Every condominium association is initially created by a developer, who controls the association during the beginning of the development period. During that time, the developer operates the association, but also is in the business of selling units. Because the developer wants to protect its investment, the developer makes certain...
Developer Transition
Association Files Lawsuit Against Developer for Construction Defects
A condominium association in central Ohio recently filed a lawsuit against its developer for substantial construction defects. The association, represented by Kaman & Cusimano, filed the lawsuit to address substantial water intrusion issues throughout the condominium property. The Columbus Dispatch recently ran a story on the lawsuit, including comments by partner...
Transition Study, Reserve Study. What’s the Difference?
Most board members understand what a reserve study is and the beneficial role it plays in managing the financial future of the community association. Another study that comes up for recently constructed associations and is equally as important is the transition study. A reserve study analyzes the capital items...
Successfully obtained a monetary settlement from developer failing to perform work.
An association filed a lawsuit against its developer for failing to complete a project to install breakwaters in Lake Erie and form a private beach for the association’s residents. Kaman & Cusimano successfully negotiated a settlement whereby the developer agreed to pay the association its share of the anticipated...
K&C obtains settlement where the developer agrees to convey all common element roads and open spaces to the HOA
An association filed a lawsuit against its developer as a result of its failure to transfer the common elements to the association. Kaman & Cusimano successfully negotiated a settlement with the developer whereby he transferred to common element parcels to the association and paid all outstanding taxes on the...