News & Insights

August 29, 2016

Nevada’s version of the Uniform Common Interest Ownership Act, known as N.R.S. 116, gives broad powers to homeowners’ associations (HOAs). Under N.R.S. 116 and Nevada case law, HOAs have the power to foreclose on members’ properties to collect unpaid HOA fees and assessments and have priority over all other creditors (including the holders of mortgages). These “super-priority lien” actions by HOAs have caused a flood of litigation in Nevada state and Federal courts, as N.R.S. 116 only requires an HOA to provide pre-foreclosure notice to lenders that have “opted in” to receive such notification. This ruling renders the “opt-in” provision of N.R.S. 116 unconstitutional and will not only impact future foreclosures, but might also give rise to further litigation of previous foreclosures where the lender was not provided notice....

August 11, 2016

A single construction defect claim often implicates a multitude of defendants. With numerous parties making cross-complaints, the defense of a construction defect claim is often costly, time consuming and, at times, chaotic. Defendants named in a construction defect claim try to seek indemnity and defense costs from the parties and their insurers, while developer and general contractor defendants often spend much of their time and expense simultaneously focusing on defeating or minimizing the plaintiff ’s claim and attempting to deflect liability and/or transfer the risk. ...

August 10, 2016

A recent growth spurt has prompted WSHB to relocate its New York office to a new location in Manhattan. The New York office has grown from 6 lawyers to over 25 lawyers since it opened in November 2013. The New York office is now located at 685 Third Avenue, 18th Floor, New York, NY 10017. The main phone number is (212) 999-7100. The fax number is (212) 999-7139....

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