‘Elevated elements’ must be inspected under new law (CA)

A balcony collapsed in Berkeley in 2015, causing six deaths and injuring seven. Consequently, Senate Bill (SB) 721 passed in 2018 and took effect in 2019, creating Health and Safety Code 17973. This law now requires inspection of elevated balconies, stairways, walkways, and other “exterior elevated elements” every six years. The new law exempts Davis-Stirling […]

Recent Changes to Co-op & Condo Laws: Managing the Impact on Your Community (NY)

This past June, the New York State Legislature and Governor enacted into law a sweeping overhaul of landlord-tenant relations throughout the State; just a few days later, these same powers enacted amendments to those amendments. While relatively few of the 74 pages of densely-written text directly affect cooperatives and condominiums, boards and managers should be […]

How to Protect Your Community Association from a Lawsuit

Facing litigation from an HOA member is something all board of directors must take seriously. From pet issues to issues involving discrimination, knowing how to handle the situation is best left to a qualified attorney and a professional community association management team. Navigating real estate and other types of associated laws is something most volunteer […]

SB 323 Signed! The New State of HOA Election Laws (CA)

Governor Newsom recently signed into law Senate Bill 323 (“SB 323“). SB 323 makes substantive modifications to the Civil Code’s provisions governing HOA elections, effective January 1, 2020. Some of the more significant modifications require associations to amend their election rules to conform to new statutory requirements, limit the types of candidate qualifications an association […]

Say What?

In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor.  Read the article………………………

State Law page back

Sometime in the recent past, the page with all of the various state laws regarding condo’s and HOA’s diappeared off the site.  I probably deleted it accidentally, but I like to blame outside forces beyond my control for it going away.  However, the page is back and updated.

Many new laws will affect HOAs in 2020 (CA)

In recent weeks Gov. Gavin Newsom signed many bills into law that will affect California HOAs in 2020. Upcoming columns will discuss these new laws in more detail, but here are the items that homeowners associations may wish to know and start preparing for with the coming new year.    Read the article………………………………..

Emerging Issues in Planned Community and Condominium Disputes (PA)

From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court,1 Pennsylvania has seen a growing trend in litigation involving unit owners’ associations established under the Pennsylvania Uniform Planned Community Act 2 (the PC Act) and the Pennsylvania Uniform Condominium Act3 (the Condo Act). […]

Reversal: Small claims courts cannot order mediation, ADR (IN)

Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that a judge had dismissed after litigants refused to participate in court-ordered mediation.   Read the article………………………..

Short-Term Rentals (ban) Ruled Illegal in Miami Beach, Now What? (FL)

Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]

The ABC’s of DRV’s in Texas

Author’s Note and Disclaimer: This article discusses Texas Property Owners Association (“POA”) Law and pertains to single family residential POA’s in Texas only.  Even though a man’s home is his castle, he is still obligated to abide by deed restrictions if that home is in a common interest development encumbered by restrictive covenants.    Read the […]

SB 326 Signed! Balconies, Branches, and Builder Defect Actions (CA)

Senate Bill 326 (“SB 326”) was recently enacted by the California Legislature and will take effect January 1, 2020. The bill accomplishes 3 main objectives: 1) it requires associations to conduct mandatory inspections for exterior elevated elements, such as decks, balconies, and walkways;   Read the article…………………………

NJ Legislative Action Committee Highlight: Two Foreclosure Reform Bills Become Law

New Jersey Governor Phil Murphy recently signed two foreclosure reform bills into law, designed to shorten the time a house sits vacant so the property’s exterior doesn’t become unsightly and unsafe. These laws are part of a larger package of legislation addressing the foreclosure crisis in New Jersey created to help homeowners keep their homes.  […]

Inspection Rights of Unit Owners are NOT Endless

Disgruntled unit owners love to review their association documents and then demand every document that they think they might be entitled to. In this case, the court made clear that reasonableness and discretion will play some part in what must be provided.    Read the article……………………

What About the Children? HOA Age Restrictions and FHA Proscriptions

Restrictive covenants in homeowners’ associations are not unusual—nearly every community has them. For homeowners, the restrictions are something of a trade-off. You accept a limitation on how you can use your property because, if everyone else in the community does, too, the neighborhood as a whole will be better off. ‘If we all agree to […]

Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal (CA)

In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access to undeveloped parcels of land Millennium had purchased for the purpose of developing residential properties.  The undeveloped parcels of land were landlocked and adjacent to a guard-gated […]

Appellate Court Rules on Ambiguous Architectural Restrictions (CA)

The California Court of Appeal recently ruled on the case of Eisen v. Tavangarian (2019) 36 Cal.App.5th 626, which involved a view protection dispute between neighbors. The Plaintiff Homeowners sued the Defendant Homeowners and alleged that Defendants’ remodeling violated several provisions of the HOA’s CC&Rs.    Read the article…………………….

The Secretary of State and Your HOA: How to Remain in Good Standing

Nearly all states require that HOAs organized as non-profit corporations file an annual report to the Secretary of State. Failure to do so can result in an association losing certain rights. Knowing what to file, when to file it, and whose responsibility it is to file are all vital to ensuring the association remains in […]

Reversal: Homeowner cannot withhold HOA fees in protest (IN)

An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.  In Feather Trace Homeowners Association, Inc. v. Donald R. Luster, 19A-SC-300, Donald Luster objected to paying his homeowner association fees because of the […]

Racist rule found in old Evansville HOA restrictions (IN)

Buying a new home may be one of the greatest accomplishments in life. But a young woman in Evansville recently uncovered an ugly past just after closing on her first place.  One line in the old neighborhood rules says she is not allowed.    Read the article………………………..

HUD Issues Mortgagee Letter on Condo Origination Requirements

The U.S. Department of Housing and Urban Development (HUD) issued a new Mortgagee Letter (ML) late Thursday updating the origination requirement for FHA mortgages on condominium units, applicable to both the traditional, forward mortgage and reverse mortgage programs simultaneously. The letter provides additional clarification ahead of the rule’s implementation on October 15.    Read the article………………………….

2019 Florida Legislative Update for Condominium and Homeowner Associations (FL)

There were not any major changes during the past session as lawmakers passed about 10 percent of bills that were filed. However, there were two noteworthy legislative updates to Chapters 718/720 which impact Florida’s Condominium and Homeowner Associations that went into effect July 1, 2019.    Read the article……………………..

Fourth Court of Appeals denies motion to withhold finances (TX)

The La Bota homeowners Association was ordered by District Judge Joe Lopez to release all financial information including expenses regarding association fees.  However, the association fought that ruling by filing an appeal with the Fourth Court of Appeals.     Read the article……………………….

Brooklyn condo discriminated against people with disabilities, HUD alleges (NY)

The U.S. Department of Housing and Urban Development announced charges Monday against developers and architects of a Brooklyn condominium that allegedly discriminated against people with disabilities.  The charges name Toll Brothers, Greenberg Farrow Architecture and others involved with the design and construction of North 8 Condominium — a 40-unit residence in Williamsburg.     Read the […]

The bizarre story of Campbell Lake, the private lake that isn’t (AK)

It all started because Alaska Landmine Creative Director Paxson Woelber just wanted to go packrafting:   “A couple years ago, a friend and I set out to float Campbell Creek. We dropped a car at the cul-de-sac on Canary Drive, right where the creek enters Campbell Lake. As we were trying to drive away, a resident […]

How HOAs Can Address Marijuana Legalization in Illinois

The legalization of marijuana in the State of Illinois as of January 1, 2020 is a hot topic, and it will affect many aspects of living in Chicago. Not surprisingly, it could also affect building operations, and many HOAs are discussing how to address these changes.  The main thing HOAs may be concerned about is […]

State Lifts Cap on Application Fees for Co-ops and Condos (NY)

The pushback against the Housing Stability and Tenant Protection Act has begun. And for co-op boards, it has produced its first burst of good news.  The New York Department of State has just issued a Guidance for Real Estate Professionals that addresses one of the law’s numerous provisions that had infuriated many co-op boards and […]

US District Court Rules that Prior Recorded Condominium Lien takes Priority Over Federal Tax Lien to the Extent of the Amount Stated in the Lien Notice (MI)

In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice.       Read the article………………………..

One HOA rule requires real estate agents to break state law (SC)

Frustration and confusion are just a few of the feelings realtor Rod Smith feels as he stands in a room filled with ‘for sale’ signs.  All the signs are individually customized for different homeowners associations.    Read the article…………………………

New Legislation Impacting Florida Construction Defect Litigation

Section 624.1055, Florida Statutes, is part of the recent Omnibus Insurance Bill, HB 301: Contribution Rights Among Insurance Carriers. This new legislation impacts those involved in Florida construction defection litigation and applies to claims, suits or other actions initiated after January 1, 2020.    Read the article……………………..

I Have to Ask: Being Special in a Special District

Laura Savage is a local government employee, but not in the traditional sense. She’s the Assistant to the District Manager. Hmm… that sounds like something legitimate, but if you’re like me it doesn’t quite stick the landing. That’s because she works, lives, plays, and raises her family in a special district, which is not exactly […]

Illegal Rentals Might Mean Jail Time (FL)

Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]

Recent South Carolina Solar Law and What it Means for Your HOA

A South Carolina solar bill that was signed into law by Governor Henry McMaster in May this year might have impacts on your homeowners association by increasing the number of property owners looking to install some sort of solar technology on their property. Since most HOAs have architectural approval procedures for changes to properties, that […]

Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure (FL)

The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner. Having found that the joint […]

HOA Dispute Over Backyard Playset, Other Amenities Snowballs Into Federal Lawsuit

As was chronicled in a recent article in the Gainesville Times newspaper, Martin Moreira and his wife Zulema filed suit against the Pointe West Homeowner’s Association after their plans for a backyard makeover were nixed by the association. They filed the discrimination complaint in federal court in April after the HOA had issued fines and […]

‘This loan was not normal’: Chinese nationals who invested in Vail condo project sue developer, lender (CO)

Condo project Solaris claims on its website to be “Vail’s premier address.”  But 13 Chinese nationals who put up millions toward the project see it somewhat differently, saying they invested in “a Roach Motel designed to extract value from foreigners.”  The phrase appears in a lawsuit filed by the individuals Wednesday against Solaris developer Peter […]