The National Institute of Standards and Technology (NIST) on Wednesday announced that it has established a team of experts to investigate the collapse of the Champlain Towers South condominium building. Read the entire article……………………………….
Camas and Lacamas Shores HOA receive notice of citizens intent to sue via federal Clean Water Act (WA)
Steve Bang’s patience has finally run out. After seven years of discussions with the Lacamas Shores Homeowners Association (LSHOA), city of Camas staff, council members, and state representatives and agencies, Bang’s attorneys at Plauché & Carr LLP sent a notice of intent to sue for violating federal clean water standards. Read the entire article……………………………….
Megan’s Law HOA Disclosures Regarding Registered Sex Offenders – Proceed with Caution! (CA)
Megan’s Law is a federal law that permits authorities to release information about registered sex offenders (“Registered Offender”). California has a database of Registered Offenders available for public viewing on the internet (see www.meganslaw.ca.gov). Searches can be done by a Registered Offender’s name, or by city, zip or within a predetermined radius of a selected […]
Understanding the Zoning Ordinances That May Impact Your Community
There are hundreds of zoning ordinances in effect in many municipalities across the United States, including the city and county you live in. They cover a wide range of architectural, health, and safety standards that can help your homeowners’ association (HOA) protect and enhance its property values. While HOAs aren’t responsible for creating these ordinances, […]
What Do You Mean I Can’t Place the List of Delinquent Homeowners on the Clubhouse Door? (NC)
Whether you are a board member or a property manager for a community association (“Association”), you have probably dealt with owners that fail to pay their assessments, and whose accounts need to be referred for collection. Read the entire article……………………………….
What Federal Government Policies on Equity Mean for Community Associations
On January 20, President Joe Biden signed an executive order directing all federal agencies to advance equity. What is equity, and how will the executive order impact community associations? President Biden’s executive order defines equity as “the consistent and systemic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities […]
Lending updates: Federally backed mortgage rules tighten for condos in vacation areas
New requirements from Fannie Mae and Freddie Mac that went into effect in December and February, respectively, will make it more difficult for condominiums in resort-like communities to secure certain federally backed mortgages, writes The Wall Street Journal. Read the article……………………………..
IRS on Homeowner Associations
A membership organization formed by a real estate developer to own and maintain common green areas, streets, and sidewalks and to enforce covenants to preserve the appearance of the development may be exempt as a social welfare organization if it is operated for the benefit of all the residents of the community. Read the article………………………………..
FCC Continues to Undercut Local Authority on OTARD
The FCC’s over-the-air reception devices (known as OTARD) rules (47 C.F.R. §1.4000) limit local governments’, homeowner associations’ and condominium boards’ oversight authority over certain antennas and satellite dishes for certain size specifications. In the Primary Purpose Report and Order released on Jan. 7, the FCC expanded its rules to eliminate the primary purpose test used […]
New Laws Regarding Emotional Support Animals (FL)
Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle a […]
The FHA, ADA, & Community Associations: What Boards Need To Know (Part 2) (NC)
In a recent article, we began our discussion of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) as they relate to community associations. A large part of understanding the FHA and ADA is knowing who they protect, the provisions of those protections and what housing providers such as homeowner’s associations must […]
HOA Collections And The Fair Debt Collection Practices Act
HOA dues collection can be a chore, which is why many HOAs turn to third parties for assistance. When it comes to collecting dues, though, it is important to stay compliant with the federal Fair Debt Collection Practices Act. Read the article…………………………………
Homeowner’s Association Denied Tax Exempt Status
A homeowner’s association doesn’t qualify for tax-exempt status because it’s operated primarily to benefit the owners of condominium units and not to benefit the social welfare, the Internal Revenue Service said… Read the pertinent IRS section…………………………
Can An Association Limit Your Right to Bear Arms? (MI)
Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich […]
Management Not a Debt Collector
The Bateses lost their condominium through a nonjudicial foreclosure. They claim the condo complex’s management company and its law firm violated the Fair Debt Collection Practices Act, which generally defines “debt collectors” to cover parties who operate a “business the principal purpose of which is the collection of any debts” or who “regularly collect[] or […]
Homeowners Association Operator Ruled Not Tax-Exempt
The operator of a homeowners association doesn’t qualify for tax-exempt status because it doesn’t benefit the general welfare but instead furthers the interests of its members, the Internal Revenue Service said Read the PDF from IRS………………………………..
7th Cir. Rejects Plaintiff’s FDCPA Arguments Regarding ‘Consumer’ Debt
The U.S. Court of Appeals for the Seventh Circuit affirmed entry of judgment on the pleadings against a former condominium association board director’s claim that the association’s attorneys’ request for fees in a separate state court action filed by the association against the former director violated the federal Fair Debt Collection Practices Act (FDCPA). In […]
State agency rules against LI couple who let son play outside (NY)
The state Division of Human Rights has ruled against a Long Island family who said they were singled out and threatened by their condo association for letting their 4-year-old son play outside. State Human Rights Director William LaMot determined that South Shore Villas in West Babylon did not discriminate against Robert and Angelica Parker last […]
Federal law protects satellite dishes, but not HAM radio antennas, in deed-restricted communities (FL)
Q: I live in an association in San Antonio. I am a licensed HAM radio operator. Our HOA management company keeps sending me notices and assessing fines for a temporary antenna that fits on a PVC mast. Our HOA rules do not specifically ban antennas, but they mention that dish receivers must be attached to […]
Federal Rule Changes Impact Real Estate
The start of the New Year means new laws go into effect, many of which impact buyers, sellers, homeowners, and investors in real estate. This year, several new laws and regulations will make it easier for certain homebuyers to obtain financing, investors to obtain the insurance they need, and property owners to take advantage of […]
Resolving Satellite Dish Location Disputes: Sastin 2, LLC V Hemingway Association, Inc.
Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics. For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure. […]
Can and Should Homeowners Associations Regulate Flags?
Most of the time, Homeowners’ Association rules are pretty straight forward. Certain architectural restrictions are understood, fees are due a certain day, etc. However, there are a few times rules that affect issues that can be very sensitive for the community. One example is the homeowners’ ability to fly flags. What should be allowed that […]
The Secretary of State and Your HOA: How to Remain in Good Standing
Nearly all states require that HOAs organized as non-profit corporations file an annual report to the Secretary of State. Failure to do so can result in an association losing certain rights. Knowing what to file, when to file it, and whose responsibility it is to file are all vital to ensuring the association remains in […]
State laws govern HOAs in all Nevada communities
Q: I live in a homeowners association in Pahrump. I was appointed to the board on May 2018 and I resigned August 2019. I resigned because of the reckless and (uncaring) behavior of the other board members about the Nevada Revised Statute 116. The president said it twice — in an illegal closed meeting — […]
Associations must allow U.S. census workers access to their property (IL)
Q. The U.S. 2020 census is coming up. Does our homeowners association need to admit census workers to the property? Read the Q&A……………………………
Mid-Year Federal Policy Update
CAI’s Federal Legislative Action Committee (LAC) is the advocate for CAI member interests in Congress and with the Trump administration. While a divided government has slowed progress on significant legislation, the Federal LAC has been very active on key issues for community associations. Read the article………………………
Christian requirement at Northern Michigan resort illegal, federal government says (MI)
The federal government will oversee a Northern Michigan cottagers’ association that had required prospective cottage owners to be practicing Christians. The Bay View Association of the United Methodist Church, an idyllic resort near Petoskey, amended its bylaws last year after membership overwhelmingly rejected the requirement that only church-going Christians could join the association, required for […]
Protecting Your Home from Floods (NC)
The concept of flood zones has been changing as more areas which historically haven’t flooded have begun seeing more instances of water intrusion whether it be from rain, nearby bodies of water or a combination of both. There are more than 20,000 communities in the United States which have been placed into a category of […]
Regulation of Display of American and North Carolina Flags in HOA & Condominium Associations
Happy Fourth of July! It is the time of year when our firm gets many questions regarding the display of United States and North Carolina flags in their community associations. Summer is a popular time of year for sun, sand, BBQ cookouts, and for display of patriotism! In our experience, we have found that most […]
A New Regulation Looms Ahead (NY)
Elevator regulations are a big part of what dictates the safety and cost of elevators. In New York City, the Department of Buildings (DOB) is the regulator of elevators. As the result of an increase in elevator accidents, in part due to aging elevators, the DOB has added four new regulations. In 2009 the DOB […]
Arizona Homeowners Association and Hams Agree on Outdoor Antenna Guidelines
The Board of Directors of an antenna-restricted community in Arizona voted overwhelmingly in April to allow radio amateurs to erect certain outdoor antennas on their properties. Some 75 hams live in the 10,000-home Sun City Grand, a self-contained residential community for older adults. An article in the Grand Ham Newsletter by Gordon Bousman, NW7D, called […]
Pool Rules & Discrimination
A federal court has struck down, another restrictive pool use rule. On April 22, the Third Circuit Court of Appeals held that the A Country Place Condominiums in New Jersey violated the Fair Housing Act by implementing pool rules for male and female only swim times. By adopting a sex-segregated swim schedule, A Country Place […]
ACLU says Wixom ordinance that allows neighborhoods to ban political canvassers is illegal (MI)
Should a neighborhood association have the right to ban political canvassers? A city ordinance in Wixom allows them to do just that. Now the ACLU has filed a lawsuit saying the city and the neighborhood association are violating canvassers’ rights. “I wasn’t aware of the ordinance. I didn’t know what was going on. I was […]
Can an Association Be Held Liable for Discriminatory Conduct of Residents? (FL)
On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by its […]
Acceptance of Private Flood Insurance – Final Rule
Federal banking agencies issued a final rule, effective July 1, 2019, implementing the requirement in the Biggert-Waters Flood Insurance Reform Act (the “Act”) for the acceptance of private flood insurance on covered properties. The final rule largely mimics the proposal (which we addressed previously here), but with a few interesting revisions and additional details. Read […]
New Final Rule Offers Welcome Relief And Guidance On Private Flood Insurance Requirements
The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration and the National Credit Union Administration (the Agencies) recently released a final rule offering significant relief and guidance to institutions in connection with accepting private flood insurance for properties […]
HOA Homefront – Fair or unfair housing?
Q: I recently read your earlier article on Fair Housing laws being violated by homeowners associations trying to enforce state-mandated signs that prohibit children from using HOA pool and spa. Read the Q&A………………….
Impact of the Government Shutdown on Community Associations
The partial government shutdown impacts several federal agencies and programs important to community associations. Homeowners and buyers, board members, community managers, attorneys, and other business partners may notice delays in condominium loan certification, flood insurance policy changes, drone licensing approvals, and more. Read the article………………….
FCC Regulations for Satellite Dishes
In 1996, the FCC adopted the Over the Air Reception Device Rule, or OTARD rule. In short, the OTARD rule prohibits homeowners’ associations and condominium associations from placing restrictions on residents which impede the installation, maintenance, or use of satellite dishes, TV antennas, or wireless cable antennas. Read the article…………………..
HOA Homefront: California now has Fair Housing regulations – and sexual harassment is illegal
The federal Housing and Urban Development Department (HUD) adopted regulations in September 2016 which for the first time prohibited sexual harassment within housing accommodations. “Housing accommodations” in this context includes homeowner associations. These regulations thus far have not received widespread attention, but in California this will change soon. Read the article………………
Hurricane Florence: Will FEMA help your community?
As community association managers and boards of directors prepare their residents for Hurricane Florence, they are burdened with the knowledge that the Federal Emergency Management Agency likely will not be there to support disaster recovery in their community. That’s because FEMA classifies community association streets as private and won’t remove debris without prior approval. […]
Magnuson-Moss Warranty Act And Arbitration Agreements (FL)
Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”). The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written warranties by the entity providing […]
Congress Extends Flood Insurance Program Through November
The U.S. Senate has approved a short-term extension of the National Flood Insurance Program (NFIP) through November 30th. With the U.S. House of Representatives having already cleared the legislation, the measure now goes to President Trump for his signature into law. Read the article………………
Federal Laws Do Apply to Homeowner Associations
This brief summary is intended to acquaint you with the major federal laws that affect homeowner associations. For authoritative information on these laws, you should consult your state statutes and regulations, or your Association attorney. Read the article………………
Parity Act Options Open Despite Removal from Defense Authorization Act Conference Report
ARRL Hudson Division Director and ad hoc Legislative Advocacy Committee Chair Mike Lisenco, N2YBB, says removal of Amateur Radio Parity Act (HR 555) language from the National Defense Authorization Act (NDAA) Conference Report this week was unfortunate, but does not kill the initiative. The Parity Act would ask the FCC to grant radio amateurs living […]
Radio Parity Act Language Inserted In National Defense Authorization Act:
ARRL has praised the work of US Representatives Joe Courtney (D-CT/2), Vicky Hartzler (R-MO/4), and Mike Rogers (R-AL/3) for their successful efforts in securing language in the FY 2019 National Defense Authorization Act (NDAA) that asks the FCC to grant radio amateurs living in restricted communities the right to install effective outdoor antennas. Text from […]
The Dish On Satellite Dish Antennas: Interplay Between Community Association And Federal Communications Commission Regulations
As many people who live in communities operated by a community association know, one of the advantages, or disadvantages depending on who you ask, is that the association typically has the authority to regulate the improvements that are made by residents within the community. This authority will keep the purple house out of your neighborhood […]
Can an Association Restrict the Installation or Use of Satelite Dishes?
An association can adopt limited restrictions on the installation or use of satellite dishes. Federal regulations greatly restrict the ability of associations to regulate satellite dishes.[i] These regulations apply to owners of condominium units, single family homeowners, and their tenants. Read the article…………….