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Don’t forget your Declaration: Appeals Court confirms necessity of the Declaration and Covenants in collection actions (IL)

The First District Appellate Court confirmed that Associations must be careful to enter their Declaration and Covenants regarding Assessment default into the record in a lawsuit to collect Assessments. In Blackstone Condominium Association v. Speights-Carnegie, (Feb. 3, 2017), the Appellate

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After the Spanish Court case: Limits of Board authority to maintain collection action highlighted in recent appellate court opinion

In the recent case of 4934 Forrestville Condominium Association v. McKinley, the First District Appellate Court held in the context of an Association’s action to collect delinquent assessments under the Illinois Forcible Entry and Detainer Act, that a Unit Owner’s

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House of Delegates Passes Legislation Requiring Periodic Reserve Studies (MD)

By a vote of 135-1, the Maryland House of Delegates has passed House Bill 651, which would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas. As discussed in an earlier post, the

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Eagle Mountain Ranches HOA lawsuit decision of $14M in damages brings both sides to the table (UT)

When the Eagle Mountain Ranches Master Homeowner’s Association lost the lawsuit brought against it in March, many residents belonging to the association cheered.  The lawsuit, filed by the Willow Springs, Cold Springs and Rock Creek HOAs, was decided in their

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2017 Maryland Condo and HOA Legislation–The Home Stretch

Two weeks until the 2017 Maryland legislative session ends on April 10. Several bills affecting condominium and homeowner associations are still under consideration.   Read the article………….

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Condo’s and the Environment (NJ)

GREG RENEE MATEJEK v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION CLAREMONT HILLS PARCEL TWO CONDOMINIUM ASSOCIATION The facts as found by the trial judge at the conclusion of a bench trial are relatively simple. Briefly, oil was discovered on the

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House of Delegates Passes Bill To Reduce The Votes Required To Amend Bylaws (MD)

By a vote of 135-0, the Maryland House of Delegates has passed legislation that would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws may only be amended

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Bill would delete ‘proper purpose’ requirement to see condo records (IL)

Requiring unit owners to have “proper purpose” for seeing records of their condominium association may have been needed to protect privacy but, says a supporter of a bill in the Illinois House of Representatives, it has evolved and now “individuals

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HOA Losing Tree Trimming CC&R Properly Hit With $200,000 In Fees And $20,621.15 In Costs

We have explained that HOA – homeowner disputes can be costly. Especially where one party prevails, in this case the homeowner. In Lingenbrink v. Del Rayo Estates Homeowners Assn., Case No. D070966 (4th Dist., Div. 1 Mar. 22, 2017) (unpublished),

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Marijuana Statute (MA) Raises Questions about Condo Insurance Coverage and Employment Rules

Proponents of the new state law permitting recreational use of marijuana, and the voters who approved it, viewed the measure as a long overdue move to put marijuana in the same category as alcoholic beverages ? no more or less

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House of Delegates Passes Registration Requirement for Condos, HOAs and Coops

The Maryland House of Delegates, by a vote of 99- 39, has passed House Bill 41, which would require residential condominiums, homeowner associations and cooperative housing corporations to register annually with the Maryland Department of Assessments and Taxation. The proposed

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Why Stopping (FL) SB 398 Should Be a Bigger Priority for Community Associations

Each year, our elected state representatives and senators meet in Tallahassee for a legislative session where they review and debate an extensive amount of proposed bills, only to send a few of those bills to the governor to be signed

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Proposed Maryland Law Would Permit HOAs To Collect A Fee For Resale Inspections

House Bill 34 in the Maryland General Assembly would give homeowner associations the right to collect a fee relating to inspections during the resale process. The proposed law would entitle an HOA to charge “a reasonable fee not to exceed

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Battle Over Pesticide Spraying Heads to Court (IL)

A man with an autoimmune disorder claims his condition worsened after his homeowner’s association refused to stop spraying dangerous pesticides and threatened to increase spraying near his condominium.  An anonymous plaintiff sued Rob Roy Country Club Village Association, its board

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HOA Revisions (UT)

This bill amends provisions related to condominium and community associations.  Highlighted Provisions:  This bill: provides that a condominium or community association shall comply with certain requirements before bringing a legal action against a declarant, a management committee or board of

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Colorado finally corrects thirty-year old flaw in construction defect statute of repose

The Colorado Supreme Court has finally settled a decades-old conundrum surrounding the state’s construction defect statute of repose.  A statute of repose is similar to a statute of limitations insofar as both restrict the time a party can bring a

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New law sets fee limits on condo resale documents (MD)

In the 2016 session of the Maryland General Assembly, legislation under House Bill 1192 was passed that alters the contents of required disclosures, authorizes additional fees, and sets limits on fees that may be charged to a seller by a

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Long Canyon Phase II and III Homeowners Assoc. v. Cashion, 03-15-00498-CV (TexApp Dist 03/03/2017)

Appellant, a homeowners association, alleged in a letter to owners Chris and Lisa Cashion that the Cashions damaged a drainage easement. The letter, part of a long-standing dispute, threatened fines and a lawsuit. The Cashions responded by suing for harassment,

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Condominium Associations May Recoup Insurance Deductibles

One of the largest line items in any condominium association’s budget is its insurance premium. Condominium associations are required, pursuant to their governing documents, to carry adequate property insurance to address common elements (and in many cases, unit owners’ improvements),

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Miami-Dade-backed legislation cracking down on ‘rogue’ condo associations advances (FL)

A plan from Miami-Dade lawmakers to penalize fraud and abuse in condominium associations earned unanimous initial approval in House and Senate committees this week.  The bills, most notably, impose new criminal penalties for falsifying association documents, committing fraud in association

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Why Colorado lawmakers hope this is the year to solve the affordable condo crisis

This much perhaps everyone can agree on: Colorado is in an affordable housing crisis, whether you live on the Front Range, Western Slope or the Eastern Plains. Affordable housing is almost a myth, with rents in Denver for a one-bedroom

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Court Upholds Association Revocation of Parking Privileges (NJ)

A New Jersey trial court has upheld the suspension of parking privileges against a delinquent condominium owner. In this case, the condominium association adopted a Resolution – based on authority from the governing documents – that revoked parking privileges for

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MD General Assembly Considers Bill To Require Written Policies For Homeowner Association Payment Plans

Senate Bill 1115, filed in the Maryland General Assembly, would require homeowner associations to adopt a written policy if it permits payment plans for homeowner fees and other charges. The new law would add Section 11-114.1 to the Maryland Homeowner

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Airbnb Gone Wild? Decision Clarifies Rules on Short-Term Condo Rentals

The ruling came from the Florida Second District Court of Appeal in the case of Le Scampi Condominium Association v. Hall. Le Scampi had petitioned the lower court for injunctive relief against the unit owners to prevent them from leasing

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Liability of Condo Associations for Damages Caused by Failure of the Common Elements

As a practitioner for many years in the area of association law, I have been aware of a long-standing difference of opinion among association attorneys as to the obligation of a condominium association to pay for damages caused to the

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Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”

In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Assn’     No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute “property

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CALL Alert for March 20, 2017 (FL)

Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure

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(CO) Grantham: Don’t call new construction defects bill a ‘compromise’

Senate President Kevin Grantham tossed some cold water this weekend on the bipartisan backslapping that greeted the introduction of a new bill aimed at resolving longstanding tensions over construction defects litigation policy and spurring moribund condominium construction across the state.

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Homeowner consent bill introduced in House as latest salvo in construction defects battle (CO)

Yet another attempt to reform Colorado’s construction defects statute has been introduced in the legislature, this time a bipartisan bill that would require majority approval by homeowners to initiate a legal action against a builder rather than leaving that decision

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Lawmakers introduce bipartisan compromise bill to tackle construction defects issues (CO)

A bipartisan group of legislators introduced a compromise bill late Friday aimed at encouraging developers to build condominium projects while preserving the right of homeowners to have their day in court.  The legislation arrives at the end of a week

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Condominium Association’s Right to an Easement (MI)

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not in some way encumbered by an easement. An easement is an ownership interest in real property that grants the holder

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State Senate Bill Would Authorize Common Element Restrictions On Delinquent Unit Owners (MD)

Senate Bill 529 in the Maryland General Assembly would authorize condominiums to restrict the use of common elements by unit owners who are delinquent in paying assessments. The proposed law would add new subsection 11-104(e) to the Maryland Condominium Act

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Association Deficits Don’t Excuse Developer From Funding HOA Reserves (FL)

For the developer of the Sullivan Ranch community in Mount Dora north of Orlando, it appears that its decision to stop funding reserves after it established the account and began funding it in 2007 has significantly backfired. The Fifth District

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Rulings Clarify Application of Safe Harbor Caps on Association Dues” (FL)

In Brittany’s Place Condominium Association v. U.S. Bank, the Second District Court of Appeal settled some lingering questions as to whether a lender or servicer that takes title to a residence via a mortgage foreclosure must also be the current

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Don’t forget your Declaration: Appeals Court confirms necessity of the Declaration and Covenants in collection actions

The First District Appellate Court confirmed that Associations must be careful to enter their Declaration and Covenants regarding Assessment default into the record in a lawsuit to collect Assessments. In Blackstone Condominium Association v. Speights-Carnegie, (Feb. 3, 2017), the Appellate

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Senate Bill Seeks to Criminalize Certain Violations of the Condominium Act (FL)

Florida’s 2017 legislative session is well under way and we are already seeing a slew of bills directed at community associations. One bill in particular should alarm anyone working with or serving on a condominium association board of directors. Senate

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Two’s Company, but Three’s a Crowd: A Third Parties Right to Intervene in a Foreclosure Lawsuit

Are subsequent title holders who obtain an interest in real property during the pendency of a foreclosure lawsuit where a lis pendens has been properly recorded (referred to as a “Purchaser Pendente Lite”), entitled to join in the lawsuit to

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Proposed Legislation Would Require Condominiums To Give Unit Owners Notice Of A Sale Or Lien Affecting A Common Element

Senate Bill 809 and House Bill 1369, now pending in the Maryland General Assembly, would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of

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State lawmakers plan public hearing on HOAs on Oct. 29 in Horry County (SC)

Is your homeowner’s association harassing you over the state of your landscaping?  Does your HOA shield its finances from view? Are you an HOA?board member concerned about possible changes in state law?   If you answered “yes” to any of

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Colorado construction-defects reform centerpiece assigned to ‘kill committee’ (CO)

House Speaker Crisanta Duran assigned the business community’s centerpiece construction-defects reform bill late Tuesday to the so-called “kill committee,” disappointing backers and sponsors of Senate Bill 156 and refocusing efforts on a yet-to-be-introduced successor bill that deals with fewer of

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Recovery of Attorneys Fees in Litigation

One of the first questions we are asked at the outset of litigation on behalf of a condominium association is whether the attorneys’ fees we will generate are recoverable from the opposing party. The answer to that question depends on

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Senate bill would give 421a to far more condo developers

A budget proposal from the New York State Senate would greatly increase the number of tax exempt condominium projects in the outerboroughs, confirming the fears of Mayor Bill de Blasio and other city officials that such developments could creep back

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2017 Legislative Update (OR/WA)

Oregon and Washington law makers are in session. There are several proposed house and senate bills which impact condominium and homeowner associations. Here’s a brief summary, along with links to review the language of the proposed legislation.     Read the

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Death of Democratic construction-defects bill refocuses effort on comprehensive reform (CO)

A Colorado Senate committee on Monday killed a construction-defects reform bill described by its author as a compromise measure to untangle the state’s year’s long battle over laws that many argue thwarting new development of affordable multi-family housing in Colorado.

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2017 Maryland Condo and HOA Legislation–What’s Hot and What’s Not

With the Maryland General Assembly now in the final month of the 2017 legislative session which ends on April 10, several bills regarding community associations are still under consideration. Other bills have died in committee. A bill must be passed

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2017 Utah Legislative Session – HOA/Developer Issues

HOAs have not come out unscathed by the 2017 Utah general legislative session, which ended yesterday, March 9. A new law was passed that requires an HOA to comply with rather onerous requirements before it may go after the developer

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ALLIED PROPERTY CASUALTY INSURANCE COMPANY v. METRO NORTH CONDOMINIUM ASSOCIATION

Allied Property and Casualty Insurance Company issued a commercial general liability policy insuring a subcontractor who worked on a multi-unit residential property owned by Metro North Condominium Association. In 2006 the Metro North property sustained extensive water damage caused by

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Attorney: Watch legislation involving condo living

Condominium associations should pay attention to the Florida legislative session, according to a local attorney.  Donna DiMaggio Berger, a shareholder at Becker & Poliakoff, said there are more than two dozen bills that could directly or indirectly impact condominiums and

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Maryland Legislature Considers Proposal To Reduce Votes Required To Amend Bylaws

House Bill 789, now pending in the Maryland General Assembly, would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws may only be amended upon a vote of

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Construction Defects and Insurance: Proactive Steps to Protect Your Community

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation

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