claims and the impecunious landlord

Dilapidations claims and the impecunious landlord

This post was written by Katherine Campbell. Some positive news for landlords this week: The court has confirmed that, even where an outdated property stands little or no chance of being re-let following a tenant's departure, a claim for the…

Rank this Week: 2032

Florida Association Law Blog

Covers condo and HOA law. By Daniel Wasserstein.

http://floridaassociationlawblog.com/

Jun 11
Speedy Foreclosure Law – A New Way to Avoid Delay

Speedy Foreclosure Law – A New Way to Avoid Delay

The average number of days it has taken a lender to foreclose in Florida has been estimated at almost 900 days! In many of these cases the borrower has defaulted in the lawsuit or has otherwise abandoned the property, so responsibility…
Apr 17
Association Assessments: Caveat Emptor? Not Anymore!

Association Assessments: Caveat Emptor? Not Anymore!

One of the longest standing duties of Florida condominium and homeowners associations has been pursuance of delinquent assessments through the lien and foreclosure process. With the downturn in the economy, the remedy of foreclosure has…
Feb 11
Going Green to Save Some Green – Installing Solar Panels to Reduce Energy Cost

Going Green to Save Some Green – Installing Solar Panels to Reduce Energy Cost

When it comes to aesthetics, associations in Florida generally try to maintain the uniformity of the community by making sure owners are staying consistent with the original design. Minor alterations, modifications or additions…

Rank this Week: 2174

HOA Law Blog

News, editorial comment and legal information of interest to California community associations and those that manage and service them. By Southern California HOA lawyers SwedelsonGottlieb

http://www.hoalawblog.com/

Jun 5
Homeowners Association Trustee Must Notify Delinquent Homeowners of Redemption Right Following Foreclosure Sale of Their Condominium Unit

Homeowners Association Trustee Must Notify Delinquent Homeowners of Redemption Right Following Foreclosure Sale of Their Condominium Unit

Multani v. Witkin & Neal, Castle Green Condominium Association, etc. By David Swedelson, Condo Lawyer and HOA Attorney, Partner at SwedelsonGottlieb, Community Association Attorneys As we have previously reported, when property is sold…
Jun 1
Is Your Condo Or HOA Parking Lot A Breeding Ground For Lawsuit

Is Your Condo Or HOA Parking Lot A Breeding Ground For Lawsuit

By David Swedelson, Condo Lawyer and HOA Attorney; Senior Partner at SwedelsonGottlieb, Community Association Attorneys The Daily Journal, a newspaper for attorneys, reports weekly on various verdicts and settlements. I read those reports as…
May 24
View Protection At California Condo and Homeowner Associations: It’s Complicated

View Protection At California Condo and Homeowner Associations: It’s Complicated

By David Swedelson, Condo Lawyer and HOA Attorney; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Many owners buy units, lots or homes at community associations that have views and are later shocked to learn that the…

Rank this Week: 2115

Condo Reporter

Covers condominium law in Ontario, Canada. By Heenan Blaikie LLP.

http://www.condoreporter.com/

May 22
Unsuccessful Lawsuit by Condo Owner - The Cost Implication

Unsuccessful Lawsuit by Condo Owner - The Cost Implication

Posted by Barbara HolmesIn a previous blog, we reported on a case, Harvey v. Elgin Condominium Corporation No. 3, where an unhappy unit owner sued the Corporation for various alleged infractions relating to the replacement of existing wooden…
May 21
Jason Rivait Featured in Condo News of the Golden Horseshoe Magazine

Jason Rivait Featured in Condo News of the Golden Horseshoe Magazine

Posted by AdminJason Rivait is the featured contributor in the newest Questions & Answers section of the Condo News of the Golden Horseshoe magazine. Jason discusses requests for records, the potential for labour or copying costs and time…
May 14
Unsuccessful Law Suit by Condo Owner

Unsuccessful Law Suit by Condo Owner

Posted by Barbara HolmesIn the case of Harvey v. Elgin Condominium Corporation No. 3 an unhappy condo owner sued the condominium corporation, claiming that the corporation undertook work that constituted a substantial change without proper…

Rank this Week: 2158

RESPA Lawyer Blog

Covers the Real Estate Settlement Procedures Act (RESPA). By Sterbcow Law Group LLC.

http://www.respalawyer.com/

May 17
CFPB RESPA ENFORCEMENT ACTION ALERT

CFPB RESPA ENFORCEMENT ACTION ALERT

The Consumer Financial Protection Bureau "CFPB" ordered a Texas homebuilder, Paul Taylor, to pay $118,194.20 he received in kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company in…
Apr 12
RESPA CONFERENCE: MARX STERBCOW TO PRESENT AT NATIONAL SETTLEMENT SERVICES SUMMIT IN CLEVELAND, OHIO

RESPA CONFERENCE: MARX STERBCOW TO PRESENT AT NATIONAL SETTLEMENT SERVICES SUMMIT IN CLEVELAND, OHIO

Attorney Marx Sterbcowof the Sterbcow Law Group will lead a panel presentation along with Attorney Jeff Arouh of McLaughlin & Stern at the October Research Corporation's National Settlement Services Summit being held at the Marriott at…
Mar 12
MARX STERBCOW AND CHARLES CAIN TO PRESENT AT RESPA News' RESPA WEBINAR SERIES ON MAY 18, 2013

MARX STERBCOW AND CHARLES CAIN TO PRESENT AT RESPA News' RESPA WEBINAR SERIES ON MAY 18, 2013

Marx Sterbcow, Managing Attorney at Sterbcow Law Group, and Charles Cain, Of Counsel to Sterbcow Law Group and Senior Vice President to WFG National Title Insurance Company, have been selected by RESPA News to co-present a webinar on the…

Rank this Week: 2011

California Condo & HOA Law…

California Condo & HOA Law Blog

Covers affordable housing, elections, collections, boards and committees. By Beth Grimm.

http://www.communityassociations.net/cacondoguru/

Nov 19
What Happens When an HOA Fails to File Tax Returns?

What Happens When an HOA Fails to File Tax Returns?

Here is a question recently received from an owner – and not an uncommon question:
Nov 3
Managers – Don’t Pretend to Be Attorneys!

Managers – Don’t Pretend to Be Attorneys!

Here is a recent complaint from an owner in homeowner association about a manager (not completely unheard of, ha ha): “Our manager thinks she knows everything. At the meetings she runs the board, not the other way around. Whose [sic]…
Oct 17
Contractor Bids in HOAs and Condo

Contractor Bids in HOAs and Condo

Here is a common question that owners and even board members have, sent in by a reader: “Are there any requirements for a contractor proposal process? – Dos and Don’ts. Can an HOA review proposals and after the reviewaccept another…

Rank this Week: 2144

Cardozo Real Estate Law…

Cardozo Real Estate Law Association

The Benjamin N. Cardozo School of Law's student run, real estate law association.

http://cardozorela.blogspot.com/

Oct 11
CLE: NYC Green Real Estate & Zoning Law

CLE: NYC Green Real Estate & Zoning Law
Sep 12
Fall 2012 General Membership Meeting

Fall 2012 General Membership Meeting
Apr 23
Skills Session - Residential Foreclosure Practice

Skills Session - Residential Foreclosure Practice

Rank this Week: 2167

Condo Development Blog

Provides commentary to real estate developers, builders, and land use planners. By Robson Carpenter LLP.

http://www.rcllp.ca/condo/

Jun 18
“Heads Up” to Architects, Engineers, Condominium Developers and Municipalities re: Schedule G in Ontario Condominium Declarations and Amendment

“Heads Up” to Architects, Engineers, Condominium Developers and Municipalities re: Schedule G in Ontario Condominium Declarations and Amendment

Post by: Greg Carpenter The regulations to the Condominium Act of Ontario (the “Act”) prescribe two forms of Schedule G Certificates of an Architect or Engineer that are required in condominium declarations: Certificate of…
Apr 18
Board Members Behaving Badly Results in Personal Liability

Board Members Behaving Badly Results in Personal Liability

Part 2 of 2: Professionals’ Opinions Make the Difference Between Payment and Protection Post by: Khiam Nong In a recent post, we outlined the cases of two condominium boards of directors who were chastised quite thoroughly by judges of…
Apr 3
Board Members Behaving Badly Results in Personal Liability

Board Members Behaving Badly Results in Personal Liability

Part 1 of 2 Post by: Khiam Nong Recent decisions of the Ontario Superior Court of Justice demonstrate that members of Boards of Directors of condominium corporations who do not carry out their duties in a good faith manner risk ……

Rank this Week: 2277

South Carolina Community…

South Carolina Community Association Law Blog

Covers the law of homeowners associations, property owners associations, condominium associations, cooperatives and other community associations. By D. Ryan McCabe.

http://sccommunityassociationlaw.com

Jun 17
HOA Doesn't Have Authority to Restrict Lot Usage

HOA Doesn't Have Authority to Restrict Lot Usage

Estates at Desert Ridge Trails Homeowner’s Association v. Vazquez, Nos. 30, 944; 31, 590 (N.M. Ct. App. Feb. 8, 2013) The New Mexico Court of Appeals affirmed a ruling that a Homeowners’ Association’s power is limited in…
Aug 21
Punitive Fining is Outside Board's Authority

Punitive Fining is Outside Board's Authority

Fairfax Co. Redevel. and Housing Auth. v. Shadowood Condo. Ass'n, No. CL-2010-13282, Va. Cir. Ct., May 12, 2011. In this case, a condo association levied more than $20,000 in fines against a housing authority, which owned several units to…
Aug 7
Court Finds Developer not in Contempt for Stormwater Damage to HOA

Court Finds Developer not in Contempt for Stormwater Damage to HOA

Ex Parte: Lipscomb v. Stonington Devel., No. 4961

Rank this Week: 2283

Breaking Ground: What's New in…

Breaking Ground: What's New in Real Estate Law

Updates in real estate law including leasing, financing, corporate real estate, environmental law. By Sherin and Lodgen.

http://blog.sherin.com/blog/

Jun 17
Upcoming Real Estate Industry Event

Upcoming Real Estate Industry Event

REFA June 19, 2013 – Opportunities in Boston - More than Just Multifamily NAIOP Massachusetts June 19, 2013 - Volunteer for A Cause with Building Impact NEWiRE June 19, 2013 - Annual Meeting & Luncheon…
Jun 14
Top Tweets Week of June 10th

Top Tweets Week of June 10th

Demand for Medical Real Estate Hotter Than Ever: Buildings in prime areas likely to draw investors rlm.ag/ESjul (via @amednews) — Urban Land Institute (@UrbanLandInst) June 10, 2013 The Top 10 issues affecting #RE in 2013 via…
Jun 11
Upcoming Real Estate Industry Event

Upcoming Real Estate Industry Event

Boston Bar Association June 12, 2013 - Real Estate Year End Social NAIOP Massachusetts June 13, 2013 - Mid-Year Market Roundup June 19, 2013 - Volunteer for A Cause with Building Impact NEWiRE June 12, 2013…

Rank this Week: 2454

The Energy Law Blog

Covers oil and gas exploration, development, and marketing on the Gulf Coast. Published by Liskow and Lewis.

http://www.theenergylawblog.com/

Jun 6
BP Victory in Legacy Case Becomes Final

BP Victory in Legacy Case Becomes Final

In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous…
Apr 22
EPA Grants Reconsideration of Certain Oil and Gas Storage Tank NSPS Provisions Issued in August 2012

EPA Grants Reconsideration of Certain Oil and Gas Storage Tank NSPS Provisions Issued in August 2012

By Stephen W. Wiegand On August 16, 2012, EPA issued new source performance standards (NSPSs) for the oil and gas sector. The standards applied to various sources including storage tanks used in crude oil and natural gas production. On April…
Mar 7
OCS Operators Need to Consider EPCRA Reporting in their Release Reporting Plan

OCS Operators Need to Consider EPCRA Reporting in their Release Reporting Plan

By Robert E. Holden The recent decision by the U.S. Court of Appeals for the Fifth Circuit in Center for Biological Diversity, Inc. v. BP America Production Co., et al, no. 12-30136 (5th Cir. Jan. 9, 2013) (“CBD”), reversed…

Rank this Week: 2413

Foreclosure Defense Law Blog

Covers foreclosure procedures and legal defenses available to debtors. By the Nissenbaum Law Group.

http://www.foreclosuredefenselawblog.com/

May 14
Will a Court Recognize a Homeowner’s Challenge to a Bank’s Legal Right to Bring a Foreclosure Proceeding Based Upon Delay?

Will a Court Recognize a Homeowner’s Challenge to a Bank’s Legal Right to Bring a Foreclosure Proceeding Based Upon Delay?

In Deutsche Bank Trust Co. v. Angeles, 53 A.3d 673 (2012), Yony R. Angeles (“Angeles”) executed a note with First Equity Financial Corporation and, in order to secure that note, executed a mortgage on his home. About a year later,...
Jul 25
Under What Circumstances Does the New Jersey Fair Foreclosure Act Prevent a Home Foreclosure When the Lender Cannot Produce the Underlying Promissory Note?

Under What Circumstances Does the New Jersey Fair Foreclosure Act Prevent a Home Foreclosure When the Lender Cannot Produce the Underlying Promissory Note?

In Bank of America, N.A., v. Melissa Limato, No. A-4880-10T3 (N.J. Super. Ct. App. Div. July 2, 2012), the Appellate Division dismissed the case in favor of the homeowner because Bank of America (“Bank”) failed to comply with the notice…
Nov 23
Who has standing to bring a foreclosure action?

Who has standing to bring a foreclosure action?

In a recent decision, the Appellate Division of the Superior Court of New Jersey held that a bank that sued for foreclosure did not have “standing” to sue because the bank was not in possession of the mortgage note when it filed the…

Rank this Week: 2469

Florida Commercial News

Covers Florida real estate, construction, finance and land development. By Eckstein Schechter Law.

http://www.floridacommercialnews.com/

Mar 27
Diabetes Research Institute Introduces DRI TV: Regular Updates on DRI's Progre

Diabetes Research Institute Introduces DRI TV: Regular Updates on DRI's Progre
Mar 25
MBA Releases 2012 Rankings of Commercial/Multifamily Mortgage Firms' Origination Volumes: News Release of the Week

MBA Releases 2012 Rankings of Commercial/Multifamily Mortgage Firms' Origination Volumes: News Release of the Week

MBA Releases 2012 Rankings of Commercial/Multifamily Mortgage Firms’ Origination Volumes Washington, DC (March 21, 2013) – Wells Fargo was the top commercial/multifamily mortgage originator in 2012, according to a set of…
Mar 20
Home Builders Look Forward to Getting Construction Loans for New Home Projects as New Bipartisan Bill Introduced in Congre

Home Builders Look Forward to Getting Construction Loans for New Home Projects as New Bipartisan Bill Introduced in Congre

A new bill is making its way through the House of Representatives right now that may meet with success up in Congress since it's a bipartisan effort: introduced yesterday, HR 1255 just may become law this year. (An identical version of this…

Rank this Week: 2245

Gareth Shepperson's First Law

Covers property law, property development and related thoughts.

http://garethsfirstlaw.blogspot.com/

Nov 20
Body corporate ordered to restore property owner's access right

Body corporate ordered to restore property owner's access right

Body corporate ordered to restore property owner's access right The Fisher v Body Corporate of Misty Bay (2012 94) SA 215 (NGP) decision highlights the consequences a body corporate should consider before summarily denying an occupier the…
Nov 20
Property market remains subdued

Property market remains subdued

Property market remains subdued The local property market remained subdued during the first three quarters of 2012, Absa said on Thursday. "The planning phase of new housing continued to contract up to September, while the construction…
Nov 20
The cost of sectional and full title properties are converging

The cost of sectional and full title properties are converging

The cost of sectional and full title properties are converging House prices between different segments of the market had seen a general narrowing in the gaps in the third quarter of 2012, according to FNB housing data released on…

Rank this Week: 2202

Florida Real Estate Lawyer Blog

Covers real estate law, commercial leasing and real estate development. By Siegfried Rivera Lerner De La Torre & Sobel, P.A.

http://www.floridarealestatelawyerblog.com/

Jun 14
Purchasing the Entity Instead of the Property

Purchasing the Entity Instead of the Property

By Oscar R. RiveraSometimes we are approached by clients who inquire about purchasing the entity that owns the property instead of buying the property itself. This is not very common but there are a series of reasons why this might make sense…
Jun 4
Lease Considerations for Retail, Restaurant Tenants in Office Building

Lease Considerations for Retail, Restaurant Tenants in Office Building

By Fern F. MusselwhiteA retail tenant leasing space in a shopping center generally knows what to expect with regard to the physical space and the basic lease terms that will apply, since shopping centers and shopping center leases are…
May 20
The Importance of Survey

The Importance of Survey

By Oscar R. RiveraSurveys are an essential element of any real estate acquisition. Whether it is a residential transaction or a commercial transaction, the purchaser should always obtain a new survey. The only exception is with the purchase…

Rank this Week: 2827

Hawaii Land Use Law & Policy

Commentary and insight on the complex, multifaceted area of land use in Hawaii. By Jesse Souki.

http://hilanduse.blogspot.com/

Jun 12
ICA Holds that Denial of SMA Permit Assessment is Ripe for Takings Claim without First Pursuing Plan Amendment

ICA Holds that Denial of SMA Permit Assessment is Ripe for Takings Claim without First Pursuing Plan Amendment

In Leone v. County of Maui, 128 Haw. 183 (2012), cert. denied, Appellants purchased property at Palauea Beach in Makena, Maui.Palauea Beach Facing South The 1998 Kihei-Makena Community Plan (Community Plan) assigned the beach lots a "park"…
May 28
Presentation to Hawaii State Bar Association's Natural Resources Section on Legislative Updates Related to Land Use and Planning Law

Presentation to Hawaii State Bar Association's Natural Resources Section on Legislative Updates Related to Land Use and Planning Law

Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System Download slide-deck from SlideShare to view transitions.
May 7
Hawaii Supreme Court Awards Appellate Attorney's Fees under Private Attorney General Doctrine

Hawaii Supreme Court Awards Appellate Attorney's Fees under Private Attorney General Doctrine

On May 3, 2013, the Hawaii Supreme Court issued an opinion awarding appellate attorney's fees and costs against the City & County of Honolulu in the amount of $41,192.00 in attorney's fees and $343.00 in costs in Kaleikini v.…

Rank this Week: 2659

New York Real Estate Lawyer Blog

Covers New York real estate insurance, regulation, and litigation. By Klose & Associates.

http://www.newyorkrealestatelawyerblog.com/

Jun 5
Restaurants serving up copyright infringement/Dinner with a side of copyright infringement?

Restaurants serving up copyright infringement/Dinner with a side of copyright infringement?

Restaurants try to provide a relaxing and pleasant atmosphere, so their diners enjoy a nice experience, . . . . romantic, relaxing, . . . not their customer's home. Often, ambience and mood includes music, but your favorite spot might…
Apr 1
NYS STAR Exemption-- Calling ALL homeowners in New York

NYS STAR Exemption-- Calling ALL homeowners in New York

After various district attorneys around the state found that homeowners were cheating the system, the New York State Legislature is poised to make all home owners RE-REGISTER for the STAR exemption which can result in a reduction of school…
Feb 11
CHOCOLATE KISS COLORED CARPET…. BEAUTIFUL? YUMMY? or INFRINGING?

CHOCOLATE KISS COLORED CARPET…. BEAUTIFUL? YUMMY? or INFRINGING?

Shaw Industries Group, a leading carpet manufacturer recently sued The Hershey Company in Federal Court in Georgia for a declaratory judgment that its Chocolate Kiss colored carpet did not infringe Hershey's CHOCOLATE KISS trademark.…

Rank this Week: 2595

Real Estate & Construction Law…

Real Estate & Construction Law Blog

Features real estate and construction law updates and analysis. By Buckingham, Doolittle & Burroughs LLP.

http://www.realestateandconstructionlaw.com/

May 23
DBE Dilemma - Change of Control

DBE Dilemma - Change of Control

Construction contractors see certification as a Disadvantaged Business Enterprise (“DBE”) under the Federal Laws as a very valuable asset. Rightfully so! Federal mandates require DBE participation on virtually all federal…
May 16
Estoppel Certificates: Be Careful What You Sign

Estoppel Certificates: Be Careful What You Sign

If you are a landlord or tenant, or you represent landlords or tenants, then you are probably familiar with estoppel certificates. While estoppel certificates are commonplace in commercial leasing and often treated as simple…
Feb 15
Crain's Cleveland Shale Summit Gives Glimpse Into Future of Shale Production

Crain's Cleveland Shale Summit Gives Glimpse Into Future of Shale Production

On February 5, 2013 Crain's Shale Summit took place at Executive Caterers at Landerhaven. The event sold out quickly and appeared to be a great success in all respects. I attended and was quite impressed by the quality and variety of…

Rank this Week: 2937

Ontario Condo Law Blog

Covers recent trends, court decisions, and condo-related news. By Gardiner Miller Arnold LLP.

http://www.ontariocondolaw.com/

May 22
GMA Condo Alert! (Spring 2013 edition)

GMA Condo Alert! (Spring 2013 edition)

The spring edition of our quarterly newsletter was distributed to over 500 attendees of the bi-annual Condo Conference and Tradeshow held April 27 in Hamilton. Hats off to the Golden Horsehoe Chapter of the…
May 14
Time to abolish the owner-occupied director position

Time to abolish the owner-occupied director position

It is rare for us at Ontario Condo Law Blog to beat up on an underdog, but the owner-occupied reserved position on condo boards is decidedly worthy of that honour. That reserved position (set out in the Condominium Act, 1998, subsections…
May 10
Another cause of owner ignorance: Lousy condo doc package

Another cause of owner ignorance: Lousy condo doc package

Those of us who work with condo corporations often grumble that unit owners have no appreciable knowledge or understanding of the declaration, by-laws or rules that govern their condominium. Indeed, if you ask any 100 (or 1,000 or…

Rank this Week: 2668

Buffalo NY Attorneys Blog

Covers New York elder law, estate law, and real estate legal issues. By Robert Friedman.

http://www.wny-lawyers.com/wordpress

May 17
National Senior Health & Fitness Day

National Senior Health & Fitness Day

National Senior Health & Fitness Day is being celebrated at a completely free fair on Wednesday, May 29, 2013 from 12-4 PM at the Akron-Newstead Senior Center, 5691 Cummings Road, Akron, NY. The goal of this health and fitness day is to…
May 8
NEW YORK LANDLORD NOT LIABLE FOR DOG BITE

NEW YORK LANDLORD NOT LIABLE FOR DOG BITE

Plaintiff sued the landlord and tenant for injuries that his son sustained when he was bitten by the tenant’s dog. In order to recover against a landlord for injuries caused by a tenant’s dog on a theory of strict liability, the…
Apr 23
ARE NY CONDO BOARD’S LIABLE FOR SECOND HAND SMOKE?

ARE NY CONDO BOARD’S LIABLE FOR SECOND HAND SMOKE?

Yes, a condominium board’s obligation to regulate second hand smoke is based on New York Real Property Law (RPL) section 339-v(b)(i) which requires all condominium bylaws to include such restrictions on and requirements respecting the…

Rank this Week: 2578

Green Building Law

Covers legal issues related to green building and sustainable development. By Shari Shapiro.

http://www.greenbuildinglawblog.com/

Apr 10
Mind Your Administrative P's & Q's When Rejecting Energy Code Change

Mind Your Administrative P's & Q's When Rejecting Energy Code Change

The Court of Appeals of the State of New Mexico handed down a limited win for energy code advocates, holding that adopting changes to building codes that removed energy conservation provisions without any justification violated…
Mar 11
Pennsylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

Pennsylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

After long and diligent work, my own Commonwealth of Pennsylvania announced last week that it had successfully bundled 4,700 residential energy efficiency loans, and obtained $23 million in cash and $8.3 million in deferred payments, for a…
Mar 11
Pensylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

Pensylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

After long and diligent work, my own Commonwealth of Pennsylvania announced last week that it had successfully bundled 4,700 residential energy efficiency loans, and obtained $23 million in cash and $8.3 million in deferred payments, for a…

Rank this Week: 2572

Thoits Law Blog

Discusses important legal developments in the areas of business, employment, intellectual property, litigation, real estate, and estate planning. By Thoits, Love, Hershberger & McLean.

http://www.thoitslaw.com/blog/

Apr 8
You Really, Really Need a Shareholder Buy-Sell Agreement

You Really, Really Need a Shareholder Buy-Sell Agreement

...a relatively small investment of time spent on the fundamentals can yield significant dividends in the future – and help to avoid much distress. And, the first fundamental, particularly for founders who do not anticipate seeking venture…
Apr 8
Selling Restricted Stock of Private Companie

Selling Restricted Stock of Private Companie

Anyone who holds restricted stock of a non-public company, such as Twitter, Box, or Palantir among others, probably has discovered it is possible to find buyers for their stock by contacting Second Market or Shares Post or other…
Feb 22
California Pregnancy Disability Leave: Longer Than Four Months?

California Pregnancy Disability Leave: Longer Than Four Months?

The court stated that this was a "case of first impression" and posed the issue as "whether an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL)...may nevertheless state…

Rank this Week: 2948

Virginia Real Estate, Land Use…

Virginia Real Estate, Land Use & Construction Law

Covers Virginia real estate, land use, and construction law issues, such as green building and LEED. By Bean Kinney & Korman.

http://www.valanduseconstructionlaw.com/

Mar 10
Lien Rights of Lenders and Landlords - Part II

Lien Rights of Lenders and Landlords - Part II

In Part I of this blog post, we discussed the varied interests of the landlord and the tenant's lender in the tenant’s personal property located at the premises in the context of a commercial lease. Part II below will discuss…
Jan 29
Lien Rights of Lenders and Landlords - Part I

Lien Rights of Lenders and Landlords - Part I

Commercial real estate landlords and the lenders for their tenants have competing interests with respect to the tenant's personal property located at the demised premises. The landlord is looking to secure the tenant's rental…
Jul 12
Right to Self-Help in DC, MD and VA

Right to Self-Help in DC, MD and VA

Self-Help. Ok or Not?

Rank this Week: 2906

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/

Dec 7
Honolulu Magazine Lists Philip R. Brown Among the Best Lawyers in Hawaii

Honolulu Magazine Lists Philip R. Brown Among the Best Lawyers in Hawaii

Philip R. Brown was once again listed in Honolulu Magazine’s annual issue of The Best Lawyers in Hawaii. Philip Brown is also listed in The Best Lawyers in America. Mr. Brown also has the highest ethical/legal rating (AV) from…
Sep 25
Hawaii Attorney Effie Steiger Named “Top 40 Under 40?

Hawaii Attorney Effie Steiger Named “Top 40 Under 40?

The National Trial Lawyers Association has selected Hawaii attorney, Effie Steiger, of the Law Offices of Philip R. Brown, for inclusion in “Top 40 under 40” trial lawyers in Hawaii.
Feb 28
Recovery of Hawaii Attorneys Fees (Part 2)

Recovery of Hawaii Attorneys Fees (Part 2)

As we wrote in our previous post regarding HRS § 607-14, “[t]he Hawaii Supreme court has defined an “assumpsit” case as a claim “for the recovery of damages for the non performance of a contract . . . as well as quasi contractual…

Rank this Week: 2929

California Condominium Law

Covers the community association industry. By Adams Kessler.

http://www.condoassociationexpert.com

Nov 18
Smelly Shoe

Smelly Shoe

QUESTION: Can an association restrict piles of smelly shoes in front of an owner’s front door? It has been suggested that if this is a cultural belief the HOA could be faulted for making them remove their shoes.
Nov 4
Davis-Stirling Conversion Chart

Davis-Stirling Conversion Chart

The Davis-Stirling Act is currently found in Civil Code sections 1350 to 1378. The DS Rewrite uses all new Civil Code sections that start at 4000 and go to 6150. Because the Act’s content was completely restructured, there is no straight…
Oct 28
Free Rider

Free Rider

QUESTION:While checking your website on suspension of common area privileges, I was shocked when I read, “If there are multiple owners of a unit/lot, the suspension of rights/privileges for one owner suspends the rights/privileges of all…

Rank this Week: 2746

New Jersey Eminent Domain Law Blog

This blog is dedicated to informing the general public, as well as attorneys and real estate professionals, about current condemnation and redevelopment procedures and their impact on private property. Published by William J. Ward of Carlin Ward.

http://www.njeminentdomain.com/

Jun 25
Eminent domain, special benefits, and beach replenishment

Eminent domain, special benefits, and beach replenishment

The New Jersey Supreme Court has granted Certification to the Borough of Harvey Cedars in the case of Harvey Cedars v. Karan (A. 120-11). At issue in the case is the longstanding policy in eminent domain cases that does not permit…
Mar 29
Essex County Vo-Tech eminent domain complaint dismissed

Essex County Vo-Tech eminent domain complaint dismissed

New United Corporation v. Essex County Vocational-Technical School Board of Education [A-2014-10T2] By William J. Ward and Winifred E. Campbell
Mar 28
US Supreme Court ruling on due process in wetlands regulation

US Supreme Court ruling on due process in wetlands regulation

Challenging a wetlands designation in eminent domain cases is often a key issue for property owners attempting to obtain just compensation for the acquisition of their property. While the decision of the Supreme Court in Sackett v. EPA is…

Rank this Week: 2767

Andrew Ewalt's Law Blog

Covers business law and planning, elder law, estate planning, probate and estate administration, and real estate.

http://andrewewaltslawblog.blogs.com/my_weblog/

May 11
Living Will

Living Will

So what is a living will exactly? It is a legal document that directs your physician to discontinue life-sustaining procedures (cardiopulmonary, artificial respiration and artificial hydration and/or nutrition) if you are in a terminal…
Mar 11
Protection For Key Employee

Protection For Key Employee

The business world can be very competitive. One of the worst things that can happen to a business is to lose a key employee. That is why it is important to consider options for protecting your key employees. What if a business owner or key…
Mar 9
Title Insurance Pros and Con

Title Insurance Pros and Con

During a recent real estate closing I was asked whether “title” insurance was necessary (for those of you who are unfamiliar, title insurance is a form of insurance that guarantees that no other individuals can claim an interest in your…

Rank this Week: 2747

Law of the Land - Canadian…

Law of the Land - Canadian Commercial Real Estate Law Blog

Covers condominiums, environmental law, financing, leasing and title insurance. By Lang Michener.

http://lawoftheland.blogs.com/law_of_the_land_canadian_/

Apr 28
Withholding consent to assignments: a primer

Withholding consent to assignments: a primer

The issue of when a landlord can refuse to consent to the assignment of a lease remains a notable source of litigation in the commercial real estate space. While lease agreements typically contain provisions permitting the tenant to assign…
Apr 28
Exercising a termination clause requires strict satisfaction of any attached condition

Exercising a termination clause requires strict satisfaction of any attached condition

The Court of Appeal for Ontario recently articulated the importance of satisfying the conditions attached to termination clauses when seeking to terminate a lease. What the trial court considered to be a largely semantic point in Dunnville…
Feb 24
Sovereign Immunity and the Challenge of Leasing to Foreign State Tenant

Sovereign Immunity and the Challenge of Leasing to Foreign State Tenant

Leasing real property to foreign states presents a unique challenge to landlords. The operation of the doctrine of sovereign immunity, if not properly addressed in the lease instrument, can severely impact a landlord’s ability to seek…

Rank this Week: 2744

Distressed Asset Law

Covers the legal issues and opportunities relating to distressed assets. By Matthew Sanderson.

http://lrmlawblog.com/distressedassets

May 15
4 Pitfalls of Acquiring Property By Foreclosure

4 Pitfalls of Acquiring Property By Foreclosure

We all see the advertisements for lists of property being sold at foreclosure. After all, foreclosures are at an all time high, and we all need to buy while “prices are set at pennies on the dollar.” Well, that rosy picture, as many…
Mar 15
5 Ways to Avoid Costs of Acquiring Distressed Asset

5 Ways to Avoid Costs of Acquiring Distressed Asset

All too often the margins of distressed asset acquisition require stringent cost control. To help, here are five things to keep those costs low when considering the purchase of distressed assets:
Feb 15
Top 10 Leasing Issues in Distressed Business Acquisition

Top 10 Leasing Issues in Distressed Business Acquisition

When buying a distressed business, often a lease is required to be assumed or a new lease is required to be executed. Negotiating can be a stressful, so to reduce some of that stress, we’ve put together the following Top Ten Leasing Issues…

Rank this Week: 2611

Legal Scoop on Southwest Florida…

Legal Scoop on Southwest Florida Real Estate

Covers real estate and environmental issues in Southwest Florida. By Henderson Franklin.

http://www.legalscoopswflre.com/

Jun 18
Eight Legislative Changes to the Florida Residential Landlord and Tenant Act

Eight Legislative Changes to the Florida Residential Landlord and Tenant Act

On Friday, June 7, 2013, Governor Scott signed HB 77 into law. Below is a brief description of the major changes to Part II of Chapter 83 of the Florida Statutes, otherwise known as Florida's Landlord and Tenant Law, which become effective…
Jun 5
Low Tide for Plan to Use Eminent Domain to Acquire Underwater Mortgages - Part IV

Low Tide for Plan to Use Eminent Domain to Acquire Underwater Mortgages - Part IV

When we began posting about the possible use of eminent domain to acquire underwater mortgages in August 2012, we pointed out that "The Chicago City Council's resolution calling for a hearing on the use of eminent domain to condemn underwater…
May 22
Judicial Update: Florida Supreme Court Upholds Priority of Prior Recorded Mortgage Over Code Enforcement Lien

Judicial Update: Florida Supreme Court Upholds Priority of Prior Recorded Mortgage Over Code Enforcement Lien

It took a while, but the Florida Supreme Court recently upheld a 2011 5th District Court of Appeals' decision invalidating a city ordinance that gave priority to code enforcement liens over prior-recorded mortgages. City of Palm Bay v. Wells…

Rank this Week: 3617

Massachusetts Real Estate Lawyer…

Massachusetts Real Estate Lawyer Blog

Covers real estate sales, purchases and foreclosures. By Pulgini & Norton, LLP.

http://www.massachusettsrealestatelawyer-blog.com/

Jun 18
Increasing Home Prices Save Underwater Borrower

Increasing Home Prices Save Underwater Borrower

As home prices have been rising, the number of underwater homeowners has dropped below ten million for the first time in more than three years. An underwater home is one in which the homeowner owes more on their mortgage then the home is…
Jun 5
Home Price Increase is More Than a Bubble

Home Price Increase is More Than a Bubble

The quick increase in housing prices the past year has created conversation of another housing "bubble, but experts say that only a few markets are at risk. U.S. home prices rose 10.9% from March 2012 to March 2013, which is the largest…
May 23
Pending Home Sales Reach Three-Year High

Pending Home Sales Reach Three-Year High

The number of signed contracts to buy homes rose in March to the highest level in three years. The National Association of Realtors stated its seasonally adjusted index for pending home sales rose 1.5% to 105.7, the highest since April 2010.…

Rank this Week: 3474

Northwest Condo & HOA Law Blog

Covers issues around condominium ownership, homeowners associations, and construction defects. By Barker Martin.

http://www.condo-hoalawblog.com/

Jun 13
Hoarding...a Potentially Serious Issue for Community Association

Hoarding...a Potentially Serious Issue for Community Association

Hoarding can be a serious issue for community associations. “Hoarding” is described as the excessive acquisition of possessions (and failure to discard them), even if the items are worthless, hazardous or unsanitary. Hoarding…
Jun 6
Association Rules-More Is Not Always Better

Association Rules-More Is Not Always Better

Unlike declarations or even bylaws, an association’s rules are often easy to adopt and amend. Unfortunately, the ease with which new rules can be added, often leads to a multitude of problems for associations. The…
May 30
If it's Broke, Someone's Gotta Fix It

If it's Broke, Someone's Gotta Fix It

As association counsel, one of the most common inquiries from boards and managers of community associations is who is responsible for paying for repairs to various items. The item can be anything -- from a water heater that leaks,…

Rank this Week: 3174

California Eminent Domain Report

Covers condemnation, inverse condemnation, and regulatory takings in California. By Nossaman LLP.

http://www.californiaeminentdomainreport.com

Jun 11
Two Upcoming IRWA Events (and a Supreme Court Takings Decision)

Two Upcoming IRWA Events (and a Supreme Court Takings Decision)

We have two big IRWA events coming up. IRWA Annual Education Conference The biggest conference of the year, the IRWA Education Conference, starts June 23 in Charleston, West Virginia. As always, there will be many great…
Jun 10
House Subcommittee Approves Bill to Limit Power of Eminent Domain

House Subcommittee Approves Bill to Limit Power of Eminent Domain

The House of Representatives has once again resurrected the "Private Property Rights Protection Act" (HR 1944), a bill that would limit the power of eminent domain on a nationwide scale. I say once again, because as we reported in 2012…
Jun 1
City of Fremont to Hold Hearing on Resolution of Necessity for Potential Eminent Domain

City of Fremont to Hold Hearing on Resolution of Necessity for Potential Eminent Domain

According to an article in the Mercury News, Fremont may use eminent domain process to buy land needed for proposed downtown, the City of Fremont's City Council will be holding a public hearing on Tuesday to consider the adoption of a…

Rank this Week: 3543

Tarley Robinson Legal Nuggets

Covers legal issues facing small businesses and common interest communities (known popularly as HOAs).

http://blog.tarleyrobinson.com/

Jun 6
2013 Legislative Update – Free Seminars in Williamsburg and Newport New

2013 Legislative Update – Free Seminars in Williamsburg and Newport New

We have blogged about the many changes coming to your community association as a result of 2013 legislative changes. As an additional service, we are providing free seminars in Williamsburg and Newport News to review those changes. Susan…
May 28
Workshop: The Essentials of Community Association Leadership

Workshop: The Essentials of Community Association Leadership

Join us in Williamsburg this Saturday, June 1, 2013, for a workshop sponsored by the Central Chapter of the Community Association Institute intended for Association leaders and homeowners. Susan Tarley will be one of the speakers with a…
May 7
2013 Legislative Update for Virginia HOA

2013 Legislative Update for Virginia HOA

The Virginia Legislative Action Committee (“LAC”) had a busy 2013 legislative session. This is my third year on the LAC and each year brings new challenges. Our mission is to monitor and influence legislation affecting community…

Rank this Week: 3012

California Real Estate Lawyers…

California Real Estate Lawyers Blog

Published by Law Office of James J. Falcone

http://www.calrealestatelawyersblog.com/

Jun 6
California foreclosures -when the trustee makes a mistake on the beneficiary's credit bid, sometimes they can void the sale and start over again

California foreclosures -when the trustee makes a mistake on the beneficiary's credit bid, sometimes they can void the sale and start over again

California deeds of trust, which secure debt on real property, involves three parties. First, is the Trustor, who borrowed the money. Second is the Beneficiary, who lent the money. Third is the Trustee, whom sort of holds title to the…
May 28
California Real Estate Loans, Usury, & Brokers. A Broker Can Arrange The Loan & Profit On The Deal

California Real Estate Loans, Usury, & Brokers. A Broker Can Arrange The Loan & Profit On The Deal

California usury laws restrict charging of interest greater than that allowed under the law. The legislature sees fit to determine what the maximum amount of interest that may be charged for a loan. There are a number of exceptions and…
May 21
California Construction Contracts and Arbitration - When the Issue is whether the contractor was unlicensed, Courts Can Throw Away the Arbitrator's Decision.

California Construction Contracts and Arbitration - When the Issue is whether the contractor was unlicensed, Courts Can Throw Away the Arbitrator's Decision.

I have written several times about the finality of Arbitration decisions, and haw they cannot be overturned even if the Arbitrator did not follow the law, or ignored the facts. Also discussed here has been the plight of the unlicensed…

Rank this Week: 2981

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