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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

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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

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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

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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

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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

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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In Hoofman v. Pacific Crest Community Assn., Case No. B230036 (2d Dist., Div. 1 Apr. 16, 2013) (unpublished), an HOA won some breach of fiduciary claims against homeowners.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

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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

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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

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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

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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

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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……

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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

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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……

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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

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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

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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

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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

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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

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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……

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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……

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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

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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

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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……

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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

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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

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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……

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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……

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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

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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

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Maryland Senate Passes Bill Precluding Limits On The Rights Of Condominiums Councils And Unit Owners To Sue

By a unanimous vote, the Maryland Senate approved SB 167, which would prevent residential condominium developers from including provisions in declarations, bylaws, sales contracts or other instruments that limit the rights of condominium councils and unit owners to bring claims,

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Maryland Senate Passes Amendment To Provisions For Termination Of Developer Contracts

By a vote of 37 – 7, the Maryland Senate passed SB 162, which provides for amendments to the current provisions applicable to the rights of condominiums and homeowners associations to terminate contracts that were entered into by the developer

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Two Significant Bills Introduced Impacting HOAs in Colorado

The following communication from CAI’s Colorado Legislative Action Committee (CLAC) has been sent to CAI members in Colorado on the introduction of bills addressing manager licensure and HOA debt collections. In addition to future communications from CLAC, stay tuned to

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TX: New Bill Proposes Local Government Control and Attorney General Oversight of HOA

State Rep. Ruth Jones McClendon of San Antonio has filed legislation that would cede control over Texas Homeowners Associations/Property Owners Associations to cities and counties, with oversight and monitoring to be conducted by the Texas Attorney General’s office.    Read

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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….

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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

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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…..

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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……

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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

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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

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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

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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…

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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…..

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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

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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…

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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

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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

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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

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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

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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……

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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

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