Legal & Legislative News

Back to homepage

How super-liens help your HOA collect on delinquent assessments

Freddie Mac caused a quiet stir in the CAM industry in the past few days with their announcement of new revisions on the policy governing assessment delinquencies in Super Lien states. If that last sentence wasn’t gobbledygook to you, this

Read More

Condos must follow law when demanding money from lenders (FL)

On August 14, Florida’s Third District Court of Appeal ruled that a bank which had taken title to two condominium units was entitled to its attorney’s fees from a condominium association just as any other condominium owner would be pursuant

Read More

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority

Read More

Purchasers of Condominiums in San Diego’s Mixed Use Hard Rock Hotel May Not Sue for Securities Violations

The Court of Appeal recently came down with a decision regarding a lawsuit filed by several condominium owners who bought units in the Hard Rock Hotel San Diego, a mixed-use development with 420 condominium units. The Court of Appeal’s decision

Read More

Freddie Mac Revises Policy on Assessment Delinquencies in Superlien States

CAI National has just published the following statement on a new Freddie Mac policy addressing delinquencies in superlien states. Since Colorado is lucky enough to be a superlien state, this new policy will impact Colorado HOAs. Here is what CAI

Read More

A Rose by Any Other Name (Arbitration)

Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the

Read More

Bank awarded fees after condominium association pushes too far!

On August 14, 2013, Florida’s Third District Court of Appeal ruled that a bank which had taken title to two condominium units was entitled to its attorney’s fees from a condominium association just as any other condominium owner would be

Read More

How will recent laws affect HOAs? (Nevada)

This is the first of a four-part series of articles pertaining to the new Nevada Revised Statutes homeowner association laws that were passed by the legislature in July.   Read more…..

Read More

Your California Condo May Be Secure, But Not A Security

Two years ago, I wrote about U.S. District Court Judge Dana Sabraw’s opinion in Salameh v. Tarsadia Hotels, 2011 U.S. Dist. LEXIS 30375. The case involved the question of whether ownership interests in individual units of the Hard Rock Hotel

Read More

Justice Department Reaches Settlement with HOA and Management Company in Fair Housing Lawsuit Involving Occupancy Limits

The Justice Department announced today that the Townhomes of Kings Lake HOA Inc. (HOA) and Vanguard Management Group Inc. have agreed to pay $150,000 to settle a lawsuit alleging violations of the Fair Housing Act (FHA). The lawsuit alleged that

Read More

Do New Laws Provide Unintended Consequences?

The recent session of the Florida legislature produced a series of new laws affecting community associations in Florida. However, often times the creation of new laws have unintended consequences that could not be foreseen.  Read more….

Read More

Construction Defect Litigation Begins With Authority to Sue

Whether a plaintiff has standing or the authority to sue is a basic question that should be asked by all defendants upon service of a lawsuit, just as they should ask whether the plaintiff has complied with the statute of

Read More

Philadelphia Condominium awarded fraud damages for failure to disclose defects

A Philadelphia jury recently awarded a condominium Association over $5 million, including almost $1 million in punitive damages. The Belgravia Condominium Association sued the declarant (the sponsor/developer) and engineer involved in the construction of the condominium building. The suit, filed

Read More

Essential Documents in a Collection Trial

Has your association been involved in a collection matter that went to trial?  Very few of our collection cases make it to trial, but when they do, it can be unnerving for board members and managers because it may be

Read More

Discovery – It’s Not Just a Channel

Although Discovery is a very interesting cable channel, it is also a broad all-encompassing term to describe the fact-finding process in a lawsuit. Lawyers are literally discovering facts, evidence, witnesses, and case theories utilizing a variety of discovery tools. Without

Read More

Check your condominium association insurance policy coverage

It appears it has become more complicated in determining what a condominium association insurance policy covers as a result of a recent reported 4th District Court of Appeals case; Citizens Property Insurance Corporation v. River Manor Condominium Association, Inc (River

Read More

Watch Your Language: Carefully Drafting Contracts Protects Associations

The vast majority of both one-time projects and long-term service contracts involving vendors and service providers and their condominium or HOA clients go smoothly and either conclude or continue without incident. However, a small percentage of jobs do jump the

Read More

FHA Relents on Condo Transient Leasing Restrictions

The Federal Housing Administration has announced that condominiums providing bank owned properties limited flexibility from transient leasing prohibitions are now eligible for FHA approval. CAI applauds FHA’s decision, which will make it easier for more condominiums to be certified by

Read More

Canada: Service Animals In No-Pet Condos

Pets in condominiums is a very controversial topic. Some condominiums prohibit pets and other condominiums allow them. Prudent pet owners should be checking the condominium’s documents before buying a condominium to ensure that pets are permitted.   Read More…..

Read More

Changing rights and obligations for construction defects in community associations in New Jersey

The rights and obligations of both developers and community associations have been expanded by the reported decision of the Appellate Division of the Superior Court of New Jersey in Belmont Condominium Association, Inc. v. Geibel, et al., which was decided

Read More

You May Have Recourse When a Court Denies Your Board Attorneys’ Fees

Collections have become an area of increasing concern for condominium associations, as some unit owners struggle to pay their common charges on time and in full. As unit owners’ debt continues to rise, associations are left with few options to

Read More

FHA Relents on Condo Transient Leasing Restrictions

The Federal Housing Administration has announced that condominiums providing bank owned properties limited flexibility from transient leasing prohibitions are now eligible for FHA approval. CAI applauds FHA’s decision, which will make it easier for more condominiums to be certified by

Read More

A second-hand lesson in dealing with a smoking neighbor

Second-hand tobacco smoke is not in and of itself a nuisance. That is now the law in Maryland based on a case just handed down by the Maryland Court of Special Appeals.   Read More……

Read More

Texas HOA Law – 2013 Legislative Update

On May 27, 2013, the Texas Legislature concluded the 2013 legislative session. Unlike the 2011 legislative session, in which the Texas Legislature enacted the most significant reforms to Texas HOA laws in almost 20 years, the legislation passed by the

Read More

Banning Lawns

Recognizing their role in sustainability efforts, many local governments are enacting climate change plans, mandatory green building ordinances, and sustainable procurement policies. But thus far, local governments have largely ignored one of the most pervasive threats to sustainability — lawns.

Read More

When do condominium associations have standing to sue under the (NJ) Consumer Fraud Act?

In a recent decision, the Appellate Division restated and clarified the rules regarding when a condominium association has standing to sue a developer. In Belmont Condominium Association v. Geibel, an association sued the sponsor/developer/contractor of the Belmont, a seven-story, thirty-four

Read More

The Ins & Outs of Electric Vehicle Charging Stations under SB 13-126

In 1886, we were introduced to the first gasoline automobile powered by an internal combustion engine. Today, we fast forward to the first automobile powered partially or totally on electricity. Although electric vehicles (“EV”s) made a brief appearance at the

Read More

Davis-Stirling: Foreclosure Notice Requirements are Strictly Construed

The Sixth Appellate District holds that the pre-foreclosure notice requirements of the Davis-Stirling Common Interest Development Act must be strictly construed to create a valid lien. Only valid liens may be recorded and subsequently foreclosed by the association. The case

Read More

Plaintiff estopped from denying liability for attorneys’ fees

The Plaintiff in this Homeowner’s Association case lived and owned a home within a multi-association community. His neighborhood was governed by a Homeowners Association and the collection of neighborhoods in his community, each consisting of an individual Homeowners Association, were

Read More

50th anniversary of Illinois condo act

Fifty years ago this month, landmark legislation went into effect: the Illinois Condominium Property Act.  The law laid the groundwork for a new type of shared homeownership, one that has proliferated not only in Illinois but throughout the country.   Read

Read More

Florida Supreme Court: Law protecting builder went too far

The Supreme Court says Gov. Rick Scott and the Legislature went too far when it tried to settle a legal dispute on behalf of a developer being sued by a homeowners association. The ruling Thursday said a bill Scott signed into

Read More

Case Summary Of Pulte Home Corp. v. Vermillion Homeowners Association

In a lawsuit alleging construction defects in homeowners’ individual townhomes, Florida’s Second District Court of Appeal ruled that a homeowners’ association was bound by arbitration agreements between its members and the developer. The arbitration provisions were contained in the purchase

Read More

Appeals Court Ensures Equal Access During Elections

A California appellate court recently overruled a trial court decision that allowed a homeowners association board to advocate a point of view in an election to amend the association’s governing documents. Wittenberg v. Beachwalk Homeowners Association, which the court certified

Read More

United States Supreme Court Issues Important Land Use Decision Affecting Monetary Permit Conditions

On June 25, 2013, the United States Supreme Court decided Koontz v. St. Johns River Water Management District, No. 11-1447, an important land use decision that may give developers and private property owners a stronger position in the negotiation of

Read More

New York Legislative Update for 2013

The New York State legislative season is here again, and bills of all kinds are being considered, including housing. Some of these bills directly impact co-op and condo board members, managers and residents. Housing is also on the agenda in

Read More

2013 statutory revisions to condominium, homeowners’ association and cooperative acts (FL)

Three bills have recently been signed into law by the Florida Governor that may be of particular interest to condominium, homeowners’ and cooperative associations. House Bill 73 becomes effective on July 1, 2013, and revises the Condominium, Homeowners’ Association and

Read More

Disclosure Packets and Resale Certificates Revisited: Recent Statutory Amendments

Bills recently passed in the Virginia General Assembly extend the list of items for inclusion in property owners’ association disclosure packets and condominium association resale certificates, and also broaden non-association disclosure requirements.? Effective July 1, 2013, disclosure packets may or

Read More

New Texas Statutes from the 2013 Legislative Session Affecting Associations

This month the governor signed ten legislative bills affecting Associations into law, as discussed below. An omnibus bill provides multiple amendments and additions to the Texas Uniform Condominium Act (Chapter 82 of the Texas Property Code). All associations must file

Read More

Two New Laws Affect Washington Community Associations

Almost every session of the Washington Legislature produces new laws pertaining to Washington condominium and homeowners associations.  This legislative session resulted in the passage of two such laws – one governing speed limit enforcement and one governing meeting notices.   Read

Read More

Homeowner’s Wind Turbine Ruled Nuisance

Nevada’s highest court has considered whether to uphold an injunction preventing the construction of a wind turbine in a residential subdivision. Rick Sowers (“Sowers”) communicated to his neighbors in the Forest Hills Subdivision (“Subdivision”) that he planned to build a

Read More

California Community Associations May be Required to Provide Owners’ Email Addresses

The Greater Los Angeles Chapter of Community Associations Institute has published its May/June issue of Focus Magazine, which features an article by David Swedelson, Esq. describing case law which affects California community associations’ disclosure responsibilities. As David describes in the

Read More

CT: Gov Malloy Signs Heritage Village Condo Voting Bill

Connecticut Governor Malloy has signed into law legislation that would make it easier to defeat an annual budget the state’s largest condo complex – Heritage Village in Southbury.  Read More……

Read More

Bill Introduced in United States Senate to Replace Fannie and Freddie

If you remember during the mortgage meltdown a few years ago, Fannie Mae and Freddie Mac became embroiled in scandal and bad press. It now looks like there is some movement in the United States Congress to deal with Fannie

Read More

Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act

The Department of Justice and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.

Read More

Maryland Court Decisions Bring Uncertainty To Resale Disclosure Requirements

The interpretation of condominium resale disclosure requirements remains unclear as a result of certain Maryland court decisions and the Maryland General Assembly’s failure to provide clarification during the 2013 Session.  Read More…..

Read More

The Importance of the Declaration of Covenants and Restrictions for Community Associations Filing Liens

Community associations should always record their respective Governing Documents and this becomes of particular importance if the documents provide for the creation of a lien upon failure to pay assessments. This is never more true than as reflected in a

Read More

Appellate Court Reverses Foreclosure Judgment for Lack of Proper Notice to Unit Owners by Association

A decision earlier this month by the Third District Court of Appeal serves as a good lesson to community associations and their attorneys about the importance of working closely with their process servers to ensure that all of the statutory

Read More

Condo Association Wins Revolving Door Case

The Georgia Court of Appeals affirmed the grant of summary judgment to Park Avenue Condominium Association, Inc. in Lorraine Siegel’s action for injuries sustained when she fell while standing within the automatic revolving door in the Association’s lobby, holding that

Read More

AZ: Gov. signs last minute bill with major issues for HOA’s

Homeowner associations were dealt a kick in the face Thursday when Gov. Jan Brewer signed a sweeping campaign finance bill that became a catch-all vehicle for a number of stalled measures in the Senate and House in the final hours

Read More

Homeowner Has No Right to Lawyer at Association Meeting—CA Court of Appeal

A property owner’s right to attend a meeting of a homeowner’s association does not necessarily include the right to send a lawyer to represent the owner at the meeting, the Fourth District Court of Appeal has ruled.  Div. One yesterday

Read More