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SB 814: Discouraging Excessive Water Use (CA)

California is experiencing the worst drought in over a century. While recent rains bring good news for our water supply, the California Legislature has enacted a number of laws aimed at water conservation that still stand. Existing law requires the

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Illinois Condominium Property Act Amended to Streamline Association Loan Procedures

Condominium associations often choose to finance major common element repair projects by obtaining bank loans. This type of loan is typically secured by the association’s pledge to the lender of all or substantially all of the association’s assets, including the

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Florida Fourth DCA Adopts Strict Compliance Standard when Joining Homeowner Associations to Foreclosure Actions

On November 23, 2016, the Florida Fourth District Court of Appeals issued an opinion in a case concerning a foreclosing lender’s obligation to pay homeowner association assessments in Federal National Mortgage Association v. Mirabella at Mirasol Homeowner’s Association, Inc., Case

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Housing coalition skeptical of Legislature’s plan to resolve construction-defect issues (CO)

Interests with the power to drive housing development in Colorado say the lone construction defects bill in the Legislature would do little to spur building.  House Speaker Crisanta Duran, D-Denver has pinned much of her hopes for bipartisan success this

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Parkchester South Condo settlement reached (NY)

Following a lengthy legal battle, a settlement has been reached with Parkchester South Condominium management over its ‘draconian’ maintenance fee increase.  On Thursday, January 5, Senator Ruben Diaz, Sr. and Assemblyman Luis Sepulveda announced a resolution to the months-long battle

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Trump Administration Overturns Obama’s FHA Mortgage-Fee Cut

Soon after Donald Trump was sworn in as president, his administration undid one of Barack Obama’s last-minute economic-policy actions: a mortgage-fee cut under a government program that’s popular with first-time home buyers and low-income borrowers.  The new administration on Friday

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Reservation of Rights Requirements Adopted by South Carolina Supreme Court

The South Carolina Supreme Court’s recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not covered “property damage” under commercial general

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Legislative Alert (WA)

The 2017 Washington State legislative session commenced on January 7, 2017 and is in full swing. It’s expected to be another active session involving condominium and homeowner associations. Hearings are already taking place and bills are being introduced, including:   Read

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Bill Introduced to Fund Attainable Housing (CO)

As I mentioned in my blog entry kicking off the 2017 legislative session in Colorado, 8 to 10 bills relating to construction defects and the construction of affordable housing are expected to be introduced this session. In my January 12th

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Residential Storage Condominium Unit Bill Back for Another Round (CO)

Senator Bob Gardner (R) has introduced Senate Bill 17-078 (“SB 78”) to address the taxation of “residential storage condominium units.” If my memory serves me well, this is the third time this bill has been introduced in the Colorado General

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Florida bills target HOA election policies, disputes

Poinciana residents who are in disagreement with their homeowners association are rooting for two Florida house bills that have just been filed.  Amanda Geltz has lived in Poinciana for more than a decade. She’s one of the many residents in

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Court Ruling Gives Condo Boards the Power to Evict (NY)

In a major victory for condominium boards, the state’s highest court has ruled unanimously that a Manhattan condo unit-owner who refused to pay his common charges since 2007 can be evicted from his apartment, The New York Law Journal reports.

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Florida Associations Should Consider Amending Rental Provisions Now—CALL Alert for January 13, 2017

As we start the New Year and the 2017 legislative session, community associations should be reviewing their current rental provisions and deciding whether to propose any amendments to address minimum rental terms. If your association has a problem with short

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Court Decision Clarifies HOA Developer Reserve Funding Obligations (FL)

Last month, Florida’s Fifth District Court of Appeals issued yet another opinion in Mackenzie v. Centex Homes, by Centex Real Estate Corp., Case No. 5D16-1254 (Fla. 5th DCA, December 22, 2016) reinforcing that a developer is obligated to contribute money

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New “Amateur Radio Parity Act” Bill Introduced in US House of Representatives

H.R. 555 — a new “Amateur Radio Parity Act” bill — has been introduced in the U.S. House of Representatives. The bill’s language is identical to that of the 2015 measure, H.R. 1301, which passed in the House late last

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Bicycles barred, case closed on battle over Wild Oak path (CA)

After a long, fruitless legal battle over whether or not bicyclists have the right to use a public easement through a private subdivision that borders Oakmont near Trione-Annadel State Park, the City of Santa Rosa has withdrawn it’s latest appeal,

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Good News for HOAs: Courts Clarify Deadline for Governing Document Lawsuits (FL)

Homeowner association board members and their attorneys can breathe easier now that two Florida appeals courts have clarified the deadline for challenging an association’s governing documents. Through an affirmative defense based on time limitations, associations should see quick, concise and

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Court finds law for selling entire condominium projects is not retroactive (FL)

The 3rd District Court of Appeal recently sided with minority owners by ruling that Florida’s statute law governing the sale of condominium projects does not apply to properties that predate Florida’s 2007 amendment to its condominium statute.  The Daily Business

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Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations

On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives and would make significant changes to the Michigan Condominium Act. The bill is a reincarnation of former House Bill 5655 that had failed to

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A Condo Owners’ Bill of Rights Is on the Table

Two state legislators from the Bronx have introduced a Bill of Rights for condominium unit-owners in the state legislature that’s designed to heighten the transparency of condo board operations. The proposed legislation was inspired by a nasty legal battle over

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Construction defects bill would tackle this vexing problem by trying to control insurance rates (CO)

Every year, Colorado legislators pledge to tackle construction defects reform, and every year it doesn’t happen.  Democrats and Republicans swear THIS IS THE YEAR, and there’s a bill with bipartisan sponsorship from state House and Senate leadership that focuses not

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Sri Lanka: CMA-UoM to set construction standards for condominium development

The Condominium Management Authority (CMA) joined hands with the University of Moratuwa (UoM) to conduct research work in setting construction standards in the development of condominiums in Sri Lanka. The memorandum of understanding (MoU) was signed recently by UoM Vice

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2017 Colorado Legislative Session Promises Focus on Construction Defects

The 2017 legislative session opens today in Colorado! For those of you who are political junkies, following the recent elections, here is what you need to know about the makeup of the Colorado House and Senate:  There are 65 seats

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Pre-Filed South Carolina Legislation Signals Push to Regulate Developers

In 2016, the South Carolina legislature organized a study committee, titled the “South Carolina Committee on Homeowners Associations,” which explored various issues affecting the level of authority that developers have over their own development projects. Various opinions on developer control

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More Millennium Tower residents sue developer, city (CA)

Following November’s lawsuit, 20 tower residents led by Jerry Dodson, a former government litigator who also happens to live in the offending building, launched yet another suit against both the city and building developer Millennium Partners.  The complaint alleges that

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What You Need to Know About the NSW Strata Law Reform

With Australia’s richest man set to sell his strata management business, it appears not all are happy with the 90 changes to strata laws which came into effect in New South Wales on November 30.  Read the article…………..

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Both sides of Mandalay shores short-term rental dispute court ruling claim victory (CA)

The battle over whether short-term residential rentals should be permitted is raging all along the California coast and has gotten far worse since on-line rental services have boomed. Investigations into feasibility of banning or severe restrictions by cities such as

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Community Associations Federal Update and 2017 Preview (CAI)

In 2017, I expect to see the issue of housing finance and the future of Fannie Mae and Freddie Mac to be a topic of conversation for Congress. Since housing was not a major campaign issue, my guess is the

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Free Speech in Community Associations

Condominium and homeowner associations in Washington and Oregon often deal with free speech issues. Political signs are perhaps the most common issue. It is commonly misunderstood that owners have a right to display political signs. Generally, there are no free

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Possession after Judicial Foreclosure (WA)

Recently, the Division 1 Court of Appeals of Washington issued its opinion in the case of Viewcrest Condominium Association v. Robertson, 2016 WL 7470025 (December 27, 2016). The decision by the Court in Viewcrest will need to be considered when

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Colorado legislators believe this could be the year for construction defects reform

Legislative leaders from both sides of the aisle believe this is the year to pass robust construction defects reform in an effort to spur affordable housing development.  Lawmakers outlined their legislative agendas Thursday at a forum hosted by the Denver

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Ontario Government Releases Draft Regulation Under Condominium Management Services Act

After much anticipation, the Ontario Government has just recently released the first draft regulation in support of the implementation of the new Condominium Management Services Act (“CMSA”), which received Royal Assent on December 3, 2015, but has not yet been

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Washington Court of Appeals Issues Redemption Act Opinion

The Washington Court of Appeals recently issued a published opinion regarding the application of the Washington Redemption Act (RCW 6.23). The Court’s opinion holds that “a condominium owner occupying the condominium as a residence at the time of a judicial

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Recent Preliminary Injunction re: HOA and Free Speech (CA)

On December 23, 2016, San Francisco Superior Court Judge Richard B. Ulmer, Jr. issued a preliminary injunction barring Gramercy Towers Condominium Association (“GTCA”) from enforcing a “Rule Regarding Communications with the Board of Directors, Residents and Contractors” (the “Rule”) on

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Federal Appeals Court Finds Luxury Condo Owner’s Suit Filed too Late Against Insurer (NV)

A luxury high rise condominium located in Las Vegas, Nevada, was found to have been barred from recovery of its $5 million window damage claim, according to a ruling by the Ninth Circuit of the U.S. Court of Appeals.  The

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Sarasota senator wants state to bar short-term rental property restrictions (FL)

City and county governments would no longer be able to stop homeowners from renting their homes for less than a month or even just a week, under legislation a Sarasota Republican has filed.  Read the article…………..

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Washington Court of Appeals Rules in Favor of Homeowners Association

The Washington Court of Appeals ruled in favor of a Camas homeowners association’s actions concerning board membership and delinquent assessments in a recent unpublished opinion.    Read the article…………..

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Two New Lawsuits Filed Against Walton County (by HOA’s) (FL)

Filed on Dec. 11 was a lawsuit brought by the Greater Driftwood Estates Homeowners Association and individual parties owning property within the Driftwood Estates Part I subdivision. Defendants include Walton County, the Walton County Board of County commissioners (BCC), two

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Leverage Shift: Community Associations Facing Developer Transition Benefit From Court of Appeals’ Decision (NC)

The North Carolina Court of Appeals recently issued an opinion that should make it easier for owners associations to pursue remedies against developers if they discover construction defects in the common elements after control of the association is transferred from

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Flag Bill Signed Into Law (OH)

In a flurry of activity at the end of the 2-year cycle for the 131st Ohio General Assembly, Governor Kasich signed 17 bills into law, including HB 18, “The Flag Bill.” After passing the House unanimously in late 2015, the

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Macklowe sued over alleged defects at 150 E. 72nd St. (NY)

Residents of Harry Macklowe’s condo conversion at 150 East 72nd Street are very unhappy with their purchases — they’re taking the notoriously litigious developer to court over alleged construction defects and what they’ve said is a woefully inadequate building reserve

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Helen’s View legal battle continues (WA)

The ongoing issue of a Ridgefield homeowners association against a would-be developer continues with a favorable court ruling in the developer’s favor happening earlier this month.  On Dec. 16, Clark County Superior Court Judge Daniel Stahnke granted a motion by

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Micronesia: Anaks homeowners ask court to dismiss Article 12 lawsuit

THE ANAKS Ocean View Hill Homeowners Association, through attorney Jennifer Dockter, has asked the CNMI Superior Court to dismiss the Article 12 lawsuit of Anaks Investors LLC owned by Allen Perez for failure to state a claim upon which relief

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Industry Alert – Florida Supreme Court Rules on Bartram v. US Bank, NA.

The Florida Supreme Court issued the much anticipated opinion in Bartram v. U.S. Bank, N.A on November 3, 2016, providing long awaited guidance as to the statute of limitations on successive mortgage foreclosure actions, post dismissal. The Court answered a

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Retroactive Application Statue of Amendments: Does Your Declaration Have “Kaufman” Language? (FL)

Community association lawyers are often presented inquiries from their clients as to whether laws newly adopted by the Florida legislature apply to their governing documents, especially when the new law is contrary to their declaration’s existing provisions. A similar question

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Open Board Meetings are not required by Ohio Law, but may be required under the Organizational Documents

Homeowners elect board members at the annual meeting, who are then responsible for making comprehensive business decisions for the association, such as setting the annual operating budget, entering into contracts, promulgating rules, and enforcing restrictive covenants. Because the board has

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Amendments that become effective Jan. 1, 2017 (IL)

2016 was another fertile year for Illinois legislation affecting condominium and common interest community associations. This is the second of two columns that provides a summary of the amendments to the Common Interest Community Association Act and to the Condominium

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Recreational Marijuana Hits MA: Why Evey Condo Needs to Amend Their Documents to Prohibit Smoking, Growing & Selling

On December 15, 2016 the recreational use of marijuana became legal in the Commonwealth of Massachusetts, after voters on election day approved Ballot Question 4 The Regulation and Taxation of Marijuana Act. Personally, I do not think that everyone knew

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Foreclosures – Enforcement of Judgments – Equitable Redemption (CA)

In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure section 680.10 et seq., setting forth the standards for enforcing judgments by writ of execution. The EJL made sales pursuant to foreclosure judgments absolute,

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Oregon High Court Clarifies How To Read the Four Corners of a Complaint

On December 8, 2016, the Oregon Supreme Court issued a decision, West Hills Development Co. v. Chartis Claims, Inc., 360 Or. 650 (2016), clarifying what allegations in a construction defect suit will implicate coverage under an “ongoing operations” additional insured

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