Governor Polis Signs Senate Bill 20-211 (CO)

In late June, SB 20-211 was approved, limiting creditors, including owner associations, from taking extraordinary actions to recover assessment delinquencies. Specifically, associations are prohibited from garnishing wages, levying bank accounts or otherwise executing on a court judgment. The Act is intended to provide some relief to individuals who have been financially impacted by the COVID […]

Supreme Court reverses appeals decision in lake level lawsuit (MN)

The state’s highest court affirmed a portion of the Court of Appeals decision regarding the lake level lawsuit and reversed a portion. Then they sent it back to the three-judge appeals panel.  In a decision issued July 15, the Minnesota Supreme Court said plaintiffs in the case against the Department of Natural Resources (DNR) brought […]

Did you know that Owner Bankruptcy Filings Do Not Discharge Association Assessments or Pre-Petition Liens?

During these challenging economic times, many owners are failing to pay assessments and may even threaten to file, or actually file for bankruptcy protection. Many associations mistakenly believe that unit assessments are fully discharged when an owner files for bankruptcy protection. Pursuant to Section 523 (a) (16) of the U.S. Bankruptcy Code (cited as 11 […]

Updated NC Condominium Act (47C)

The NC General Assembly in 2020 has made a number of changes to the North Carolina Condominium Act (NCGS 47C). All of the updated statutes have been signed by the Governor and are now in effect.    Read the article………………………………

Washington Court of Appeals Affirms Dismissal of Defamation Claims

A small group of homeowners expressed very negative views about another homeowner in their neighborhood on social media. For example, they asserted that she was a “problem board member,” “insane,” and “a plague.” She sued them for defamation. The Washington Court of Appeals recently affirmed the summary dismissal of her lawsuit.  Read the article……………………………

2020 Florida Session: Legislative Update

With the legislative session closed and the deadline expired for Governor DeSantis to veto Florida House or Senate bills, we now know the laws that will affect community associations. Below is a summary of some of these new laws impacting Florida community associations. Our forthcoming Legislative Guidebook will contain a more in-depth analysis along with […]

Will new law open the floodgates of condo development in Nebraska?

I’m only posting this link because for the past few years the developer lobby in numerous states has pushed, often successfully, to significantly reduce the ability of associations to sue condominium developers for construction defects.  The bill in Nebraska, if enacted, would make it almost impossible.  It would give developers the right to build crap […]

Can a Group Home be Built in a Single Family Association under the FHA – YES

Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act. Association counter sued alleging breaches of deed restrictions. Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction.    […]

Legislative Update on Emotional Support Animals (FL)

On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]

Community Association Not Liable for its Receiver’s Actions (FL)

Whether a tenant who prevailed in an eviction lawsuit was able to recover his attorneys fees from the community association which governed a condominium that was the subject of the receivership, the court appointed Successor Receiver for The Horizons West Property Owners Association, Inc. was at issue in the Circuit Court case of Orbe v. […]

Short-term Rental Case Impacting Community Associations

In February, the Court of Appeals of Kentucky ruled that using a property for a short-term rental didn’t classify as residential use and violated a restriction limiting the property’s use to a private summer residence.  The homeowners in the case (The Hoffman Revocable Trust v. Marshall) purchased a home in a community association, which had […]

Bad Faith Expert Testimony in Coverage Litigation

Most lawyers trying bad faith cases want to introduce expert testimony to support their claims or defenses. Under Daubert, however, “bad faith” expert testimony is not always admitted. This article addresses when this type of testimony will be admitted and when it will be limited or excluded.    Read the article……………………………..

Mold – Have to Act Quick and Tee Up Your Condo’s or Coop’s Defense (NY)

Water damage + mold growth = lawsuit for damages. Condominiums and cooperatives have to deal with water damage all the time. When it happens, even when action is taken immediately to mediate, there may be mold growth that will eventually rear its ugly head. Where there is mold, you’ll probably find a plaintiff and an […]

Daycare, the New Normal in Associations (CO)

On July 8, 2020, Senate Bill 20-126 was adopted. SB 20-126 amends CCIOA at C.R.S. §38-33.3-106.5 to require licensed daycare centers to be allowed in all Colorado associations (with the exception of communities qualified as housing for older persons under the Housing for Older Persons Act of 1995), regardless of whether or not daycare centers […]

Court grants $3k/mo License Fee, Attorneys’ Fees, Etc. for Neighbor Access (NY)

The 40 W. 20th St. Condominium has to sue to gain access to their neighbor’s property for an exterior project and the neighbor got $3,000 per month license fee, attorneys’ fees and other protections from the court. Best course is negotiating access agreements while negotiating the construction contract so there are no delays or unexpected […]

Class Action Status Granted to Association Homeowners Alleging FDCPA Violations

Plaintiffs live in Ashbrooke Property Owners Association (“Association”) and missed their annual assessment payments of $115 for three straight years. The Association hired Defendant, Equity Experts, to collect the past due amounts. Under the Declaration the past due assessments accrued interest at the rate of 18% per annum, plus the Association could charge a late […]

Residents Secretly Recorded at High-End Miami Condo Tower: Lawsuit (FL)

A fired concierge at Miami’s high-end Palm Bay Tower condominium claims he was a victim of retaliation after reporting video and audio recordings were made in the building with secret cameras.  Christian Miranda sued Palm Bay Towers Condominium Association Inc. and KW Property Management LLC, which oversees day-to-day building operations, under the state whistleblower and […]

Florida Legislature Eliminates State Registration and Reporting Requirements for 55+ Communities

If your community claims to be “housing for older persons” under federal and state law, then effective July 1, 2020, the Florida Legislature has eliminated from Florida’s “Fair Housing Act” (§760.29(2)), the requirement for your community to register with the Florida Commission on Human Relations. In addition, community associations that qualify as “housing for older […]

Court Finds This Triptych Sufficient To Establish A Director’s Breach Of Fiduciary Duty (CA)

Yesterday’s post discussed one aspect of the Court of Appeal’s holding in Coley v. Eskaton, 2020 Cal. App. LEXIS 629. The case involved a homeowner’s lawsuit against two directors of the homeowner’s association and their employers. Among other things, the plaintiff alleged that the directors approved assessments that benefited their employers in violation of the […]

New Colorado law requires homeowner associations to allow home daycares

Gov. Jared Polis signed a bill into law on Wednesday that aims to make it easier for home daycares to open in neighborhoods with homeowner’s associations.  The bill prohibits homeowner associations from banning these daycares, something supporters say has stifled many would-be childcare centers in the past.    Read the article…………………………….

Director Found To Have Breached His Fiduciary Duty By Sharing Corporation’s Privileged Information With His Personal Attorney (CA)

A homeowner in a common interest development sued the homeowner association and two of its directors and the directors employers. The directors’ were employed by two related companies engaged in the development and support of common interest developments. The homeowner association’s attorneys advised the association during the course of the litigation. One of the directors […]

Finally! Florida Passes Emotional Support Animal Law

Finally, the Florida legislature passed a bill regulating the out of control problem of Emotional Support Animals in Florida’s community associations. SB 1084 was signed into law by Governor DeSantis on July 1, 2020, and takes effect immediately. The new law provides for the following      Read the article…………………………

Loveland woman scores major win in homeowners association foreclosure case (CO)

Martha Hummel was handed a major victory on Monday as a district court judge overturned the default judgment that allowed her homeowners association to foreclose on her Loveland home in 2019.  The ruling came as a relief for the 70-year-old, who learned in August that she was being evicted from her house because of unpaid […]

2020 Amendments to the Florida Statutes Affecting Community Associations

Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance. Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, 2020, and some of which address Florida’s community associations options for regulating issues involving emotional […]

County judge orders Marco Island condo association to stop ‘unreasonable’ screening practices for new buyers (FL)

A Collier County Court judge has ordered the Crescent Beach Condominium Association on Marco Island to get rid of its “unreasonable” financial screening practices for new buyers.  The unusual ruling follows a bench trial a few weeks ago for an unusual case brought by a prospective buyer in small claims court.     Read the article………………………………..

Gov. Cooper signs bills into law (NC)

North Carolina Gov. Roy Cooper on Tuesday signed 12 bills into law………inc. Condominium Association Changes     Read the bill (PDF)……………………………

NC Community Association Legislative Update – June 24, 2020

Like most everything else in 2020, this year’s legislative session has not been typical. This is the second legislative year of the 2019-2020 Session. Normally, some of the bills that survived “crossover” in 2019 would be tweaked and considered, but new significant legislation is not all that common in the second year of a session. Due […]

DeSantis signs bill defining term ’emotional support animal,’ prohibiting discrimination (FL)

Governor Ron DeSantis signed a bill Tuesday that will define the terms “emotional support animal” and “housing provider.”  SB 1084 will prohibit discrimination in housing being provided to someone who needs a support animal as well as prohibits health care practitioners from “providing information regarding a person’s need for an emotional support animal without having […]

When can an Association foreclose against an Owner? (AZ)

The Laveen Meadows Homeowners Association (“Association”) filed a foreclosure lawsuit against a homeowner for unpaid assessments and other amounts. The homeowner did not respond to the lawsuit so the Association applied for a default judgment. The defendant then remitted payment for $5,000, which covered the entire balance of unpaid assessments. The defendant argued that this […]

Ruling Proves Community Associations Need to Revise Own Governing Documents (FL)

A ruling in May by Florida’s Third District Court of Appeal added to the growing string of decisions in recent years illustrating how an old and outdated provision in HOA and condominium association declarations is preventing some communities from collecting what they would be owed under the current state law from purchasers in foreclosure actions.  […]

$742K Verdict After Stairwell Banister Collapsed (CT)

The plaintiff was walking up a staircase in a common area of her building. Reportedly, the stairwell’s banister had broken nearly three years earlier, and had been duct-taped together by another tenant. While the plaintiff was ascending the stairs, the taped-together stairwell banister collapsed beneath her weight. She fell backward down the staircase, and sustained […]

Real estate — condominium fees (IL)

Where a condominium buyer is liable for attorney fees incurred by the condominium association arising out of default by the previous unit owner, they remain liable for their share of the total fees incurred even if the majority of the fee was not paid by the association.   Read the article……………………………….

Virginia Legislative Update 2020

Dring its 2020legislative session, the General Assembly approved a number of bills that create changes to the Property Owners’ Association Act (“POAA”), the Condominium Act and the Code of Virginia. The legislation addressed in this newsletter will take effect on July1, 2020, unless otherwise noted below.   Read the PDF………………………………

Updated report includes new state law on solar installations on homes (VA)

A new Virginia law is expanding the rights of some homeowners who want to install and use solar energy. This year, the General Assembly passed Senate Bill 504, which says HOAs can impose so-called “reasonable restrictions” on the installation of rooftop solar, and the legislation says restrictions are considered unreasonable if they increase the cost of […]

And Folks – That’s a Wrap (CO)

Having reconvened on May 26, 2020 following the roughly two-month long COVID-19 recess, the Colorado General Assembly officially adjourned sine die on Monday, June 15, 2020. Considering the impact of the COVID-19 crisis, Colorado’s legislature was forced to make difficult fiscal and policy decisions during its last weeks of business. Throughout the session, Altitude Community […]

Be Reasonable, It’s Good Business Judgment (FL)

A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida give community association boards of directors when they make informed, reasonable decisions with respect to enforcing restrictions in their governing documents. In Miller v. Homeland Prop. Owners Ass’n, Inc., 284 So. 3d 534 (Fla. 4th DCA 2019), […]

San Juan Island HOA Dispute Results in Epic Appellate Court Opinion (WA)

Twenty homeowners in a San Juan Island development spent the better part of a decade fighting (both literally and figuratively) over the meaning of a set of restrictive covenants governing the use of their land and a waterfront parcel, the boundaries between their lots and a waterfront parcel, the erection of a spite fence, and […]

NY Residential Cooperative Corporations and Condominium Associations — Left Out of Protections under Governor Cuomo’s E. O. 202.38 and the Real Estate Entity Guidance But Must Prepare Business Safety Plans

On June 6, NY Governor Andrew Cuomo issued Executive Order No. 202.38 which provides commercial building owners and retail store owners and managers with immunity during the covered period, from claims of violation of the covenant of quiet enjoyment and frustration of purpose if they deny admittance to individuals who refuse to participate in discretionary […]

Implied Coinsured? Subrogation Actions Against Condominium Tenants (VA)

When considering a claim’s subrogation potential, insurance carriers are often confronted with contractual waivers of subrogation that potentially bar the claim. One of the most common waivers carriers face are those involving property damage claims in condominium buildings. In a recent decision, the Virginia Supreme Court held that in the absence of specific language otherwise, […]