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Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable

by Karli Sharrow ArticlesTexasQuestions AnsweredConstruction Defects

Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable for failure to implement repairs recommended in a reserve study, even though the members of the Association voted down an attempted special assessment to fund the necessary repairs.

BKSN receives $13,572,000 Arbitration Award Against D.R. Horton for Aurora HOA

by Jeff Kerrane KS NewsArticlesColoradoNewsConstruction DefectsPress Releases

Protecting the HOA in Spite of Itself: Shareholder Derivative Actions

by Alex Nelson ColoradoConstruction Case Law & StatutesHomeowner AssociationsConstruction Defects

Unfortunately, construction defects are far from uncommon in townhome, condominium, and other common interest communities. When faced with defects, the typical response of an HOA Board of Directors is to retain legal counsel and pursue the developer, contractor(s), and/or design professionals, ultimately putting the financial burden of the needed repairs on those who caused the construction defects in the first place. What happens though when an HOA Board of Directors is unwilling to take legal action?