Legal & Legislative News

Back to homepage

Sandy-Related Suits Against Co-ops, Condos Face Unique Challenges

Months after Hurricane Sandy devastated buildings all over New York City, co-op and condo owners are still filing lawsuits accusing their building managers of negligence in preparing for the storm. These plaintiffs face a unique challenge: How can they show

Read More

FL: Perspectives on 2013 Legislative Session – New homeowner association law

This has been a busy year for homeowner association (HOA) bills. Early in the year, Senator Hays proposed SB596 that was a blanket rewrite of Chapter 720, originally proposed by a “consumer advocacy” group.   Read More……

Read More

CO: Lawmakers pass HOA-related bills in final hours of session

Lawmakers also sent Hickenlooper House Bill 1277 which would require community association managers, management company executives and those who directly supervise managers to be licensed in Colorado.  Read More……

Read More

Puerto Rico Federal Court Issues Opinion Explaining Its Prior Order On Proselytizers’ Access To Gated Communities

In a long-running free-exercise/ free-speech case, in March a the federal district court in Puerto Rico, on remand from the 1st Circuit, ordered neighborhood homeowners’ associations (urbanizations) that allow entry into the neighborhood only through an unmanned locked gate operated

Read More

The Privilege of Being a Board Member

Members of community associations and, in particular, the boards of directors, are being asked to make tough decisions regarding the use of community funds. Acting in the best interests of the association, many boards seek legal and other professional advice with regard

Read More

Florida: Formal Advisory Opinion Request Regarding Community Association Managers

Notice of Filing Proposed Advisory Opinion The Standing Committee on UPL, pursuant to R. Regulating Fla. Bar 10-9.1(f)(3), provides this notice of filing a proposed advisory opinion on the activity of community association managers. The proposed opinion will not change

Read More

FHFA Limiting Fannie Mae and Freddie Mac Loan Purchases to “Qualified Mortgages”

The Federal Housing Finance Agency (FHFA) announced today that it is directing Fannie Mae and Freddie Mac to limit their future mortgage acquisitions to loans that meet the requirements for a qualified mortgage, including those that meet the special or temporary qualified mortgage

Read More

Update from CAI’s Legislative Action Committee on HOA Reform Bills

Members of Community Associations Institute in Colorado have received the following update from CAI’s Colorado Legislative Action Committee on the HOA Reform Package of bills:  Read More……

Read More

Court Of Appeal Makes Condominium Association Foreclosures More Costly

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No.

Read More

Ohio Community Associations Dodge a Sales Tax Bullet

On February 12, 2013, a new budget and tax reform plan known as House Bill 59 was introduced. Under the proposal, Ohio’s sales tax rate would have been lowered from 5.5% to 5%. To make up for the lost revenue

Read More

Colorado: Get Charged Up! Electric Vehicles Coming to a Neighborhood Near You

Governor Hickenlooper signed SB13-126 into law today, requiring community associations to permit owners to install Type 1 and Type 2 electric vehicle charging stations on their lots and on limited common elements designated for an individual owner’s use. SB13-126 adds

Read More

Circuit Court Judge Dismisses Lansdowne Suit Against OpenBand

On the heels of what has been considered a victory in federal court, the Lansdowne on the Potomac homeowners’ association hit a stumbling block in its state suit against its telecommunications provider OpenBand.  Read More……

Read More

Homeowners’ Associations May Need Assignment of Developer Rights

A recent Second District Court of Appeal decision in Nieto v. Mobile Gardens Assn. of Englewood illustrates some important points for both mandatory and voluntary homeowners’ associations. In this case a voluntary mobile home association sought to enforce revitalized covenants

Read More

Colorado: HB 1134 Clears Senate on Party Line Vote

As expected, House Bill HB 1134 (HB 1134) has cleared the Senate on a 20 to 15 party line vote. HB 1134 is the bill that will study the need for expanded regulatory authority for the HOA Information Officer and

Read More

Florida 2013 HOA Legislation Highlights

Last week the House of Representatives and the Senate passed Bill 7119 providing many needed amendments to Florida Statute 720, the statute regulating homeowner associations. We are now waiting for the governor to sign the bill into law, which would

Read More

Federal lawsuit on Norristown condo inspections dismissed

The federal lawsuit against Norristown officials involving the construction of the 26-unit condominium building at 770 Sandy St. was dismissed by U.S. Magistrate Judge Eduardo Robreno in a 30-page order Friday. Robreno heard legal arguments April 11 from attorneys Robert

Read More

My Year of Living “Legislatively”

Before I begin, I need to point out that I am not an attorney. I am a volunteer member of the Connecticut chapter of the Community Associations Institute’s Legislative Action Committee (LAC). I nominated myself and applied to join by

Read More

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider coverage for

Read More

New Arizona law limits future HOAs’ control of parking on public streets

A more than 5-year-old battle to strip homeowners associations of their authority to make and enforce parking rules on public streets has succeeded — at least in part. Gov. Jan Brewer this month signed a bill that forbids future HOAs

Read More

HOAs Fight Solar, Homeowners Fight Back

You own your home. You want to save on your electric bill and reduce your carbon footprint. You’ve paid for a roof that can support solar panels. The next step is to research solar installation companies that serve your area,

Read More

Illinois Supreme Court: Chicago ordinance allowing unit owners to see records is valid

The primary issue in this appeal is whether a City of Chicago ordinance allowing condominium unit owners to inspect condominium association financial books and records is a valid exercise of the City’s home rule power. We affirm the appellate court’s holding that the City’s

Read More

CA: Hoffman et al v. Pacific Crest Community Association

Sarah and Glenn Hoofman appeal summary judgment in favor of respondent and cross-appellant Pacific Crest Community Association (PCCA). The Hoofmans commenced a class action on behalf of all members of PCCA and sued the developers of their single-family home’s development, as well as

Read More

CO: HB 1134 and HB 1276 Clear the Senate Local Government Committee

House Bill 1134 (HB 1134) and House Bill 1276 (HB 1276) just cleared the Senate Local Government Committee and will proceed to the full Senate for consideration.  HB 1134, which is being sponsored in the Senate by Senate Majority Leader

Read More

Fourth DCA Rules Insurance Companies Not Required to Provide Coverage for all Portions of Condominium Property

Recently, the Fourth District Court of Appeal in the case of Citizens Property Insurance Corp. v. River Manor Condominium Association, Inc., ruled that an insurer is not required to provide an association with coverage for “all portions of the condominium

Read More

Breach of Restrictive Covenant Claim Did Not Trigger CGL Duty to Defend

In a recent opinion, the Dallas Court of Appeals held that a breach of restrictive covenant claim against a condominium owner did not trigger a duty to defend under the condominium association’s commercial general liability policy. Brown v. American Western

Read More

Florida Legislative Session Week 7 Update

As we head into the last two weeks of the 2013 Legislative Session, it looks like there will be at least one major community association bill that will pass, and possibly a significant HOA bill. In addition, the mortgage foreclosure

Read More

Fee Clause Interpretation/Homeowner Associations: HOA Not Entitled To Fee Recovery For Fiduciary Duty Victory Because Administration Of CC&Rs Fees Clause Doesn’t Cover Fiduciary Breach Claims

In Hoofman v. Pacific Crest Community Assn., Case No. B230036 (2d Dist., Div. 1 Apr. 16, 2013) (unpublished), an HOA won some breach of fiduciary claims against homeowners. However, they were denied fee recovery. The appellate court affirmed, finding that

Read More

Court Decisions provide Guidance, Hope and Warnings for Boards Dealing with Fair Housing Accommodation Requests

To read the headlines, you’d conclude that condominium associations are forever on the wrong end of Fair Housing-related discrimination complaints, and in fact, they do lose often enough to make Saint Jude (the patron saint of lost causes) seem an

Read More

CO: Lawmakers kill lawsuit limits on condo defects

Tort reform on construction defects in Colorado will have to wait another year. After a hearing spanning two days, the state Senate Judiciary Committee on Wednesday killed SB 52, a proposal by Sen. Mark Scheffel, R-Parker, to limit lawsuits over

Read More

FL: SB 580 to be Considered in Senate Rules Committee

The Senate HOA bill, SB 580 (Sen. Hays), is on the agenda for the Rules Committee on Wednesday, April 17 at 2:30 p.m. It is very likely that the bill will be changed before tomorrow’s meeting. The developers are lobbying

Read More

CA: Court Rules in Tramonto Dispute

A State Court of Appeal has affirmed a summary judgment in the continuing Castellammare litigation battle that pitted a homeowner against another neighbor and the local homeowners association. Just to recap: the case began in 2006 when Saied Kashani filed a

Read More

CO: Manager Licensure Bill Clears First Hurdle in the House

Earlier this afternoon, on a 6 to 5 party line vote, the House Business, Labor, Economic & Workforce Development Committee passed an amended version of HB 1277 – the manager and management company licensure bill. Read More……

Read More

Court Says HOA Can Issue Speeding Tickets; What’s Next, Undercover Ops?

The Illinois Supreme Court held in January that an HOA’s hired security officer could stop and issue a valid speeding ticket againsta home owner. Here, we explain the court’s decision in Poris v. Lake Holiday Property Owners Association and whether

Read More

CO: HOA Debt Collection Bill Approved by House Business Committee

Late yesterday afternoon, the House Business, Labor, Economic and Workface Development Committee passed an amended version HB 1276. Highlights of the bill as originally introduced include the following:  Read More……

Read More

Maryland General Assembly Passes Limits On Lien Foreclosures

The Maryland General Assembly has passed amendments to the Maryland Contract Lien Act that effect the foreclosure of liens by condominiums and homeowners associations. The changes to Section 14-204 of the Real Property Article of the Maryland Annotated Code prohibit

Read More

FL HOA Bills Continue to Change

As I mentioned in my blog post from April 3, 2013, the Senate Regulated Industries Committee adopted a PCS (“Proposed Committee Substitute”) for SB 580, relating to homeowners’ associations (HOAs). My blog post from April 3, 2013 included a complete

Read More

Leadership Withdrawing Land After Purchase? Oh I Don’t Think So!

CCIOA has an interesting provision, contained in Section 210(4), which allows developers to withdraw property included in an association only if: (1) a portion of the real estate is subject to withdrawal; and (2) a unit in such portion of

Read More

4th Circuit U.S. Ct. of Appeals finds exclusive easement violates FCC exclusivity order

The 4th Circuit U.S. Court of Appeals (4th Circuit) has ruled that the exclusive agreements between the Lansdowne Homeowner Association (Lansdowne HOA) and OpenBand at Lansdowne (OpenBand), a telecommunications, Internet and video services reseller, violate the Cable Television Consumer Protection

Read More

New Jersey Condominiums are Able to Limit Certain Liability Claims

On March 20, 2013, the Superior Court of New Jersey ruled in Irma Sanchez v. The Villages Association that the burden of proving the validity of a community association’s bylaws limiting its liability in personal injury cases rests with the

Read More

Legal marijuana a conundrum for Colorado condominium complexes

You’re a condo manager, and now you have residents complaining about odors of legal marijuana wafting down the hallways. What to do?   Read More……

Read More

Maryland Senate and House Both Have Bills To Limit Collection Of Attorney Fees In Actions Against Homeowners

Bills introduced late in both houses of the Maryland General Assembly would limit the rights of condominiums and homeowners associations to recover attorney’s fees from homeowners.   Read More……

Read More

Are California Community Managers Required to have a Contractor’s License?

The blogosphere has been burning up lately over a new California law that some commentators say might require community association managers to have a General Contractor’s license to perform their jobs. Since property managers can be said to “oversee” bids

Read More

Nevada Senate Bill Restricts HOA Collections

The fact that an HOA can foreclose on your home for past due assessments is an unsettling realization for many HOA members. It’s no wonder that there are a handful of proposed collection laws every legislative session. While it isn’t

Read More

WV Supreme Court: HOA can represent Morgantown condo owners

A home owners association can represent two or more home owners in litigation even if damages affect individual units, West Virginia Supreme Court justices recently said, answering a certified question coming out of Monongalia County Circuit Court.  Read More……

Read More

AZ: HOA bill would give associations a leg up in court

There were so many proposed homeowners association laws weaving their way through the Arizona state legislature this year that they all got lumped together into one big bill, House Bill 2371. If you flip to page seven, you’ll see the

Read More

The Emperor’s New Economic Loss Rule

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort

Read More

CO: State HOA bill defanged, sent to study

A bill that would empower the state to investigate homeowners association infractions and enforce HOA laws will be significantly watered down and turned into a study, the bill’s author announced Wednesday.   Read More……

Read More

IL: Supporters of bill barring condo owners from withholding assessments still hopeful

Supporters of legislation that would bar condominium owners from withholding assessments when their condo boards fail to maintain the property say they hope to reintroduce the bill after it failed to pass earlier this month.  Read More……

Read More

Bills That Passed This Legislative Session and How to Comply

The 2013 Utah General Legislative Session has ended and the bills that passed have been finalized in their enrolled form to await signature by the Governor. Which bills passed and which ones didn’t? Only three of the six bills I

Read More

Maryland House Passes Revisions to Contract Lien Act

By a unanimous vote, the Maryland House of Delegates passed HB 628, which amends and clarifies the Maryland Contract Lien Act. The legislation establishes that a party entitled to enforce a lien may also bring suit for money damages without

Read More