LexisNexis® Legal Newsroom
Michigan Coach Named In $1 Million Alabama Condo Loan Lawsuit

TUSCALOOSA, Ala. – (AP) Michigan coach Rich Rodriguez has been sued along with several business partners by a company that says it has yet to be repaid for a $1 million loan. The suit filed in federal court last month by the West Columbia Trading Company of South Carolina claims a corporation formed...

Lawsuit Filed Against Deutsche Bank Claims Las Vegas Condo Buyers Deceived

LOS ANGELES - A lawsuit was filed July 19 in Los Angeles County Superior Court by the law firm Lurie & Park LLC on behalf of three people who placed deposits towards condominiums at the Cosmopolitan of Las Vegas ( Wendy Na, et al. v. Deutsche Bank, et al. , No. BC441872, Calif. Super., Los Angeles...

Greenberg Traurig's Condo Trends Newsletter - March 2011

March 2011 This is the first issue of Greenberg Traurig's Condo Trends , a newsletter focused on issues affecting condominium development, operations and regulatory issues. If there are any specific topics you would like to see addressed in future issues, please let us know...

Vetstein Law Group: Dealing With Dysfunctional Massachusetts Condominium Trustees & Homeowner Associations

By Richard D. Vetstein, ESQ I've been getting a fair amount of calls these days regarding what I like to term dysfunctional condominium management . Usually these are smaller, self-managed condominiums. Converted multi-family homes, etc. Sometimes, however, the problem of dysfunctional condominium...

Vetstein Law Group: Appeals Court Resurrects Toxic Mold Claim Against Admiral’s Hill Condominium

By Richard D. Vetstein, ESQ Application of "Discovery Rule" Enables Toxic Mold Claim To Survive Dismissal Toxic mold is a dangerous condition that can arise in buildings with untreated water leaks and penetration. The most common form of "toxic mold" is Stachybotrys chartarum...

Can Florida Condominium Buyers Escape a Bad Real Estate Deal? Escrow Dealings Give Rise to the Possibility

Recently, a Florida appellate court was asked to review the legal sufficiency of claims that a condominium developer and its escrow agent violated the requirements of section 718.202, Florida Statutes (2006), regarding pre-closing deposits by the buyers. In CRC 603, LLC v. North Carillon, LLC,...

Federal Housing Finance Agencies Impact on Condominium Purchasers

The financial industry and housing market crisis of 2008 has taken a tremendous economic toll, not just upon investors and homeowners, but also upon the three federal agencies: the Federal Housing Administration, Fannie Mae and Freddie Mac. In the aftermath of the crisis, these three agencies have...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – September 26th, 2011 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

The Right of Individual Condominium Unit Owners to Sue the Association's Property Insurer

In this Analysis, Douglas Scott MacGregor reviews the basic principles of condominium ownership and the requirements for insuring condominium real property before turning to a survey of the cases on unit owner standing in litigation against association insurers. It concludes by suggesting a need...

Buried in a Condominium Unit: Clutter Gone Wild

Hoarding is a topic that has hit the mainstream. A&E has a television show called, "Hoarders." TLC has a television show titled, "Hoarding: Buried Alive." The Animal Planet has a television show titled, "Confessions: Animal Hoarding." A&E describes each episode...

Vetstein Law Group: Condominium Capital Reserve Accounts: 10% Of Operating Budget Now The Norm

By Richard D. Vetstein, ESQ FNMA (Fannie Mae) and FHA Tighten Capital Reserve Requirements For Condominium Mortgage Lending Since the condominium market meltdown, both Fannie Mae and FHA have passed increasingly stricter and tighter lending guidelines on condominium financing. Of particular...

Vetstein Law Group: Condominium Bait and Switch Scheme Nets First Time Buyers Big Recovery

By Richard D. Vetstein, ESQ Six Year Litigation Odyssey Ends With $872,000 Payout After six years of litigation over a deceptive bait-and-switch condominium purchase scheme, a Cambridge couple has forced the listing broker in the deal to pay them $872,000 in compensation. The case is Oleg Batishchev...

The Increasing Complexity of Condominium Property Insurance

In this Analysis, Douglas Scott MacGregor* discusses the evolving requirements and problems involved in providing property insurance in condominium projects. He explains the complex nature of condominium ownership and analyzes pertinent statutory requirements. He assesses the practical import of...

Vetstein Law Group: FHA Softens Condominium Lending Guidelines, But Barriers Remain

By Richard D. Vetstein, ESQ Condo Sales May Get Slight Boost, But Financing Rules Remain Tight Responding to lender, condominium association and consumer outcry that the existing FHA condominium lending guidelines are too strict, the Federal Home Administration (FHA) on September 13, 2012 announced...

Vandeventer Black LLP: Sale of Condomimiums a Consumer Purchase Under the Virginia Consumer Protection Act

By Neil Lowenstein , The Virginia Consumer Protection Act notes it purposing as the promotion of "fair and ethical standards of dealings between suppliers and the consuming public." Among the constricts in that Act, it is unlawful for a supplier in a consumer transaction to misrepresent...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 26th, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Ballard Spahr Legal Alert: Optional Rental Program Did Not Transform Hotel-Condominium Units into Securities, Ninth Circuit Holds

By Daniel M. Benjamin, Ballard Spahr LLP The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal with prejudice of a putative securities class action concerning the sale of 420 hotel-condominium units at the Hard Rock Hotel in San Diego. The appeal attracted competing amicus...

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Amendments to Pennsylvania’s Uniform Condominium Act and Uniform Planned Communities Act

Recently, Pennsylvania Governor Tom Corbett signed into law House Bill 1122 (the "Amendment") [ enhanced version available to lexis.com subscribers ], which amends the Uniform Condominium Act and the Uniform Planned Community Act (together the "Acts") by extending the time period...

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WV Homeowners Associations Found to be Debt Collectors

In West Virginia, homeowners associations (HOAs) now need to worry about how they go about collecting delinquent fees. If HOA debt collection efforts do not comply with the West Virginia Consumer Credit and Protection Act (the WVCCPA), an HOA could face a civil suit and steep penalties. The Supreme Court...

Condo Association Not Immune From Liability For Slip-And-Fall On Its Private Sidewalk

The latest chapter in the "can I be sued if someone slips and falls on the sidewalk in front of my house after it snows" saga has been written. In Qian v. Toll Brothers Inc., [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the New Jersey Supreme Court...