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 […]
NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K
New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per unit. The City Council had actually approved the mandate, the Climate Mobilization Emissions Law, in 2019 requiring residential buildings […]
Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
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 criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
Important Reminders Regarding Association Business (CO)
The last few weeks have proven to be very busy with regards to Homeowner Association business. Please note the following updates and recommendations regarding Associations. Read the article…………………………….
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 […]
Four Lakes Task Force Files Motion to Expedite Homeowners Association Appeal of Special Assessment (MI)
The governing body of the four lakes and dams in Midland and Gladwin counties is hoping a court will expedite an appeal filed by a homeowners association. Read the article…………………………….
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 […]
Florida Condo Mitigation Bill Passes but Other Insurance Bills Uncertain After Changes
A Florida pilot program to fortify coastal-area condominiums is on its way to the governor but other property insurance bills may have hit a snag after last-minute changes – with just two days left in the legislative session. The state Senate on Wednesday voted 39 to 0 in favor of House Bill 1029, which had […]
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…………………………….
Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members
In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex. App.—Austin December 13, 2023, no pet. history). Among other theories, the members alleged that the trust existed for their benefit. […]
The FCC Wants to Ban HOAs & Apartments from Forcing People to Pay for Cable TV Internet
One of the last things saving cable TV right now are the millions of people forced to pay for cable TV and Internet through cable companies because they live in an apartment or condo that has a homeowners association (HOA). The FCC has proposed new rules that will make it illegal for HOAs and apartment […]
Legislature approves ‘Condo 3.0’ bill to boost board accountability, building safety (FL)
Malfeasant condo board members and associations that for years have skirted Florida law through loopholes in state statutes may soon face a reckoning due to a reform package now bound for Gov. Ron DeSantis’ desk. Lawmakers unanimously passed HB 1021, which will overhaul state laws governing condo oversight and management by holding condo buildings and […]
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) […]
Hoosiers with HOAs one step closer to being able to keep beehives (IN)
A bill that would let Hoosiers with homeowner’s associations keep bees passed the Indiana Senate on Monday. Read the article…………………………….
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 […]
Federal Corporate Transparency Act: Alabama Case Creates Confusion, But Compliance Still Likely Required (NY)
A recent Alabama court decision ruled the Corporate Transparency Act (CTA) unconstitutional, creating uncertainty for businesses nationwide. While the case may be appealed, here’s what boards of coops, condos, HOAs, and LLC members in New York, Connecticut and other states need to know right now. Read the article…………………………….
Judge rules on Airbnb dispute that turned nasty in divided Tennessee mountain town
A national debate about Airbnbs became local in an East Tennessee neighborhood where the homeowners association sued some of its own members who used their homes as short-term vacation rentals. Read the article…………………………….
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 […]
Proposed Legislation Would Reduce Percentage Required For Declaration Amendments (MD)
Proposed legislation pending in the Maryland General Assembly would reduce the percentage of approval votes required to amend a condominium declaration from 80 percent to 66 2/3 percent. Read the article…………………………….
Colorado lawmakers weigh rules to spur more building without stripping homeowner protections
Construction-defect law in Colorado has been the subject of bruising battles in the Capitol for more than a decade. After taking a breather from the last round in 2017, lawmakers are again juggling consumer protection and rules that some worry will stifle much-needed building. Read the article…………………………….
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 […]
Colorado lawmakers target HOAs with more restrictions to protect homeowners from foreclosure
Homeowners associations’ foreclosure filings on thousands of Coloradans’ houses over unpaid fines and fees have spurred fresh attempts by lawmakers to better regulate HOAs and metropolitan districts with the hope of preventing more people from losing their homes. Read the article…………………………….
Governor Signed Legislation Allowing Private Entities to Regulate Activities on Public Lakes (IA)
The governor recently signed a bill that allows the Lake Panorama homeowners association to regulate boating on the public lake, including rules about the operation of watercraft and equipment specifications, as well as allowing private buoys to be set up in the lake. The legislation was narrowly tailored for Lake Panorama, by stating that the […]
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 […]
Several southern Colorado leaders back bill they say would bring more condos to the state
Colorado Springs’ mayor is one of more than two dozen mayors across the state supporting a change they say could bring more condos to Colorado. The proposal is aimed at reducing construction lawsuits against condo builders. Right now, only two builders will are willing to build condos in Colorado, according to Sen. Rachel Zenzinger, who […]