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Review of New Legislation Continues – Part 3 (FL)

Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.” Today, we will look at House Bill 1237, which contains some significant changes. HB

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Somerset Chase Homeowners Association alleges townhomes violate building codes (FL)

A homeowners association alleges that the property was negligently constructed and violates state building codes.  Somerset Chase Homeowners Association Inc. filed a complaint on June 16 in the 9th Judicial Circuit Court of Florida – Orange County against CalAtlantic Group

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Review of new legislation continues(FL)

Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings.  An

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Christie signs Radburn bill to democratize elections, vetoes others

Gov. Chris Christie signed a bill Thursday designed to ensure more open elections in Fair Lawn’s Radburn neighborhood but vetoed other measures related to President Trump’s travel ban and how lawmakers make changes to the state’s criminal justice policies.  

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Right To Terminate Developer Contracts Must Be Exercised Within Three Years (MD)

Section 11-133 of the Maryland Condominium Act gives a council of unit owners the right to terminate leases, management contracts, employment contracts, and other contracts entered into by the developer during the period that the developer had control of a

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Briarwick Condominium Owners Association accused of negligence after fire on property (TX)

Parents and an estate administrator are suing condominium owners’ association and project manager, citing alleged gross negligence.  Lizzi Cherian, Cherian M. Cherian and Susan Cherian Thomas, independent administrator of the estate of Shirley Sara Cherian, deceased filed a complaint June

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HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations

Tourism is a major part of the Michigan economy and its significance continues to grow. From 2010 through 2014 tourism employment growth even outpaced overall state employment growth. Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate

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Developers’ Rights Decisions: Puzzling, Perturbing, and Problematic

Litigation is unpredictable. That’s no surprise to anyone who fights court battles regularly. It is also a theme reflected in three recent court decisions dealing with developer rights.  In the first case, Condominiums at Lilac Lane v. Monument Garden, LLC,

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Estoppel Bill Approved by Governor and Remaining Community Association Bills Presented to the Governor (FL)

Yesterday, the Governor approved SB 398, Relating to Estoppel Certificates. The effective date of the new law is July 1, 2017. If you would like to hear more about the estoppel bill, please watch the video or read the summary

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New Hampshire Amends Condominium Act

The NH legislature’s tweaks and additions to the NH Condominium statute have continued in 2017 with the passage of House Bills 501 and 502. Both bills go into effect on August 15, 2017. What follows is a brief summary of

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The Rhode Island Condominium Act has Been Amended Again!

The amendment which was signed by the governor on June 29, 2017 takes effect immediately. The new legislation allows a unit owner to obtain a written copy of any insurance company damage appraisal or any damage appraisal (regardless of who

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California’s Anti-SLAPP Statute: A Potent, Yet Confounding, Weapon

Lawsuits designed to chill the valid exercise of the constitutional right of free speech or the right to petition, denominated as “strategic lawsuits against public participation” (or “SLAPP” suits), have taken on increasing significance over the last several decades. The

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Nevada HOA Super-Priority Litigation Update: Nevada Supreme Court Rules in Favor of Lenders on Standing Issue

The Government-Sponsored Enterprises (GSEs) and their servicers scored a significant victory last week in the Nevada Supreme Court. In Nationstar Mortgage, LLC v. SFR Investments Pool 1, LLC (Case No. 69400), the court held that mortgage servicers have standing to

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Review of New Legislature Continues (FL)

Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings.  An

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AB 534 Signed: Associations to Provide Notice to Members of Lien Claims (CA)

Vendor professionals frequently provide a variety of services on behalf of community associations and individual homeowners. Under California’s Constitution, unpaid vendors possess a legal right to lien the property upon which they work for the value of their rendered services

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Illinois Appellate Court Clarifies Palm Decision Regarding Association Collections

In Lake Point Tower Condominium Ass’n v. Waller, 2017 IL App (1st) 162072, decided on June 28, 2017, the Association filed a forcible entry and detainer action against Defendant to obtain possession of Defendant’s condominium. Subsequently, Defendant filed a motion

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Thailand: Condominium Disputes: Concerns for Joint Owners

Condominiums have long been one of the most popular properties for people living in Thailand’s big cities. The different units in a condominium are individually owned, while common properties, such as lobby areas or swimming pools, are jointly owned by

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Appeals court rules construction defendants not liable in Miami injury case (FL)

The 3rd District Court of Appeal has affirmed lower court rulings of five summary judgments in cases in which a woman alleges she was injured at a condo community due to negligence in repairing the sidewalk.  The case centers on

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Court Concludes Rental Restrictions are Reasonable (CA)

Recently, many residential common interest developments have experienced an influx in the number of short-term rentals within their community. This problem is exacerbated by the increased popularity of websites such as Airbnb and HomeAway. Although profitable, short-term rentals have a

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Community Association 2017 Legislative Guide: Part II (FL)

Since we published Community Association 2017 Legislative Guide: Part I, several bills affecting community associations were signed into law, including Senate Bill 398 (estoppel bill) and House Bill 1237 (condominium crime bill). Citing London’s Grenfell Tower fire, Governor Scott vetoed

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A Month into Hurricane Season U.S House of Representatives Passes Bipartisan Disaster Assistance Bill

Unless a major natural disaster has hit your community, you may be unaware that under current law homeowners in community associations are not eligible for FEMA assistance to repair common areas in their buildings. Further, associations are routinely denied disaster

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ELSS Bill Vetoed, Condominium Bill Approved, & Final Report on Community Association Bills for 2017 Session (FL)

Governor Rick Scott has now taken action on all of the community association bills that passed during the 2017 legislative session.   Read the article……………

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Judge orders law firm to pay $3.1M to condo association for negligence enabling contractor fraud (NV)

A Nevada judge has ordered a law firm to pay $2.4 million in damages and $700,000 in interest to a homeowners association for failing to supervise an associate who enabled contractor fraud.  The law firm, Kummer Kaempfer Bonner Renshaw and

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New Tenn. law resticts HOA bylaws against flying American flags

Over 100 new laws will go into effect on July 1, and one of those laws changes what you can and cannot do with the American flag.  The bill says a home owners’ association (HOA) can’t keep a homeowner from

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Bills Seek to End Conflicts of Interest on Co-op and Condo Boards

Proposed laws would require annual reports on all contract awards.  Smart co-op and condo boards treat conflicts of interest – even the appearance of conflicts of interest – the same way they treat the bubonic plague. They want absolutely nothing

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The Future of Fair Housing in Community Associations (CA)

The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working

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Minnesota Legislature Revises Minnesota Common Interest Ownership Act

In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk and difficulty obtaining insurance and financing for condominium developments at

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HOA’s: Your Restrictions Have an Expiration Date (FL)

With the turnover of volunteer homeowner’s association (“HOA”) board members over time, it is not surprising that certain important long-term issues may be overlooked. There is one very important law, however, which board members may not be aware of that

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Changes to Financial Reporting Requirements for Associations (FL)

On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations.    Read the article………….

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MD Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent Assessments

The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments. In an opinion issued on June 23, 2017 in the case of

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Maryland Appeals Court Voids Condominium Parking Rule

A Maryland condominium Rule which barred delinquent condo owners from using the common property parking lot and swimming pool has been struck down by the Maryland Court of Appeals–the highest state appellate court.   Read the article……………

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Legislative Update: Association Fraud, Financial Reporting Bills Signed Into Law (FL)

House Bill 6027 was signed by Governor Rick Scott. The Bill makes changes to the financial reporting requirements of Florida condominiums, homeowners’ associations, and cooperatives, and will be effective as of July 1, 2017. The Bill may be summarized as

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Supreme Court Leaves Standing Wells Fargo Win on Nevada Lien Law

The U.S. Supreme Court left standing a federal appeals court ruling that could help Wells Fargo and other major banks affected by a Nevada statute covering homeowners’ association liens ( Bourne Valley Court Trust v. Wells Fargo Bank N.A. ,

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Scott cites London fire in vetoing condo bill (FL)

Pointing to a high-rise fire in London that killed dozens of residents, Gov. Rick Scott late Monday vetoed a bill that would have eased fire-protection requirements for older condominium buildings in Florida.  The bill (HB 653), which passed the Legislature

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Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires

In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive

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Community Associations: New Estoppel Rules (FL)

Beginning July 1, 2017, Florida community associations will have to comply with more burdensome estoppel requirements.  The 2017 Florida legislature just recently passed a new law that will require associations to comply with a request for an estoppel certificate within

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Condo liability law loosened (MN)

A homeowners association is suing the developer, builder and manager of the Superior Vista condominiums, among others, claiming the Mesaba Avenue complex was not properly built and ought to be repaired under warranty.  “Many areas of the building were not

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State orders Poinciana HOA to throw out election (FL)

As state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members.  The arbitrator threw out the Association of Poinciana Villages’ results from

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Governor Hogan Signs Law To Require Notice To Homeowners Of Sales Of A Common Element Or Common Area

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale, including a

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Will new laws protect condo owners from apartment conversions and rogue associations? (FL)

….Florida lawmakers this spring unanimously approved a bill that requires condo associations to give owners better access to records and imposes criminal penalties for electoral fraud, theft of funds and conflicts of interest. The measure would become law July 1

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Miami judge partially derails homeowners’ lawsuit against Privé at Island Estates developers (FL)

Miami-Dade Circuit Judge William Thomas handed the developers of Privé at Island Estates a victory this week in their tumultuous legal war with neighboring homeowners.  Thomas ruled Tuesday that the statute of limitations had long expired for the Island Estates

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NC Community Association Legislative Update – June 22, 2017

I’m asked frequently about the status of proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one

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What Should Condominium Associations Do After Cypress Point? (NJ)

It has been several months since the New Jersey Supreme Court decided Cypress Point Condo Ass’n v. Adria Towers, LLC.  The issue in Cypress Point was whether rain water damage caused by a subcontractor’s faulty workmanship constituted “property damage” caused

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Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees (MD)

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has now been enacted,

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Mountain Law: Cracking Colorado’s condo conundrum

In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but

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Bills Would Impose Time Limits on Co-op Purchase Applications (NY)

There are currently half a dozen pieces of legislation under consideration in New York City and Albany that could change the way co-op apartments get bought and sold. Co-op advocates are not pleased with any of them. Some of these

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Assembly Judiciary Committee Approves Wieckowski Bill (CA)

A bill to clarify that the political speech rights of residents in common interest developments cannot be infringed upon by homeowner association (HOA) boards unanimously passed the Assembly Judiciary Committee this morning. SB 407, authored by Sen. Bob Wieckowski (D-Fremont)

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Legislative Update: Condominium Terminations Bill Signed Into Law (FL)

Senate Bill 1520 was signed by Governor Rick Scott on June 16, 2017. The following is a summary of the bill, which will take effect on July 1, 2017:  SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of

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‘Test Case’: How Attorneys Defeated a $10 Million Class Action Over Condo Costs (FL)

Putting on “a numbers case” helped the owners of the Hilton Fort Lauderdale Beach condo hotel defeat a $10 million class action lawsuit by residents fuming over a multimillion-dollar spike in maintenance fees.  Q Club Hotel LLC owns the property

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District of Columbia Condominium Law Amended To Require New Owner Notices

The District of Columbia Condominium Act has been amended to require new notices and information be provided to condominium purchasers and unit owners.  When a condominium advises the owner of its intention to take legal action to collect any past

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