Metairie Louisiana Legal Blog

Overview of restrictive covenants

There may be an impression among Louisiana residents that homeowners associations are very bureaucratic in that they tell individual residents in subdivisions what they can and cannot do.

However, the power of these associations is only as extensive as are the restrictive covenants that they are charged with enforcing. Without legally binding restrictive covenants, the association really has no power to regulate a neighborhood's appearance or impose penalties on owners who do not comply.

Tornadoes, severe storms, strike Eastern Texas

As this blog has discussed before, Eastern Texas and Louisiana, as well as other parts of the South and the Central States, have been hard hit by tornados and other severe weather this spring.

In one of the latest outbreaks, serious storm damage was reported in a town east of the greater Dallas area. While thankfully there were no serious physical injuries, property damage in the town was reported. A tornado had been seen in the general vicinity prior to the damage.

Texas, Louisiana are both tornado prone in 2019

Both Texas and Louisiana have had a rough start to this year's spring tornado season, with both states on the list of the top ten states with the most confirmed tornados thus far this year.

As of May 6, Texas has experienced 62 tornados, while Louisiana has had 28. As those who live in these areas know, tornados pack very high winds, sometimes approaching or even exceeding 200 miles per hour. Not surprisingly, even commercial buildings can sustain significant damage in a strong tornado.

Guarding against wind damage to your commercial property

Winds from hurricanes and other severe storm systems can cause devastating effects to your commercial property within minutes, with the potential to seriously disrupt your business. What can commercial property owners do to combat this threat?

In April alone, Louisiana suffered several severe weather events that produced damaging high winds, hail, heavy rain and more. With the spring and summer storms that consistently work their way into Louisiana, now is a fitting time to assess your options to guard against serious wind damage to your roof, windows, building structure and more.

Why does it matter whether wind or water damaged my property?

As those who live on the Louisiana and Texas coasts know, hurricanes and even strong tropical storms can cause damage in a variety of ways. The more intense the hurricane, the faster the wind blows, and therefore the more likely it will be that property sustains wind damage.

On the other hand, hurricanes also dump a lot of rain on the areas they hit, sometimes leaving feet of water in their wake. Moreover, given the storm's so-called surge, severe coastal flooding will also take place in a major storm.

Issues with hurricane deductibles

Many if not most homeowners and commercial property owners who have purchased insurance to protect their property may have what is called a deductible. To summarize, a deductible is a certain amount of money, say $1,000, that the owner agrees to chip in should he or she need to file an insurance claim.

So, if a person with a $1,000 deductible files a property insurance claim ultimately worth $10,000, the insurance company will pay $9,000, the value of the claim less the deductible. Even though it may require them to chip in to pay a part of their own damages, owners often prefer deductibles because they result in lower premiums.

Leaning condominium leads to lawsuit

A condominium that is supposedly leaning by three inches has prompted the general contractor on the project to file suit against the property developer.

The lawsuit alleges that the high-rise condominium, which spans almost 60 stories, leans because of the fact that the project developer took shortcuts when laying foundation for the building. Specifically, the developer allegedly saved $6 million by not driving piles to reinforce the soil underneath the foundation.

Early outlook for the 2019 hurricane season is hopeful

After a couple of rough years, early predictions from experts who annually put out a hurricane forecast have indicated that the hurricane season of 2019, which starts June 1, will be relatively quiet.

Based on the preliminary information they have right now, researchers at a major university believe the most likely outcome for the 2019 hurricane season will be about 10 or so storms that reach tropical storm strength, meaning winds between 40 miles per hour and over 70 miles per hour. The researchers only expect a handful of hurricanes, with perhaps a couple reaching the status of major hurricane.

Helping contractors enjoy the New Orleans housing boom

Right now, the area in and around the Big Easy is experiencing a spike in new construction projects. In particular, new condominium develops are popping up all over the greater New Orleans area.

In a perfect world, a high demand for new construction can lead to economic prosperity for contractors and others in the business. However, with high demand also comes a tendency for subcontractors and others to rush their work so as to move on to the next job.

What damage does wind cause to a home?

Many homes in Louisiana are now built to withstand wind better. You can apply for tax deductions when you install these improvements. However, your home may not have these features, and even if it does, your home may still sustain damage in a hurricane.

Here are the ways wind can damage your home and how it can be repaired.

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To speak with me, attorney Robert Diliberto, call my office in Metairie, Louisiana, at 504-867-6947. You also can connect with me through my website.

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Metairie, Louisiana 70001

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