News & Publications

The Garrett's purchased their property in the HOA in 2001. The CCR's required an owner to obtain the approval of the architectural control committee ("ACC") before doing any construction on the property. The Garrett's submitted plans to build a pool in their backyard, but the original plans were rejected by the ACC because the plans "were too vague and because professional plans are required for such a large project." The Garrett's then resubmitted professional plans [...]

In 2002, the New York Legislature passed the Prompt Pay Act1, whose stated purpose is to promote timely payment to construction industry contractors and subcontractors.2 The Prompt Pay Act applies to "all contracts exceeding $150,000 to construct, reconstruct, alter, maintain, move or demolish any building, structure or improvement, or otherwise excavate, develop or improve land within New York."3 The Prompt Pay Act, when read together with the New YorkLien Law, facilitates prompt payment to contractors. The Act's legislative purpose is [...]

On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention's latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential tenants in counties experiencing high levels of community transmission of COVID-19, claiming that mass evictions would exacerbate the spread. The Alabama Association of Realtors, among other plaintiffs, applied to the Supreme Court to challenge this new moratorium. The plaintiffs had originally [...]