California Governor Newsom Signed Senate Bill 326 – Helping HOAs

Governor Newsom recently signed Senate Bill 326, Civil Code Section 5986, effective January 1, 2020. The new law gives the HOA Board of Directors the authority to commence and pursue a claim, civil action, arbitration, or pre-litigation process pursuant to + read more

McKenzie Rhody Announces New Partner, Dan Ryan

McKenzie Rhody LLP–a leading national construction defect firm with offices throughout California, Colorado and Texas–is pleased to announce the promotion of attorney Dan Ryan to partner.  Since 2006, Dan’s career has focused exclusively on construction defect claims.  Dan has resolved + read more

Empowering Your Communities: Find It, Fix It, Fund It

by The Felix Reserve Group, McKenzie Rhody, LLP, Alliance Association Bank Knowledge is power. Information is liberating. Education is progress. ALL are powerful weapons, and we say, ALL can be FUN! Register today and join us for our “Find It, + read more

McKenzie Rhody Announces New Partner, Allan R. Mena

McKenzie Rhody LLP, Construction Defect Attorneys, announced on Monday, August 28,  Allan R. Mena as new partner. Mr. Mena leads the firm’s Texas offices. “Allan has done a great job over the last four years opening and running the Dallas + read more

Jill Nathman, 2016 Lifetime Achievement Award from the Community Associations Institute of Austin

We are proud to announce that Jill Nathman, director of client services at McKenzie Rhody, LLP, has been awarded the 2016 Lifetime Achievement Award from the Community Associations Institute of Austin.  This honor is only awarded periodically and is bestowed + read more

Are You Ready for the New Construction Defect Law

New Construction Defect Law Effective September 2015 Becoming effective on September 1, 2015, the Texas Legislature recently passed a construction defect law that is favorable for homebuilders. This law states that a condominium association must take major steps before filing + read more

Construction Defect Law. Is It The Wild West All Over Again?

This post was written by Chris Rhody, Esq., one of our founding members who has spent his entire legal career involved construction defect litigation.   Introduction: Construction Defect Law in Texas While many metropolitan areas recently suffered declines in residential + read more

Mckenzie Rhody Represented Local Couple After Wall Collapse

The story was originally reported by CBS Denver. McKenzie Rhody’s very own, Cass Mckenzie, was the lawyer representing the couple.  Read the full article here.   Construction Defect Law: A Client’s Story Recently, one of our clients was featured on local CBS + read more

Builders vs. Homeowners: Construction Defects Bill Promises Controversy

Low, Rob. “Builders vs. homeowners: Construction defects bill promises controversy” Fox 31 Denver, Februry 10, 2015. Video Link: click here DENVER — Condominium owner Jon Harris can’t walk in his own kitchen without fear of tiles cracking beneath his feet.  + read more

Insurance Won’t Cover Couple’s Destructive Wall Collapse

Low, Rob. “Insurance won’t cover couple’s destructive wall collapse.” Fox 31 Denver, January 22, 2015. Video link: click here DENVER — It’s a sight no homeowner wants to come home to: The north wall of their house gone, the + read more

Burlingame HOA president says siding concerns began a year ago

FEBRUARY, 18 2013 ANDRE SALVAIL THE ASPEN TIMES ASPEN CO COLORADO   ASPEN -The Burlingame Ranch Phase I Condominium Association’s board began taking up the issue of cracked exterior siding at the Aspen affordable-housing neighborhood about a year ago, the + read more

New Wall for Rivermist Neighborhood

It appears to be the beginning of the end for one Northwest San Antonio neighborhood’s drama-filled, turbulent journey. This month, builder and developer Centex completed a new rock-clad retaining wall between the Rivermist and Hills of Rivermist neighborhoods, and the + read more

Homeowners’ ability to sue subcontractors stirs debate

By John Rebchook, Rocky Mountain News — July 13, 2005 A Colorado Supreme Court decision provides a major victory to homeowners by allowing them ability to sue subcontractors for construction defects caused by negligence, said Denver attorney Cass McKenzie, who + read more

HOAs Claim Victory in Arbitration Case

By John Rebchook, Rocky Mountain News — November 29, 2005 The Colorado Supreme Court last month quietly let stand a Court of Appeals decision that HOAs cannot be forced into arbitration by builders and general contractors. “This is an important victory + read more

Excerpt from “Builders Pay the Price”

Rocky Mountain News 7-29-2008 When Sue Small paid about $175,000 for her town home in the Central Park development in Aurora in 2003, she was thrilled. “I was looking at a lot of single- family homes, but I kept going + read more

McKenzie Rhody & Hearn, LLC Announce Hiring of Jeff Higgins

Director of Client Services — January 5, 2009 Denver, CO – The law firm of McKenzie Rhody & Hearn have announced the hiring of Jeff Higgins as Director of Client Services.  In his position, Higgins will be responsible for client + read more

Recently, McKenzie Rhody & Hearn (MRH) won an important ruling in the Colorado Supreme Court

Recently, McKenzie Rhody & Hearn (MRH) won an important ruling in the Colorado Supreme Court that protects the rights of homeowners associations and individual homeowners to pursue claims for construction defects. The case, A.C. Excavating et al. v. Yacht Club + read more

CAI Law Reporter

February 2009

Federal Law and Legislation: The Fair Housing Act does not protect against religious persecution when it concerns a neutral law applied across the board, even if it disrupts religious beliefs.

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Denver condo-complex HOA wins judgment for defects

The 40 Madison Homeowners Association in Cherry Creek has been awarded a $4 million judgment in Denver District Court to pay for construction defects at the 27-unit condominium complex. The judgment, which will be paid by Madison Garden LLC, J&N + read more

Defining Substantial Completion in Construction Defect Actions

In general, Colorado law imposes a six-year statute of repose for bringing an action against various parties involved in the construction process, for defects related to their work. The statute is triggered when the project (whether initial construction or subsequent + read more

The “Turnover Release”- Avoiding Treacherous Waters

While not new, the “Turnover Release” is a situation that poses serious risks for both associations and their managers. The firm has recently run into this issue in several cases while representing homeowners associations with claims against their builders because + read more

Amending the Declaration to Remove an Arbitration Provision

In our practice representing associations in construction defect actions, we are seeing an increase in governing documents containing mandatory arbitration provisions attempting to restrict the HOA’s right to pursue its claims in court. These provisions have been inserted into the + read more

Mckenzie Rhody & Hearn Wins Second Important Supreme Court Victory

The Supreme Court has declined to review a Court of Appeals ruling that upheld a homeowners association’s right to litigate its construction defect claims against a builder and general contractor in court. By declining to review the lower court decision, + read more

Mealey’s Construction Defect Super Conference

November 7, 2007 – Las Vegas Chris Rhody, Esq. McKenzie Rhody & Hearn, LLC 1400 16th Street, Suite 210 Denver, CO 303.561.4750 Colorado’s Notice of Claim Process – Issues & Analysis A. Overview of Process Colorado’s right-to-repair statue is + read more

McKenzie Rhody & Hearn Secures Favorable Ruling On “Actual Damages” Issue

In 2001, the Colorado General Assembly passed the Construction Defect Action Reform Act (CDARA), which was intended to preserve adequate rights and remedies for property owners who bring and maintain construction defect actions. In 2003, the Colorado legislature expanded CDARA + read more