On September 22, 2026, the IRS issued Notice 2026-55, requesting public comments on whether qualified opportunity funds (QOFs) and qualified opportunity zone businesses (QOZBs) that develop and sell single-family homes should be permitted to defer tax on gains from interim inventory sales when those…
Introduction On June 23, 2026, the U.S. Congress passed an amended version of H.R. 6644, The 21st Century ROAD to Housing Act (the Act). The final Act still needs to receive a signature from the President before passage; however, if…
A recent article in the Wall Street Journal (“Home Builders Are Getting Buried in Claims of Shoddy Construction”) highlighted the growing wave of construction defect litigation facing homebuilders and developers across the country. Rising insurance costs, increasingly aggressive litigation strategies,…
When we prepare governance documents for mixed-use projects—particularly those with meaningful commercial components intended for conveyance to an unrelated third-party or long-term lessee—we are operating in a different environment than a traditional residential regime. The delta is not merely structural;…
The American housing market is once again at a crossroads. Affordability challenges, limited supply, fluctuating interest rates, and rising investor activity dominate headlines and fuel lively policy debates. On January 20, 2026, President Trump added a new layer to this…
In May, the Colorado General Assembly enacted H.B. 25-1272—the American Dream Act—to address one of the state’s most persistent housing challenges: the shortage of attainable, for-sale condominiums. For more than a decade, Colorado’s for-sale multifamily market has struggled under the…
When a developer encounters a landowner unwilling—or unable—to convey fee title, the project doesn’t have to stop. In Texas and other jurisdictions following the Uniform Condominium Act, the leasehold condominium provides a practical and financeable alternative for structuring mixed-use, residential,…
Most of us think of “architecture” as building design—the creative and technical work that shapes the spaces we inhabit. But community governance has an architecture too. Just as a building’s structure determines how people move through and use it, a…
A new article by Winstead Shareholder Bob Burton, featured in Texas Builder magazine published by the Texas Association of Builders, discusses Texas House Bill 1455. This 2015 law established a practical framework for resolving construction defects in condominiums, benefiting all parties by encouraging settlement…
The U.S. Department of Housing and Urban Development (HUD) has issued Mortgagee Letter 2025-09, which updates the residency requirements for borrowers seeking Federal Housing Authority (FHA) insured financing. These changes take effect on May 25, 2025, and require that the…
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