Public Policy and HomelessnessPublic Policy and Homelessness

From single-family homes to condominiums and townhouses, project developments by necessity require lengthy and complicated homeowners association (HOA) documents. For developers and project owners, these founding agreements are critical for the success and profitability of these projects. Tailored and well-drafted HOA documents govern specific property uses, define the services the HOA will provide, and address how property owners will jointly govern the association. HOA documents are also rife with points of potential dispute--from fees to management and control issues. Careful planning and drafting of these documents are essential to successfully exiting the project and avoiding later liability. HOA documents can address pandemic issues and perhaps the relaxation of some restrictions to address unforeseen hardships such as deferrals of assessments due to COVID-related layoffs. HOA litigation often results from poorly drafted HOA agreements, insufficient due diligence, or an incomplete negotiation that failed to consider all pre-and post-transition contingencies. Counsel for developers and project owners can drastically reduce the risk of client exposure and costly litigation by taking the time to ensure the initial document is unambiguous and complete. Our panel will guide counsel to developers and project owners in structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will provide practical insights into strategies for preserving value for property owners while ensuring that developers can successfully exit the project and avoid subsequent liabilities. Listen as our experienced panel of real estate attorneys provides practical guidance on structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will offer insights and strategies for preserving property values while ensuring developers can smoothly exit the project, avoid ongoing liabilities, and maximize project profitability.

In 2018, the Midwest (defined as Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) saw a number of statutory changes and court decisions that reshaped and framed a number of key issues every developer, design professional, owner, lender, contractor, and real estate and construction lawyer must know. Quarles & Brady lawyers will discuss and take questions regarding recent decisions impacting real estate and construction law.

In this webinar recording Craig will show you: - What augmented reality is and how it differs from virtual reality. - Why these technologies are suddenly exploding in popularity. - How AR and VR will not only change the way you market and sell your listings, but more importantly, how they are already changing the ways consumers shop and consume real estate. - Examples of companies and products that are leading the way in this exciting space.

The aftermath of the Surfside condominium collapse is one of the most unspeakable tragedies in condominium history. As investigators continue to search for the cause or causes of the collapse, it is natural to search for solutions on how future building collapses or other disasters can be prevented. It is unlikely that there will be a "single" identifiable cause of the condominium collapse. Rather, the collapse was likely caused by a multitude of factors. Counsel for HOAs should consider reviewing policies and actions of the condominium association's board of directors. Most states provide various protections for volunteer directors of a nonprofit corporation and only require that a director must discharge their duties in good faith, with the care of an ordinarily prudent person, and in a manner that they believe is in the best interests of the corporation. Directors should ensure that their articles of incorporation and condominium bylaws are updated so volunteer directors are appropriately protected from liability. Similarly, volunteer board members should consult with insurance agents to ensure that appropriate directors' and officers' insurance is in place. Boards will want to examine inspection and engineering reports and communicate those findings to co-owners to determine the advisability of proceeding with repairs. Counsel should advise condominium board members to act on the advice that is received. Boards need to budget properly and realize that sometimes difficult choices need to be made, which may involve assessment increases that will not be popular with co-owners. Some condominium documents require the condominium association to perform an annual inspection of the major common elements. While hiring professionals to perform inspections costs money, amending your condominium bylaws to require mandatory inspections may not be a bad idea. Similarly, while reserve studies are a best practice, there is nothing preventing a condominium association from amending their condominium bylaws to require that reserve studies or structural engineering inspections be performed on a regular basis. While condominium and homeowner association acts may not impose minimum insurance requirements, boards should consider reviewing coverage and increasing limits based on current risks. Listen as our expert panel discusses best practices when advising boards on repairs, inspections, and engineering recommendations for condominiums in order to avoid future disasters.