Garfield & Hecht, P.C
Category: Home Owner Association Law
As the use of short term rentals by vacationers increases in popularity, with multiple websites offering advertising and payment services, many communities and property owners are struggling with how to regulate such rentals or how to get into the market. Short term rentals are typically defined as the rentals of less than 30 days. Most […]
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On May 1, 2017, the Colorado Supreme Court issued its opinion in McShane v. Stirling Ranch Property Owners Association, Inc. The decision determined that an exculpatory clause in a homeowners association’s governing documents that limited liability for the association’s board and agents did not exculpate the association itself. McShane purchased property located within the Stirling […]
read moreHOMEOWNERS’ ASSOCIATIONS ABILITY TO SUE DEVELOPERS LIMITED BY REFORM LEGISLATION When a developer’s control over a condominium project passes to the homeowners’ association (“HOA”), the HOA may sue the developer for construction defects (real or perceived). There is an industry of lawyers that take on these cases. Due to the risk of construction defect litigation […]
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