Legal & Legislative News

Back to homepage

NC: Unclear if lawmakers will take on homeowners’ associations this session

Despite the lengthy and well-attended legislative hearings last year on homeowners’ associations, lawmakers have been reluctant to act in earnest on reforming HOAs – entities that can spawn neighborhood dramas rivaling reality television.  Read more….

Read More

HOA Debt Collection Bill Just Introduced in Colorado

The purpose of the bill is to: (1) de-escalate the scorched earth perception that HOAs immediately resort to foreclosure when small delinquencies are at issue; and (2) to provide a one-time opportunity for homeowners to enter into a payment plan

Read More

Covered Bridge battle reaches end

The years-long battle by residents of Covered Bridge subdivision to form a town and block annexation by Sellersburg has finally hit a dead end.  Read more…..

Read More

New Condo Laws Scheduled For Monday Public Hearing In Hartford

A public hearing has been scheduled for Monday on several proposed bills involving Connecticut condominium laws, including legislation that would require banks to reimburse associations for up to 12 months of maintenance fees in case of foreclosures.  Read more……

Read More

CO: Foreclosure ‘Reform’ or Headache for Associations?

Recently introduced House Bill 13-1249 has been promoted as an attempt to ‘reform’ the public trustee foreclosure process by requiring lenders to prove that they hold the Deeds of Trust being foreclosed and further requiring them to negotiate and work

Read More

CT: Responding to Concerns: Community associations

Each week, I try to incorporate much of what we are focusing on at the state legislature to keep you informed. Now that we are about halfway through the current session, many legislators have been inundated with emails and calls

Read More

The Dakota Lawsuit: What Happened to Nick Biondi Could Happen to You

The current discrimination lawsuit against the famed co-op the Dakota by African-American investment executive Alphonse Fletcher Jr. sent chills down co-op and condo board members’ spines last July when the judge in the case overturned one of the bedrock decisions

Read More

Maryland House Passes Bill To License And Regulate Property Managers

By a vote of 103 – 35, the Maryland House of Delegates has passed HB 576, which would establish a new regulatory agency for the licensing of community managers of condominiums, cooperative housing corporations, and homeowners associations.   Read more…

Read More

WA Supreme Court to decide amendments prohibiting short-term rentals

Lawyers for opposing groups of homeowners in Chiwawa River Pines debated questions of residential vs. commercial use Tuesday, asking the Washington Supreme Court to settle a long-running feud over how homes there are rented.   Read more…..

Read More

Maryland Senate and House Pass Measure Providing For Closed Meetings of Condominium Boards To Consider “Business Tranactions”

House Bill 388 and Senate Bill 197 have both been approved by unanimous votes in each house of the Maryland General Assembly. The identical enactments would amend Section 11-109.1 of the Maryland Condominium Act to provide that the board of

Read More

Florida Legislative Session Week 2 Update– Call Alert For March 17, 2013

Here are the highlights of Week 2 of the 2013 legislative session:  Read more…

Read More

Proposed Legislation Would Give Texas HOAs Power to Foreclose Without Court Assistance

Earlier this month, Rep. Kenneth Sheets (Dallas) introduced HB 2928. If passed, this bill would give Texas Homeowners Associations legal authority to foreclose assessment liens (for HOA dues and similar charges) non-judicially (on the courthouse steps) much like a mortgage

Read More

Texas homeowners may have drought-resistant lawns

he Texas Legislature has guaranteed the right of landowners to install drought-resistant landscaping. The Senate passed a bill Monday denying homeowners’ associations the power to ban landscaping designs intended to save water. The bill now goes to Gov. Rick Perry

Read More

Recent Florida Supreme Court Ruling Helps Association Injured by Insurance Broker

On March 8, 2013, the Florida Supreme Court issued a 5-2 ruling in the case of Tiara Condominium Association, Inc. v. Marsh & McLennan Companies which has been widely cheered by plaintiff’s attorneys. The nature of this dispute stemmed from

Read More

Free Speech Decisions Leave Rule-making Authority of Community Associations Intact

The sky is not falling! I feel compelled to make that point in the wake of another in a series of recent court decisions concluding that community association rules must respect, at least to some degree, the Constitutional right to

Read More

Maryland Legislature Considers Limits On Attorney’s Fees Charged To Homeowners

Legislation pending in the Maryland General Assembly would limit attorney’s fees recoverable by condominiums from unit owners, and by homeowners associations from lot owners, in connection with collecting assessments or fines.   Read More……

Read More

Ontario: Directors personally responsible for costs of litigation to quash owners’ rights

Noteworthy costs awards were recently released in Middlesex Condominium Corporation No. 232 v. Owners, which we cited as number 6 in our top 10 condo law cases of 2012 as follows: Faced with an increasingly unhappy ownership, the board commenced

Read More

TN bill would pass foreclosure fees to neighborhoods

Foreclosures have always been an ugly, heartbreaking business. But now, instead of just feeling sorry for people who have lost their homes, Tennesseans might soon be paying money for someone else’s foreclosure.  Read More……

Read More

Recovering Pre-Litigation Attorney’s Fees in HOA Disputes

In our recent blog post entitled “Are Attorney’s Fees for ADR Recoverable?” we touched briefly on the recently decided case of Grossman v. Park Fort Washington Association (2012) 212 Cal. App. 4th 1128 (“Grossman”). In response to requests for more

Read More

A Guide to the Revised Davis-Stirling Act (AB 805)

I recently spoke to the Inland Empire Chapter of CAI regarding the upcoming changes to California’s Common Interest Development Act, or the Davis-Stirling Act, which takes effect on January 1, 2014. In preparation for that presentation, it became clear that

Read More

California Community Associations May be Liable for Injuries Suffered in Trip and Fall Accidents on City Sidewalks

There have been a number of articles written over the last few years regarding the fact that municipalities do not have the money or resources to repair sidewalks broken up by tree roots. There had been some programs in some

Read More

Utah: Last Week of Legislative Session: What’s in Store?

It’s the last week of the Utah 2013 general legislative session, which is set to end Thursday, March 14, at midnight, and there are a few HOA bills on the path to becoming law. Here’s a summary and update on

Read More

TX Legislator proposes mandatory water supply reporting

Pending legislation in Texas is aimed at helping residents weather the continuing drought by mandating water reporting for those cities with low water supplies and also loosening homeowner covenant restrictions, allowing residents to plant drought-tolerant landscaping.  Read More……

Read More

Riverdale Peaks Homeowners Ass’n v. Auto-Owners Ins. Co

Riverdale Peaks Homeowners Ass’n v. Auto-Owners Ins. Co., No.11-cv-01920-WJM-MJW, 2012 U.S. Dist. LEXIS 54180 (D. Colo. Apr. 18, 2012) An exclusion for “liability based upon any intentionally dishonest or fraudulent act or any judgment based upon any intentionally dishonest or fraudulent act” contained

Read More

Maryland Legislature Considers Requirements For Foreclosure of Liens By Condominiums, Coops and Homeowner Associations

House Bill 811, now pending before the Maryland General Assembly, would establish new notice requirements before a condominium, cooperative housing corporation or homeowner association would be able to pursue lien foreclosure for unpaid assessments. The proposed enactment of new Section

Read More

2013 Community Association Proposed Legislation

The 2013 Florida legislative session will soon kick into high gear, and with it will come another round of bills related to Florida community associations. This article provides a brief overview of bills that have been filed in the Florida

Read More

Bill would make it illegal for HOAs to foreclose on homes

A bill making its way through the house would make it illegal for a homeowners association to foreclose on a house.  Read More……

Read More

Maryland General Assembly Again Considers Legislation To License And Regulate Community Managers

A proposal to establish a new regulatory agency for the licensing of community managers,  that failed in during 2012 legislative session, is again before this year’s session of the Maryland General Assembly.  House Bill 576 would establish a new regulatory agency for the licensing

Read More

California bill would ban smoking in multi-unit housing

Millions of Californians would not be able to smoke tobacco inside their own homes under new legislation that would raise the bar nationwide for fighting secondhand smoke.   Read More……

Read More

Bill In Maryland General Assembly Would Preclude Lien Foreclosures From Including Amounts Due For Fines and Related Fees

A bill now pending in the Maryland Legislature would prevent condominium’s, cooperative housing corporations, and homeowner associations from including in a lien foreclosure action amounts due for fines and attorney’s fees incurred in recovering fines. Instead, foreclosure of a lien

Read More

Strata Apartments as Investments

You might think that strata apartments are real estate. And, mostly you’d be right. But you’re not Donald Trump.  Sometimes strata apartments are so embedded into complex building operation and management structures that they no longer have typical real estate

Read More

State Supreme Court holds key to condo assessment case

When Lisa Carlson stopped paying her condominium assessments nearly four years ago, she never expected that her legal battle over a leaky roof, bulging drywall and cracked ceilings would wind up before the state Supreme Court. An appeals court paved

Read More

Bill In Maryland Legislature Would Add Business Negotiations As A Further Basis For A Closed Meeting Of A Condominium’s Board of Directors

House Bill 388, now pending before the General Assembly, would permit a condominium’s board of directors to hold a closed meeting to discuss negotiations pertinent to a business transaction. It would amend Section 11-109.1 of the Maryland Condominium Act to

Read More

Part 2 on Virginia’s Unauthorized Practice of Law Rules and Community Associations – What is considered the unauthorized practice of law?

Virginia has only one UPL opinion that pertains specifically to HOAs. UPL Opinion 139 addresses “whether a company providing management services to a condominium association, may prepare and file liens on behalf of the association.” A lien filed for a

Read More

HUD issues aggressive new fair housing rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule—which it plans to apply retroactively—is simply a codification of its existing position that the Fair Housing Act authorizes

Read More

Maryland Legislature Considers Bill To Require Information As To “Potential” Special Assessments In Resale Contracts

House Bill 23, now before the Maryland General Assembly, would require information concerning “potential” special assessments to be included in resale contracts for both condominium units and properties subject to a homeowers association. Perhaps in response to the protracted litigation

Read More

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the validity of contracts containing arbitration clauses (which

Read More

Utah LAC Issues Statement on SB 64 (Reserves)

As many of you may know, the 2013 General Session of the Utah Legislature is in full swing on Capitol Hill. A few bills enacting or amending HOA laws are in the works and I’ll be summarizing and commenting on

Read More

More News on the Proposed Community Association “Superlien” in Georgia

The Senate Banking and Financial Institutions Committee is poised to consider Georgia Senate Bill 56 and a priority lien for community associations this Friday, February 22, 2013.  Read More……

Read More

Asbestos in the condominium – now what?

The Condominium Act, 1998, SO, c.19 (the “Act”) is sometimes inaccurately viewed as addressing all things related to the function and maintenance of a condominium corporation. The common law and other legislation greatly affect how a corporation must be managed

Read More

The Road Ahead

With a new Congress sworn in and the pageantry of President Obama’s inauguration passed, CAI is moving aggressively in Washington, DC to make sure your voice is heard. The road ahead for CAI’s federal affairs agenda includes fairness in disaster

Read More

Massachusetts’ Medical Marijuana Law Will Complicate Debate over Smoking in Community Associations

Massachusetts voters last fall said a resounding “yes” to medical marijuana, approving a petition legalizing the use of that otherwise illegal drug for medical purposes. The Bay State joins 17 other states ? Rhode Island, Vermont, Maine and Connecticut among

Read More

Third DCA Opinion Deals Significant Blow to Condo Associations That Foreclose on Units in Advance of Banks

For the past several years we have written many articles in this blog encouraging condominium associations to aggressively move their foreclosure cases forward in order to take ownership of those units whose owners are delinquent in advance of the banks’

Read More

TX: Homeowners want legislation cleaned up

Business owners and homeowners from across Texas rallied Tuesday at the Capitol in support of their community associations.  Read More……

Read More

Colorado Overhauled Electric Car Charging Station Bill Passed by Senate Local Government Committee

The Senate Local Government Committee just passed out of Committee an overhauled version of SB 126 which was introduced by Senator Guzman to address the installation of electric car charging stations in apartment buildings and HOAs. In terms of HOAs,

Read More

Colorado: Changes to HOA Information & Resource Center proposed

HB 13-1134, which was recently introduced in the Colorado House of Representatives, proposes some interesting changes to the laws creating the HOA Information & Resource Center. As reported here earlier, the HOA Information & Resource Center was created in 2010

Read More

Due process changes in Virginia

For years, Virginia community associations have enforced their governing documents by suspending nonessential privileges or by imposing monetary sanctions against owners who violate association covenants. Associations typically establish the process they will follow to impose sanctions through adoption of resolutions

Read More

All HOA and Eviction Lawyers Should Read This Case

One of the more powerful and least understood provisions of the Forcible Entry and Detainer statute allows condo associations and certain other community interest associations to evict homeowners from their units for the non-payment of assessments. The association can then

Read More

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction Defect Litigation

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business risk exclusions,” for example. Those exclusions, which are found at paragraphs 5

Read More

Diarrhea Signs (And Others) Now Required for California Condo and HOA Pools

Have you heard the latest regarding new required pool signage at California community association pools? Our attorneys have been receiving a lot of inquiries about whether a new “poop sign” is required to be posted at community associations that have

Read More