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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……

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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

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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

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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

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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

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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……

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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

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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

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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

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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……

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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

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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……

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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……

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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

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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

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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

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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’

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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……

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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,

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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

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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

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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

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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

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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

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HOA dues lost because the property was taken by eminent domain are held not to be compensable under the takings clause

When a government took 14 units from a homeowners association by eminent domain, the remaining owners lost the dues and assessments that those owners would have contributed to the homeowners association. However, the Fifth Circuit has ruled that those lost

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Iowa – Common interest redux

The common interest ownership bill may have some life left in it. Representatives Isenhart (D-Dubuque) and Highfill (R-Polk) have filed House File 122. This bill is essentially the same as the bill that the House Judiciary Committee approved in the

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Turning up the Heat on Residential Design Professionals

California’s 1st District Court of Appeal recently ruled that “design professionals” may be liable under both common law and Senate Bill No. 800 (“SB 800”) to third party purchasers for construction defects.  Read More……

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Third District Appellate Opinion May Affect Collection Strategies

In its recent opinion in the case of Aventura Management, LLC vs. Spiaggia Ocean Condominium Association, Inc., the Third District Court of Appeal may have significantly impacted the collection strategies implemented by many condominium and homeowner associations in Florida. The

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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

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Proposed bill would help homeowners in gated communities

Newly introduced Pennsylvania House Bill 319 aims to give property owners better access to the records in their associations by requiring all association records, with a few exceptions, be accessible for inspection and duplication by owners.  Read More……

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The Law of Yards

Property law regimes have a significant impact on the ability of individuals to engage in freedom of expression. Some property rules advance freedom of expression, and other rules retard freedom of expression. This Article examines the inhibiting effects on expression

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Hawaii: Bill aims to ban smoking in condo, apartment units

Apartment owners who smoke may be forced to quit. Condos could soon have the power to ban smoking. It’s not just in commercial areas, but inside individual units, too.  Read More……

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How Will Laws Governing Washington Community Associations Change in 2013?

A number of bills relating to condominium and homeowners associations have already been submitted for consideration during the current session of the Washington Legislature. Three of those proposed laws merit special attention thus far.  Read More……

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Texas Bills Aim to Douse HOAs’ Limits on Xeriscaping

Last January, as the Texas drought wore on, an Austin-area homeowners association called the Woods of Brushy Creek made a big change to its landscaping policies. No longer would homeowners be required to have grass covering the entire front yard.

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Extensive Electric Car Charging Station Bill Impacting HOAs Just Introduced in the Colorado Senate

Senate Bill 13-126 (“SB 126”) was introduced by Senator Lucia Guzman today in the Colorado Senate. The bill, which is intended to provide consumers with the ability to charge electric cars in apartments, condominiums and common interest communities, is quite

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Is the Honeymoon Over for Aussie Strata Committees? (Looking at U.S. D&O claims)

Australian strata committees have enjoyed a pretty benign life for the last 50 years. They haven’t had to do too much, mostly defer to owners meetings on key decisions, rely on strata managers for most day-to-day operations and have not

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How to guarantee the HOA can’t litigate condo construction defect claims

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this.  Read More……

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Management Companies & Unpaid Assessments

There are two (2) concepts inextricably linked with unpaid assessments: (i) alternative dispute resolution (“ADR”); and, (ii) United States Fair Debt Collections Practices Act (“FDCPA”).  Read More……

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CO: Proposed Changes to Towing Regulations Could Negatively Impact HOAs

On January 25th, a Notice of Proposed Rulemaking was published by the Colorado Department of Regulatory Agencies (“DORA”) in The Colorado Register to address a wide variety of issues – including the towing of vehicles from private property.   Read More……

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Illinois Supreme Court rules subdivision police can detain drivers

The homeowners associations responsible for managing subdivisions across the state have the power to enforce their own traffic rules through a private security force, the Illinois Supreme Court ruled Friday, overturning a lower-court ruling that found they could be unlawful.

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Even Disabled Condo Owners Can Lose Amenities If They’re in Arrears

(Owner), was a delinquent owner of a unit in the Victoriana Estate Condominiums, in Voorhees Township, N.J., having failed to consistently pay assessment since November 2008. Because the condo association’s bylaws provide that the “membership rights and voting rights of

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