David Byrne

The Declaration

How are the elements of a community defined? How are the elements of a community defined? What determines the components of the common areas versus homeowner-owned areas? Where is it written that certain elements are the responsibility of the homeowner and others are the responsibility of the association? These issues and others are established in …

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Transitions What is a transition? According to attorney David J. Byrne, there are two types of transitions. The first, he said, is transition of control. The transition of control is when a community’s control is transferred from the sponsor to the developer during the sales process. The second, Byrne said, is the transition to responsibility, …

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Construction Defects

Construction Defects What is a construction defect and what should an association do if one is discovered? “A construction defect is a condition of a constructed item that exists in deviation from the applicable architectural drawings, applicable building codes, and/or applicable industry standards (manufacturer specifications),” said attorney David J. Byrne. The first thing an association …

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