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Michigan COA rules that Condo Association’s Insurance Policy may cover water damage resulting from construction defects

In Walters Beach Condominium Association v Home-Owners Insurance Company, unpublished opinion of the Court of Appeals, issued November 16, 2017 (Docket No. 335172), the Michigan Court of Appeals held that water damage caused by construction defects may be covered under

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HOA Homefront: What Sacramento did for (or is it to?) HOAs in 2017 (Part 2)

Last week’s column addressed three bills recently passed into law by Gov. Jerry Brown and the California Assembly: Senate bill 2, Assembly bill 534 and AB 1412. Today’s column will tackle three other significant bills, SB 407, AB 634, and

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Homeowner Association Not Bound by Buyers’ Arbitration Agreement With Builder

Claims by a homeowner association against a developer are not subject to arbitration agreements between the developer and individual homeowners, where the claims are pressed on the association’s own behalf, a New Jersey appeals court ruled Thursday in a published

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What’s New in Washington, D.C.

The news continues to keep us up-to-date on what’s happening here in Washington, D.C.; including scandals, Tweets, and the latest contention between the Democrats and Republicans. The one popular issue making headlines that directly impacts the community association housing model

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Miami Beach Commercial Condominium Unit Owners Embroiled in Legal Battles

Now, Tequila Chicas and the owners of some of the units, including those occupied by the Mexican restaurant, have sued the condominium association and the owners of other units, some of whom sit on the condo board. The plaintiffs allege

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New Legal Remedies Against Director Conflicts of Interest for Associations (FL)

In the pursuit of association fraud and embezzlement, one of the most important aspects of the major legislation that was adopted earlier this year is the law’s effort to curb conflicts of interest by association board members and officers.  The

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Tigger mailbox must go, Pa. court rules

Everybody loves Tigger, right?  After all, as Tigger himself says, “The wonderful thing about Tiggers is Tiggers are wonderful things!”  Well, Tigger, that bouncy striped friend of Winnie-the-Pooh, has no friend in the Laurel Oaks Homeowners Association in Bucks County. 

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HOA Homefront: What Sacramento did for HOAs in 2017 – Part 1

The California Legislature was quite active this year in creating laws affecting homeowners associations, as six bills take effect in 2018. This column will address three and next week’s column will address the other three.    Read the article……………..

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Nevada’s Clarification Regarding a HOA’s Representational Standing

On September 27, 2017, the Nevada Supreme Court issued a decision clarifying the prior version of NRS 116.3102(1)(d)1, under which numerous construction defect cases are pending in Nevada. NRS 116.3102(1)(d), at the time the Complaint was filed, allowed homeowners associations

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Sandestin Resort Lawsuit Settled (FL)

For years, Sandestin Investments and it’s founder have been battling back and forth with the Homeowner’s Association at the popular resort. However, one of the battles may soon be over.  The ongoing dispute between the Sandestin Homeowners Association and Sandestin

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Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC (MA)

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the Cambridge Point Condominium (“Condominium”) Trust filed an

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Proposed DPH Pest Control Requirements Are Confusing, Costly and Burdensome for Condos (MA)

Anyone who tracks legislation and regulations affecting condominiums has to wonder if lawmakers and regulators understand what condos are and how they operate. Proposed revisions to the state Sanitary Code demonstrate once again that they do not.  The Department of

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Amended Illinois condo law has some concerned about privacy

Q: I am a unit owner in a condominium association and recently received a letter from the management company advising unit owners that the Illinois Condominium Property Act has been amended to allow any unit owners to request telephone and

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Washington Appellate Court: Condominium Bylaws Amendment Is Invalid

A recent Washington unpublished opinion concerned the amendment of a condominium association’s bylaws.  The condominium’s declaration stated that amending the bylaws required the approval of a majority of the unit owners.  The bylaws were amended in 2015 without the approval

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Cuomo Signs Bill Requiring HOAs To Open Books To Members (NY)

Gov. Andrew Cuomo signed a bill Oct. 23 that would if effect open the books of the state’s homeowners associations to its members. Senate bill S6648, and its Assembly version A3037B, relates to the not-for-profit corporation law.  It amends the

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Defending Unit Owner Lawsuits in Community Associations: A Step by Step Process (IL)

While being named as a defendant in a lawsuit is never ideal, community associations have a number of defense tactics available to prepare for the possibility of litigation. These defense measures may enable an association to avoid costly litigation and

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Santa Monica attorney to be reproved for unauthorized practice of law in Arizona

Santa Monica attorney Cynthia Ann Futter has been recommended for private reproval with public disclosure by the California State Bar following her 2015 discipline before the Arizona State Bar for unauthorized practice of law in that state, according to a

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2018 Maryland Legislative Hot Topics

2018 marks the last Maryland legislative session before statewide elections in November. With the entire General Assembly and Governor up for election, the legislature is expected to focus on many bills previously considered but not enacted.  For community associations, the

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What’s The Plural Of Condominium?

Wednesday’s post was entitled “Condominiums And The California Corporate Securities Law“. Today’s post concerns whether I used the proper plural form of “condominium”.  “Condominium” is derived from the Latin words, cum and dominium. Cum means with or together and dominium

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Community Associations Fighting Back Against ‘Zombie’ Homes (FL)

Zombies are fictional undead beings created from the reanimation of a human corpse popular in movies and on television. Unfortunately, many community associations are now finding themselves dealing with “zombie” homes. A zombie home is created by a lender which

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Defending Unit Owner Lawsuits in Community Associations: A Step by Step Process

While being named as a defendant in a lawsuit is never ideal, community associations have a number of defense tactics available to prepare for the possibility of litigation. These defense measures may enable an association to avoid costly litigation and

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And Your Association Thought Foreclosure Was Bad? The Consequences of Tax Sales & Tax Deeds For Community Associations (FL)

It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process. However, before the association can foreclose its lien and

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Michigan Court of Appeals rules that modular home violates restrictive covenants

In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated home violated the restrictive covenants in the Timber Ridge

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Short Term Rentals Coming Soon to Montgomery County, Maryland

Short term rentals will soon be allowed in all residential areas of Montgomery County, Maryland. A home rented on a daily or weekly basis is often referred to as an AirBnb–which is the dominant online booking web site for short

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Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting

The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is

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Emotional Support Animal scams – good news from the Eastern District of Texas

The October 17, 2017 decision by Judge Amos Mazzant of the Eastern District of Texas in Houston v. DTN Operating Company et al., 2017 WL 4653246 (E.D.Tex 2017) is good news for landlords confronted by bogus internet diagnoses of disability.

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Is your Resale Certificate up-to-date? (VA)

If there is one thing we seem to be able to count on from the Virginia General Assembly, its frequent amendments to the statutes regarding association resale certificates and 2017 was no exception.  Under the “News You Can Use” section

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New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known

Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No.

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Condo board’s crusade against Savanna principals struck down by state’s top court (NY)

New York State’s highest court shot down a Williamsburg condominium board’s effort to directly sue the principals of Savanna Real Estate, in a move that further enforces the protections created by limited liability companies.   Read the article…………….

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Unit Fire Increases Association Insurance Premiums

What happens when a fire caused within a condominium unit destroys that unit, some common area, and damages other units? It becomes an expensive situation for the association. Even though insurance should pay for all of the damages, the association’s

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Insurance Carriers Exclude Color Matching Requirements from Policies

The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.  Things are not always black

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The Limits Of Exclusive Use Rights In Condominium Common Areas (MA)

It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks, driveways, garages, attics, and similar

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Court Confirms Condo Board Member’s ‘Unfettered’ Rights to Access Books, Records (NY)

As litigants and lawyers have discovered the efficacy of enforcing statutory and common-law books-and-records access rights through summary proceedings, this trend has spread not only to the residential cooperative corporation context but also to an even more popular form of

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Resolving Condominium Construction Defect Claims in Wash. DC

Newly constructed and newly converted condominiums in Washington DC (District of Columbia) often contain concealed or “latent” construction defects. Left undetected and unrepaired, defects in the construction of a condominium can cause extensive damage over time, requiring associations to assess

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Santander Condominium Association, Inc. v. AA Construction 1 Corp., N.J. Super. App. Div.

Respondent hired nonparty to repair the façade of a condominium building on its property; the non-party subsequently entered into a subcontract with appellant to perform the work. Upon termination of the contract, appellant sought a demand for the unpaid balance

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Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in particular for a restrictive covenant imposing a rental cap

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Insurance Carriers Exclude Color Matching Requirements from Policies

The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.  Things are not always black

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In Case You Missed It: What You Should Know About the Radburn Bill (Webinar Video) (NJ)

On August 22, 2017 and September 13, 2017, Hill Wallack‘s Ronald L. Perl, Esq., Caroline Record, Esq. and Jonathan H. Katz, Esq., in conjunction with Wilkin & Guttenplan, P.C., presented two webinars dealing with what you and your community association

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Polk circuit judge OKs portion of Poinciana homeowners’ lawsuit against HOA (FL)

After nearly two years of effort, a lawsuit filed by three homeowners against one of the state’s largest homeowners associations is finally moving forward.  Polk County Circuit Judge Larry Helms ruled two counts alleging breach of contract can proceed to

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Unit owners can’t use records for solicitations (IL)

Q. I recently read about a change in Section 19 of the Condominium Property Act concerning books and records of an association. I understand owners will no longer have to state a “proper purpose” to examine and inspect certain books

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The Critical Importance Of Properly Serving A Construction Lien Claim (NJ)

So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the

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Electronic Signatures Can Now Be Used to Amend Restrictive Covenants (MI)

The legislative history of MCL 450.835a demonstrates that Michigan House Bill 5591 (2016) was originally introduced to deal with an extremely large Michigan Homeowners Association that was having difficultly amending its documents. The Lakes of North Association in Northern Michigan

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AB 634 Signed! Reduced HOA Control of Solar Energy System Installations (CA)

The Governor has signed AB 634 into law changing HOA control over solar energy system (“Solar”) installations. HOAs may no longer adopt policies and guidelines that prohibit Solar installations on common area roofs protecting HOA property and homes from damage

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Ham Radio Legislative Activity In The U.S. Senate

Last week, The U.S. Senate Commerce Committee was scheduled to mark-up S 1534 The Amateur Radio Parity Act (a.k.a. HAM radio legislation) when it was withdrawn from the docket. Florida Senator Bill Nelson and Hawaii Senator Brian Schatz cosponsored and

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Can Your Community Association Stop Bullying and Harassment in Their Tracks? (FL)

Bullying in any form cannot be condoned either in schools, workplaces or communities. While a newly filed bill by Rep. Emily Slosberg (HB 123) has the laudable goal of protecting Florida’s senior citizens from being bullied, just how feasible is

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We’ve Got a Problem: Statute of Limitations on Long-Term Notes (FL)

A Florida Supreme Court justice Thursday issued a nearly five-page opinion to point out “the latest symptom of a more serious problem”—a misunderstanding over when the clock starts in foreclosure litigation with multiple defaults and suits.  The confusion centers on

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Condo Board Slams Door on Verizon

In a case that could significantly expand the powers of condo boards, 54 multiple-dwelling properties in New York City refused to grant access to Verizon fiber-optic cable installers. The 63-unit Beekman Regent Condominium, in Manhattan’s Turtle Bay neighborhood, was among

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Court rules Privé’s sidewalk, built through homeowners’ properties, is illegal (FL)

A judge has deemed Privé at Island Estates’ sidewalk, built through homeowners’ properties, is illegal, as the years-long war between the condo developers and their Aventura neighbors wages on.  Several nearby homeowners and the Island Estate Homeowners Association had filed

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Two Harlem condo boards are suing L&M Development (NY)

Two Harlem condominium boards are suing L&M Development Partners over defects and damage in their buildings, court records show. The suits are part of a larger pattern of litigation that typically crests around six years after co-ops or condos are

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Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid (FL)

In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion

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