March 16, 2026
Statute of Limitations: The first change is to the statute of limitations, for claims made by condominium owners against the condominium developer, from four years to two.
Pre-litigation notice and cure period: Before commencing litigation against a developer for construction defects, the condominium owner must provide written notice of the claim to the developer, and the developer has 3 months to cure the alleged defect. No lawsuit can be brought against the developer as long as the developer is diligently fixing the problem (assuming there is a legitimate problem).
Limit on a condominium association’s ability to commence litigation against a Developer: The statute has been revised to say that the Condominium Declaration may not provide the condominium association with the power to file suit. Any litigation may only be filed by the unit owners themselves.
Limit on Developer liability for litigation expense: The developer is no longer liable for the owners’ legal fees. This risk of legal fees forced many condominium developers to throw in the towel, admit liability and never again build any condominiums.
As a result of these changes, we’ve arrived at what I think is a renaissance of condominium development in Omaha. The law has been changed to make condominium development more profitable and less risky. The housing shortage in Omaha, especially starter homes, cries out for new condominiums. There’s an untapped market for condominiums in Omaha that shouldn’t be ignored.
Condo Development Opportunities in Nebraska
With recent changes to the Nebraska condominium law benefitting real estate developers, and a need for more housing in Omaha, there is an untapped market for condominium development. Here’s what the new law does for real estate developers:Statute of Limitations: The first change is to the statute of limitations, for claims made by condominium owners against the condominium developer, from four years to two.
Pre-litigation notice and cure period: Before commencing litigation against a developer for construction defects, the condominium owner must provide written notice of the claim to the developer, and the developer has 3 months to cure the alleged defect. No lawsuit can be brought against the developer as long as the developer is diligently fixing the problem (assuming there is a legitimate problem).
Limit on a condominium association’s ability to commence litigation against a Developer: The statute has been revised to say that the Condominium Declaration may not provide the condominium association with the power to file suit. Any litigation may only be filed by the unit owners themselves.
Limit on Developer liability for litigation expense: The developer is no longer liable for the owners’ legal fees. This risk of legal fees forced many condominium developers to throw in the towel, admit liability and never again build any condominiums.
As a result of these changes, we’ve arrived at what I think is a renaissance of condominium development in Omaha. The law has been changed to make condominium development more profitable and less risky. The housing shortage in Omaha, especially starter homes, cries out for new condominiums. There’s an untapped market for condominiums in Omaha that shouldn’t be ignored.
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