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Proposed Legislation Would Require Condominiums To Give Unit Owners Notice Of A Sale Or Lien Affecting A Common Element

Senate Bill 809 and House Bill 1369, now pending in the Maryland General Assembly, would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of

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State lawmakers plan public hearing on HOAs on Oct. 29 in Horry County (SC)

Is your homeowner’s association harassing you over the state of your landscaping?  Does your HOA shield its finances from view? Are you an HOA?board member concerned about possible changes in state law?   If you answered “yes” to any of

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Colorado construction-defects reform centerpiece assigned to ‘kill committee’ (CO)

House Speaker Crisanta Duran assigned the business community’s centerpiece construction-defects reform bill late Tuesday to the so-called “kill committee,” disappointing backers and sponsors of Senate Bill 156 and refocusing efforts on a yet-to-be-introduced successor bill that deals with fewer of

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Recovery of Attorneys Fees in Litigation

One of the first questions we are asked at the outset of litigation on behalf of a condominium association is whether the attorneys’ fees we will generate are recoverable from the opposing party. The answer to that question depends on

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Senate bill would give 421a to far more condo developers

A budget proposal from the New York State Senate would greatly increase the number of tax exempt condominium projects in the outerboroughs, confirming the fears of Mayor Bill de Blasio and other city officials that such developments could creep back

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2017 Legislative Update (OR/WA)

Oregon and Washington law makers are in session. There are several proposed house and senate bills which impact condominium and homeowner associations. Here’s a brief summary, along with links to review the language of the proposed legislation.     Read the

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Death of Democratic construction-defects bill refocuses effort on comprehensive reform (CO)

A Colorado Senate committee on Monday killed a construction-defects reform bill described by its author as a compromise measure to untangle the state’s year’s long battle over laws that many argue thwarting new development of affordable multi-family housing in Colorado.

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2017 Maryland Condo and HOA Legislation–What’s Hot and What’s Not

With the Maryland General Assembly now in the final month of the 2017 legislative session which ends on April 10, several bills regarding community associations are still under consideration. Other bills have died in committee. A bill must be passed

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2017 Utah Legislative Session – HOA/Developer Issues

HOAs have not come out unscathed by the 2017 Utah general legislative session, which ended yesterday, March 9. A new law was passed that requires an HOA to comply with rather onerous requirements before it may go after the developer

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ALLIED PROPERTY CASUALTY INSURANCE COMPANY v. METRO NORTH CONDOMINIUM ASSOCIATION

Allied Property and Casualty Insurance Company issued a commercial general liability policy insuring a subcontractor who worked on a multi-unit residential property owned by Metro North Condominium Association. In 2006 the Metro North property sustained extensive water damage caused by

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Attorney: Watch legislation involving condo living

Condominium associations should pay attention to the Florida legislative session, according to a local attorney.  Donna DiMaggio Berger, a shareholder at Becker & Poliakoff, said there are more than two dozen bills that could directly or indirectly impact condominiums and

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Maryland Legislature Considers Proposal To Reduce Votes Required To Amend Bylaws

House Bill 789, now pending in the Maryland General Assembly, would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws may only be amended upon a vote of

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Construction Defects and Insurance: Proactive Steps to Protect Your Community

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation

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Lawmakers pass bill limiting HOA control on solar (UT)

A bill that limits the ability of homeowners associations to regulate rooftop solar installations made it through the Utah Legislature late Thursday.  Senate Bill 154, sponsored by South Jordan Republican Lincoln Fillmore, would prohibit rules against solar in most cases,

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Handgun Regulation in Community Associations

An entire textbook and law school class could be devoted to the topic of handgun regulation. This article will focus on two recent United States Supreme Court (“Court”) decisions, briefly discuss some of the ways in which the Court’s decisions

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Many Shades of Grey

One of the main reasons I love practicing common interest community law is its newness. Compare condominium law to, say, contract law, which can be linked thousands of years all the way back to the Babylonian Code of Hammurabi (est.

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Proposed Maryland Law Would Require Condominiums and Homeowner Associations To Undertake Reserve Studies

House Bill 651, now pending in the Maryland General Assembly, would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas.    Read the article………….

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Illinois Supreme Court Agrees to Decide Whether Third Party Buyer is Liable for Delinquent Assessments to Mortgagee’s Subsidiary

According to Section 9(g)(4) of the Illinois Condominium Property Act, any purchaser of a condominium unit who acquires a property either at a foreclosure sale or by post-foreclosure purchase from the mortgagee must pay the last six months’ worth of

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Nevada Supreme Court Departs From Ninth Circuit Ruling And Finds HOA Lien Statute Does Not Implicate Due Process

On Jan. 26, 2017, the Nevada Supreme Court issued a 5-0-2 decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, 133 Nev. Adv. Op. 5, holding that Nevada’s HOA “super priority” lien statute, NRS §

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Illinois Supreme Court Agrees to Decide Whether Third Party Buyer is Liable for Delinquent Assessments to Mortgagee’s Subsidiary

According to Section 9(g)(4) of the Illinois Condominium Property Act, any purchaser of a condominium unit who acquires a property either at a foreclosure sale or by post-foreclosure purchase from the mortgagee must pay the last six months’ worth of

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Icon South Beach renter pursues class action lawsuit against condo association over application fees (FL)

A recently filed lawsuit alleges the Icon South Beach’s condominium association charges non-refundable application fees in excess of what is allowed by Florida law.  The suit, which seeks class action status, was filed in Miami-Dade Circuit Court by Icon South

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Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways (CA)

In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation.  SB 800,

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FL Associations Beware: Governor Signs Law Today which Shortens Screening Time for Members of the Military!

SB 184 was signed by Governor Rick Scott of FL today. The new law which amends Section 83.683, F.S. will take effect on July 1st and will apply to condominiums, cooperatives, HOAs and landlords.  The new requires an association to

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EQ Retrofitting in Los Angeles, 2017 (CA)

Homeowners and Association Managers need to be aware that the City of Los Angeles has passed Ordinances 183893 and 184081, city laws that require the earthquake retrofitting of buildings that fall below current safety standards. The ordinance is intended to

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Mayors campaign for construction defects bill (CO)

While mayors around the metro area are backing a state legislative effort restricting construction defects lawsuits that they say discourage the building of attainable housing — such as condominiums and townhomes — critics say it would take away a homeowner’s

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Restrictive Endorsement (FL)

Restrictive endorsements when coupled with payment are still applicable to associations.  As many may remember, The Florida Legislature amended Florida Statutes §718.116 and §720.3085 to include language relating to the applicability of restrictive endorsements, designations or instruction accompanying payments made

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Maryland Top Court to Review Condo Towing Rule

To tow or not to tow…with apologies to William Shakespeare, that is the question at the heart of long-running litigation between an Anne Arundel County condominium and owners whose vehicles were towed from the condo parking lot. The Maryland Court

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Attorney’s Fees In Homeowners Association Disputes (CA)

Civil Code Section 5975(c) states: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” There are a few things to note about this statute. First, this only applies to an

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Does The SLAPP Statute Apply To Homeowners Associations? (CA)

(Strategic Lawsuit Against Public Participation) statute is Code of Civil Procedure Section 425.16. When the SLAPP statute was first enacted in 1992, twenty four years ago, some people, believed that it would not apply to homeowners associations because the SLAPP

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Condominiums May Still Need to Install Engineered Life Safety System After Opting Out of Fire Sprinkler Retrofit

As our regular readers are aware from our previous posts on the subject, there are many questions Florida condominium associations face in determining whether their buildings must be retrofitted with a fire sprinkler system or Engineered Life Safety System (“ELSS”).

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Lesson Learned: What North Carolina Management Companies Should be Thinking About

In a recent post on a South Carolina Supreme Court case from just a few weeks ago I provided a quick breakdown of things that management companies in South Carolina must not do. As always, lessons learned from different jurisdictions

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New Mexico HOA legislation

…..two homeowner association bills, SB244 and HB374, The bills, sponsored by Sen. Mimi Stuart, D-Albuquerque and Rep. Monica Youngblood, R-Albuquerque, respectively, amend disclosure requirements, provide alternative dispute resolution methods, and cap fees that HOAs may charge for issuing financial disclosure

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New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help: Recommendations for Legislative Action”. You can read the Miami-Herald Article about the Grand Jury Report here.  Today, Senator Rene Garcia

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Missouri lawmakers propose HOA legislation, but critics say it won’t protect homeowners

Legislation in the Missouri General Assembly would address homeowners’ concerns about their homeowners associations, which sometimes find fault with issues like the color of a swing set. But critics say the legislation would only help the HOAs.    Read the

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Trio of Recent Decisions on the I v. I Exclusion Should Remind Policyholders to Annually Review the Language in Their Policy to Avoid Losing Coverage

D&O policies vary quite a bit from carrier to carrier, and language on “standard” exclusions can change from year to year. Accordingly, it is important to do a yearly review of your D&O policy to make sure your company has

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Texas High Court Finds for Insurer in D&O Coverage Dispute

The Texas Supreme Court recently ruled in favor of an insurer in a case that hinged on the applicability of an insured-v.-insured exclusion in the carrier’s directors and officers (D&O) liability policy.  The Court’s action reversed the ruling in Great

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Limitations on Community Association Approval or Denial of Service Member Rental Applications (FL)

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of submission. Within that seven day period, the landlord or association must

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Small victory for homeowners in Helen’s View case (WA)

A small victory in the ongoing legal case between the Helen’s View Homeowners Association and developers seeking to build on an HOA remainder parcel happened last week as a county Superior Court judge ruled to remove lis pendens, or a

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Elder to appeal verdict in favor of HOA (OR)

A Klamath Falls man who was ordered by a jury last week to pay an outstanding fine to his homeowners association said he plans to appeal the decision.  On Tuesday Kenneth Elder told the Herald and News he intends to

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Little Love Lost in Sedimental Affair

A lawsuit for damage to property must be timely filed to prevail in court. In Virginia, the statute of limitations for property damage is five years from accrual of the claim. When an owner suffers damage caused by a neighboring

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Plaintiffs in $4.7 million construction defect case mum after ruling

Plaintiffs in a major construction lawsuit that ended with a San Diego law firm recovering nearly $5 million have decided to stay silent after the ruling was in their favor.  The law firm, which represented Laurel Bay Community Association, won

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Proposed Maryland Legislation Would Expressly Authorize Baltimore County Homeowner Associations To Bring Nuisance Actions

House Bill 496, now pending in the Maryland General Assembly, would give express authority to Homeowner and Community Associations in Baltimore County to bring a court action seeking relief from or abatement of an alleged nuisance. Under current Section 14-125

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Construction defects bill OK’d by state Senate committee (CO)

The second piece of legislation aimed at resolving concerns with construction defects in Colorado passed 5-2 Monday by the Senate Business, Labor and Technology committee.  Senate Bill 156 would require homeowners seeking restitution for faulty work by contractors to go

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Don’t Touch that Sidewalk! Doing Too Much Could Be as Problematic for Condo Associations as Doing Too Little

We regularly advise condominium boards to be wary of taking on obligations beyond those state laws or their association’s governing documents require them to assume. A recent decision by a Massachusetts Appeals Court adds a judicial exclamation point to that

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Jury sides with HOA in Running Y suit (OR)

A Klamath County jury has ruled against two residents of Running Y Ranch Resort who challenged the legitimacy of fees charged by their home owner’s association.  On Friday a six-person jury ruled in favor of Running Y Ranch Resort Owner’s

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Apartments v. Condos: Colorado’s construction defect debate, explained

Once again, state lawmakers are arguing about changing construction defect laws.  At the heart of this issue is condo buildings– specifically, the lack of them.  Those who want to change the law argue it’s too easy to sue the builder

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Invalid Board Does Not Have Authority to Bring Lawsuit on Association’s Behalf

The Appeals Court of Illinois recently held that an association’s board of directors does not have authority to bring a lawsuit on behalf of the association if it is not formed properly according to the condominium’s governing documents and the

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Management and unauthorized practice of law (SC)

The South Carolina Supreme Court accepted this declaratory judgment action in its original jurisdiction to determine whether Community Management Group, LLC; its president, Stephen Peck; and its employee, Tom Moore, engaged in the unauthorized practice of law while managing homeowners’

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Duran says she’ll monitor GOP bill to steer construction complaints to arbitration (CO)

House Speaker Crisanta Duran said this week she intends to monitor a Republican-sponsored Senate bill aimed at encouraging construction of condominiums by changing how disputes over construction problems are resolved and “see what shape it takes” as it makes its

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Coalition of Colorado Mayors Calls on Legislatures to Pass Senate Bill 156

A bipartisan coalition of metro area mayors in Colorado called on legislatures to pass the Republican-sponsored Senate Bill 156, described as “Homeowners’ Association Construction Defect Lawsuit Approval Timelines.” The Colorado Statesman staffer Ernest Luning explains that the bill is likely

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