Imagineers Spring 2011 Newsletter

Condominium Homeowner Association News


Spring 2011- Imagineers Picks:

A New Push for Condo Ombudsman-
New York Times (April 1, 2011):(click here) A bill now before the legislature would establish an ombudsman within the Department of Consumer Protection, in the Attorney General's office. The agency would be financed through an annual $4 fee on all condominiums. Connecticut has between 240,000 and 250,000 condo units.

Easy Living at Bradford Walk-
Hartford Courant (April 1, 2011):(click here) Bradford Walk has begun in 2004 and has won an array of Connecticut Home Builders Association awards including Best Attached Community, Best Community Clubhouse and Best Attached Home in two categories (under 2,000 to 3,000 square feet). It has also won the Beautification Award from the Farmington Chamber of Commerce.

High-Rise Plans Time Capsule to Commemorate 40th Anniversary
Sun Sentential (March 11, 2011):(click here) We take pride in our community, said Larry Burnette, president of the Venetian Condominium Association. "We've come a long way to get the board to 237 owners to get along so well." A plaque will be mounted in the lobby to mark the time capsule, which will be sealed during the condo's monthly Happy Hour celebration on April 8.

Construction Law: Defective Construction Often an Insurance Issue - Courts divided over whether CGL policies cover property damage
Connecticut Law Tribune (March 7, 2011):(click here) Imagine the following scenario: you are a general contractor hired to construct a condominium complex. Your role is supervisory, since you enter into contacts for each aspect of the work with subcontractors. Unfortunately, as is so often the case on construction projects, mistakes are made - the flashing around the windows is installed backwards.

Covered Porch Violates Restrictive Covenants
CAI Law Reporter (February 2011):(click here) Architectural Control/Covenants Enforcement: A North Carolina appeals court upheld a directed verdict that a homeowner was subject to injunction and liable for fines and attorney's fees because the covered porch he constructed on his lot did not have the prior written approval of the homeowners association and violated size restrictions contained in the declaration.

HOAs Can Breathe Easy as Federal Agency Revises Proposed Rule on Transfer Fees
Washington Post (February 11, 2011):(click here) Thousands of homeowner associations and condominiums across the country just sidestepped a potentially costly problem. Earlier this month, a federal agency backed off a controversial plan to make obtaining mortgages in their communities much more difficult and to dry up a key source of revenue that associations use to pay for improvements and property maintenance.

Association Not Liable for Owner's Death by Drowning
CAI Law Reporter (February 2011 ) (click here) Risks and Liabilities/Miscellaneous Association Problems: An Ohio appeals court upheld a ruling that a condominium association's installation of surveillance cameras did not constitute an assumption of duty to protect residents from the dangers of using the condominium's swimming pool.

No Letup in Building Collapse Fears with New Snowstorm on Horizon
Hartford Courant (February 5, 2011):(click here) In Cromwell, a few dozen people are still staying with family, friends and booking hotels after they were evacuated from their homes at Cromwell Gardens, a condominium complex off Route 3. Bob Schufer, president of the Cromwell Gardens Association, said the residents of one building were allowed back around 4 p.m. Saturday. The second building is still closed.

All This Snow is Not Necessarily Good for Plow Businesses
The Hour (January 31, 2011):(click here) With all the snow that has fallen in southwestern Connecticut this month, you would think the local snowplow businesses are raking it in hand over fist. That, however, is not always the case. Many snowplow businesses have contracts with clients whereby they are paid by the season. One snowfall or 10 snowfalls, same paycheck.




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