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CALIFORNIA SUPREME COURT RULES THAT SB 800 IS THE EXCLUSIVE REMEDY FOR PURSUING CONSTRUCTION DEFECTS

In the case of McMillin Albany, LLC. et al. v. Van Tassel, et al., the California Supreme Court confirmed that SB 800 provides the exclusive remedy for construction defects in residential construction.   The Court found that the legislature intended to abrogate common law claims for construction defects and supplant them with claims that are actionable … Continue reading “CALIFORNIA SUPREME COURT RULES THAT SB 800 IS THE EXCLUSIVE REMEDY FOR PURSUING CONSTRUCTION DEFECTS”

Massachusetts supreme court set to rule on anti-construction defect litigation provisions inserted by developers in condominium documents

On October 5, 2017, the Supreme Judicial Court heard oral argument in the matter of Trustees of the Cambridge Point Condominium Trust v. Cambridge Point, LLC, et al. (SJC-12327).  The Court’s decision will impact Massachusetts condominium association’s ability to pursue litigation against developers for, among other things, faulty construction.   The case concerns the enforceability … Continue reading “Massachusetts supreme court set to rule on anti-construction defect litigation provisions inserted by developers in condominium documents”

New laws regarding installation of solar panels impacting California community associations went into effect on January 1, 2018

The new laws in California regarding the installation of solar energy systems can be found in amendments to Cal. Civil Code Section 714.1 and 4600 and New Section 4746 The new laws prohibit an association from establishing a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on … Continue reading “New laws regarding installation of solar panels impacting California community associations went into effect on January 1, 2018”