Update on the HB22-1137 Related Bills (CO)

The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article…………………………….

New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations

On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing […]

Farmers condo insurance case explores exclusion clauses (WA)

The Gardens Condominium v. Farmers Insurance Exchange case revolves around an all-risk insurance policy issued by Farmers Insurance Exchange to The Gardens Condominium. The policy was designed to cover any direct physical loss unless caused by an excluded event. Notably, the policy included an exclusion for faulty, inadequate, or defective workmanship but also contained a […]

Business Judgment Rule: How to Protect Your Board (NY)

The recent case of Levy v. 103-25 68th Ave. Owners, Inc. offers some valuable insights for property managers and board members within cooperative housing communities.  In June 2018, the Levys commenced this action against the co-op defendants and the occupants of the neighboring apartment, alleging, inter alia, that the co-op defendants exceeded the scope of […]

The Construction Defect Bills (CO)

The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains […]

New law means an HOA can’t stop you from hardening your home against wildfires (CO)

A new state law voids homeowners’ association rules that prevent residents from using building materials that are more resistant to wildfires.  Gov. Jared Polis signed the legislation this week. In a statement, he said the new law should help homeowners safeguard their homes and save money on insurance.   Read the article…………………………….

New York Court Decision Highlights the Importance of Corporate Guidance for Board Member Protection (NY)

A recent New York Appellate Division decision (Cortlandt Street Recovery Corp. v. Bonderman) underscores the significance of retaining experienced corporate counsel to protect both corporations and their board members from potential liability. The court rejected the plaintiff’s attempt to hold various related entities collectively liable for the actions of one, highlighting the complex challenges in […]

What Makes a Home………Business? (CO)

The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities.  The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply!     Read the article…………………………….

Worcester lawmakers talk bills on condo repairs, fallen hero taxes, more (MD)

The House Environment and Transportation Committee heard a bill sponsored by Del. Wayne Hartman (R-38C) on March 5.  House Bill 1262, or Common Ownership Communities-Reserve Studies-Alterations, would extend the timeline for required condominium repairs determined by an assessment from three to five years.     Read the article…………………………….

After post-Ida lawsuit spike, lawmakers seek big changes for home insurance claims (LA)

After Hurricanes Laura and Ida, thousands of Louisiana homeowners filed lawsuits against their insurance companies, alleging the insurers were lowballing and delaying their claims as they struggled to rebuild.  The crop of lawsuits, many still winding through the state’s court system, has become central to the debate over how to stem Louisiana’s property insurance crisis. […]

Lawmakers set sights on broadband, TV ‘advisers’ (FL)

Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year.  At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts […]

No Super Lien for You: New Case on the Priority of HOA Liens in North Dakota

In a case of first impression, the North Dakota Supreme Court ruled that, despite the language of a declaration of covenants and restrictions to the contrary, a homeowners’ association (HOA) lien for unpaid assessments does not have super priority over a later recorded mortgage. In the Industrial Commission of North Dakota v. Gould, 2024 ND […]

New York Class Action Settlement Impacts Foreclosure Proceedings: What Condo and HOA Boards and Management Need to Know

A recent class-action settlement addressing foreclosure procedures in New York State has significant implications for condominium and homeowners’ associations (HOAs) that have owners in arrears. The law involved only applies to foreclosures of home loans, and not condo and HOA foreclosure of common charge liens and experienced counsel need to make this clear at the […]

The SB4D Bill and How it Impacts Tampa Condominiums (FL)

The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations.   Read the article…………………………….

Bridging the Gap: SB428 Expands Available Protections in the “HOA Workplace” (CA)

By now, most individuals in the industry are aware of the newly adopted AB648 (virtual meetings) and AB1458 (lowered quorum). However, SB428 is another bill that managed to fly under the radar and will ultimately have a significant impact by providing associations with a more expansive tool to protect those who serve community associations, including […]

House toppeled the estoppel, preventing $100M in new HOA fees (FL)

The House in the waning hours of the 2024 Legislative Session stood its ground on the “Home Tax” bill dealing with estoppel certificates and who can pay for them. Its unwillingness to budge left the measure (HB 979) dead for the Session.   Read the article…………………………….

State lawmakers want to study HOA insurance market (CO)

When a townhome complex in Louisville lost five buildings in the 2021 Marshall Fire, the homeowners board president expected the insurance would go up.  But not this much.  The Wildflower townhome community’s annual insurance premium went from $65,000 in June 2022 to $437,000 in June 2023, according to board president Mark Appelfeller. He said the […]

HOA members obstructed access to riverfront pier — $400,500 verdict (VA)

Plaintiffs included a homeowner’s association in Gloucester County and several of its lot-owning members. Defendants are also members of the homeowner’s association with a waterfront lot within the subdivision. Defendants’ waterfront lot is encumbered by half of a 15-foot ingress and egress easement to a community pier, which pier is affixed within the easement above […]

Condo owners at 443 Greenwich have been suing developer for years (NY)

Bloomberg had the story this week, and I have since traced it through court records: Since 2021, the “board of managers” (is that what folks call a condo board?) of 443 Greenwich, aka the celebrity dorm between Desbrosses and Vestry, has been in court with its sponsor owners and architect over a laundry list of […]

A Generator Bill That is Long Overdue (FL)

Until now there was no law in our Florida HOAs that would allow a home owner to install their own electrical generator with above ground or below ground gas tanks. Here we are, living in Florida with sometimes unbearable heat and humidity, we have a large elderly population, hurricanes generally hit in the hottest parts […]

HOA, condo daycare prohibition bans considered by Minnesota lawmakers

Those who live in a homeowner’s association (HOA) or condo looking to create an in-home licensed daycare center could no longer be denied its operation as long as they have a license in Minnesota under a new proposal being considered by lawmakers.   Read the article…………………………….

Arizona Court of Appeals Addresses Proximity Damages in State of Arizona v. Foothills Reserve Master Owners Association, Inc.

On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after the State of Arizona condemned their easement interests in the subdivision’s common areas.1   Read the article…………………………….

Condo Law Legislative Update – 2024 – Part II (NH)

Settle in and read on for thoughts on a couple of additional condominium bills making their way through the Legislature this season.  House Bill 1357 seeks to require more meetings of boards of directors, a seemingly innocuous proposal, but one of greater consequence than likely intended.    Read the article…………………………….

U.S. District Court Strikes Down Corporate Transparency Act (CTA) as Unconstitutional: Impact to Community Associations

A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. The CTA, enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities, including condominium, homeowner (HOA) […]

Judiciary panel spotlights ‘shadow’ non-compete clauses, approves bill to close loophole (MN)

An example of a shadow noncompete contract that is hidden from an employee was provided in written testimony by SEIU Local 26.  When a homeowner’s association under one of these contracts switches to a different property management company, these contracts prevent that association from retaining their experienced staff without the risk of litigation for continuing […]

Is “Mediated Resolution” a Free Pass for Local Law 97 Deadbeats? (NY)

When it comes to New York City’s landmark climate legislation, Local Law 97, it seems that every push results in a vigorous pushback. For instance, when many building owners, including co-op and condo boards, howled that they could not possibly afford retrofits that would bring their buildings’ carbon emissions in line with the law, the […]

Homebuilders work to stop bill to give earlier control of HOAs to homeowners (ID)

A bill aiming to give residents a say in their homeowners associations once most of the development is finished isn’t moving forward, for now.  On Thursday, Rep. Jon Weber, R-Rexburg, brought HB 657 before the House Business Committee in the hopes of giving homeowners in developments with HOAs earlier control over the boards governing their […]

House Bill 59 – Providing Copies of the Docs (FL)

So The Florida Legislature is only in session for another four days. Over the next few weeks we want to educate you about the bills that passed both The Florida House and The Florida Senate. So here we go……..  Let’s start with an amendment to Florida Statute 720.303.      Read the article…………………………….

Corporate Transparency Act Found Unconstitutional

In the case titled, The National Small Business United, b/b/a the National Small Business Association, et al v. Janet Yellen, in her official capacity as Secretary of the Treasury, et al., Case No. 5:22-cv-1448-LCB, United States, District Court, Northern District of Alabama, Northeastern Division entered on March 1, 2024, the court found the CTA to […]

Breaking News: Federal Court Ruled Corporate Transparency Act Unconstitutional – Beneficial Ownership Information Reporting on Hold

In a surprise decision Friday night, a federal district court ruled that the Corporate Transparency Act (“CTA”) is unconstitutional, effectively placing the Beneficial Ownership Information (BOI) reporting on hold. By way of background, the CTA was enacted on January 1, 2021 as part of the 2021 National Defense Authorization Act as an attempt to prevent […]

Homeowner Associations: Attorney’s Fees Are Not Fiduciary Duty Breach Tort Damages And $1.328 Million Fee Award Against Individual Directors Under Civil Code Section 5975 Reversed As A Matter Of Law. (CA)

In Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes, Case No. B308382 (2d Dist., Div. 4 Mar. 1, 2024) (partially published; fee discussion not published), plaintiff homeowner won a declaratory relief action based on a dispute over tree-trimming covenants in certain recorded Declarations, with the lower court awarding plaintiff over $1.328 million in […]

Is Your Board Making These Critical Mistakes? Essential Risk Management Tips

In a recent New York case, 72 Poplar Townhouse, LLC v Board of Managers of the 72 Poplar Street Condominium, a series of critical issues arose that have wide-reaching implications for condo, coop, and HOA boards. This case highlights the potential consequences of unclear bylaws, the importance of meticulous records, and the complex power dynamics […]