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

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

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

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