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Governor Hogan Signs Law To Require Notice To Homeowners Of Sales Of A Common Element Or Common Area

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale, including a

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Will new laws protect condo owners from apartment conversions and rogue associations? (FL)

….Florida lawmakers this spring unanimously approved a bill that requires condo associations to give owners better access to records and imposes criminal penalties for electoral fraud, theft of funds and conflicts of interest. The measure would become law July 1

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NC Community Association Legislative Update – June 22, 2017

I’m asked frequently about the status of proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one

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Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees (MD)

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has now been enacted,

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Mountain Law: Cracking Colorado’s condo conundrum

In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but

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Bills Would Impose Time Limits on Co-op Purchase Applications (NY)

There are currently half a dozen pieces of legislation under consideration in New York City and Albany that could change the way co-op apartments get bought and sold. Co-op advocates are not pleased with any of them. Some of these

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Assembly Judiciary Committee Approves Wieckowski Bill (CA)

A bill to clarify that the political speech rights of residents in common interest developments cannot be infringed upon by homeowner association (HOA) boards unanimously passed the Assembly Judiciary Committee this morning. SB 407, authored by Sen. Bob Wieckowski (D-Fremont)

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Legislative Update: Condominium Terminations Bill Signed Into Law (FL)

Senate Bill 1520 was signed by Governor Rick Scott on June 16, 2017. The following is a summary of the bill, which will take effect on July 1, 2017:  SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of

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District of Columbia Condominium Law Amended To Require New Owner Notices

The District of Columbia Condominium Act has been amended to require new notices and information be provided to condominium purchasers and unit owners.  When a condominium advises the owner of its intention to take legal action to collect any past

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Legislative Update: New Laws Affecting Florida Community Associations

When a bill passes the Florida Legislature and is sent to the Governor for consideration, the Governor has 15 days from which to sign the bill into law, veto it, or do neither (in which case the bill will automatically

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Issues That Cross State Lines: A Look at Condo Legislation Trends

When it comes to legislation and legal issues that apply to condo associations, co-ops, and other multifamily housing models, the focus is often local—city ordinances, council meetings, and so forth – but there are judgments handed down and bills passed

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Don’t estoppel believing: Now it’s a law

After years of unsuccessfully fighting its way through the Legislature, the estoppel bill is now law.  Gov. Rick Scott Tuesday signed the measure (SB 398), which overhauls the legal process of estoppel letters. It goes into effect July 1.  “We

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Realtor group on Legislature: ‘Good session’ for homeowners (NV)

Homeowners generally fared well during the 2017 session of the Nevada Legislature, according to the Nevada Association of Realtors (NVAR).  Among the bills the group cited as beneficial were:    Read the article…………..

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Status of Community Association Bills and CALL to Action on HB 653, Relating to Community Associations (FL)

As of this writing, we are still waiting for the two main community association bills, HB 653 and HB 1237, to be sent to Governor Rick Scott. Once a bill is sent to him, he will have fifteen (15) days

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Community Association 2017 Legislative Guide: Part I (FL)

The Florida legislature passed several community association related bills this legislative session that are set to become law on July 1, 2017, unless vetoed by Florida’s Governor Scott. This is the first of a three-part series summarizing those bills.  

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Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations (FL)

HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration. When a bill is sent to the Governor, he has fifteen (15) days

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Amendment to SB258 would hurt HOAs (NV)

Members of the Assembly and Senate are trying to pass an amendment to SB258 that would allow delinquent owners to sue their homeowners associations for foreclosing on unpaid assessments.  The amendment, to be decided in conference committee with no public

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The 2017 Fla. Legislature Returns To CondoLand

Once again, after a one-year hiatus, the Florida Legislature has produced several condominium bills. Typically, the Legislature passes a single condominium bill into which other approved bills have been merged. This year, perhaps to make up for the failure to

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Minnesota amends its construction defect laws

Earlier this month we told you that (click here to see the story) about an effort to amend Minnesota’s construction-defect laws, which are among the most stringent in the nation, with a raft of amendments aimed at making it more

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NJ S181-Act Concerning Snowplow/De-Icing Service Contracts in Community Associations

The New Jersey state Senate passed the bill 181, authored by Senator Christopher Bateman(Hunterdon, Mercer, Middlesex and Somerset), by a vote of 35-0 on January 23, 2017.  The bill, if passed by the Assembly and signed into law by the

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Two Bills That Affect Maryland Foreclosure Notices

The Maryland legislature has passed House Bill 26 (“HB26”) which amends the foreclosure notice provisions contained in Maryland Real Property Article 7-105.2. HB26, slated to take effect on October 1, 2017, provides that notice of a foreclosure sale must be

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Legislature says homeowners associations can’t bar rooftop solar (OR)

Homeowners associations won’t be able to deny Oregonians their right to go solar under a bill that passed the Legislature on Wednesday.  The bill, HB 2111, which sailed through the House more than a month ago on a 56-3 vote,

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A List Of New Laws In Maryland For 2017: Part II

IKO details the second half of the Community Association Institute’s new laws in Maryland:  Termination Until Service to Multifamily Dwelling Unit – Notice to Property Owner/Manager:  Requires a public service company that’s going to terminate a customer’s electric or gas

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A List Of New Laws In Maryland For 2017: Part I

IKO details the new laws in Maryland from the Community Management Institute:  Limited Residential Lodging: Innkeepers and hosting platform operators who offer specific types of limited residential lodging must maintain specified licenses and records and operate in a specified manner,

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New law limits condo directors to four consecutive two-year terms (FL)

This year, the Florida Legislature passed a host of new laws that will affect shared ownership communities. Assuming that the governor signs these bills into law, they will go into effect on July 1. You may already have read about

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HUD secretary hints that housing agency may ease terms for condo mortgages

Could condos financed with low-down-payment government-backed mortgages stage a surprise comeback under the Trump administration, which generally seeks to reduce federal involvement in housing? Would this be promising news for millennials and buyers with moderate incomes looking to purchase their

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Construction Defect Reform in CO; HB 1279: Pluses, Pitfalls & Practical Pointers

Construction defect litigation reform will take a small step forward this week when Gov. John Hickenlooper signs HB 1279 on May 23, 2017. HB 1279 will go into effect immediately after signature by the Governor, and developers and residential builders

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Shoddy condo construction lawsuits in Colorado just got harder to file, but that doesn’t mean development slumber is over (CO)

Declaring that the measure “will help make our housing more affordable,” Gov. John Hickenlooper on Tuesday signed into law one of the most hard-fought compromises of the 2017 session — a bill that will make it more difficult to sue

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A Busy 2017 Legislative Session – Change Is In The Air (FL)

Recently, the Florida legislature has passed three bills set to become law on July 1, 2017, unless vetoed by Florida’s Governor Scott: Senate Bill 398, pertaining to estoppels that is applicable to condominium, homeowners’, and cooperative associations; House Bill 1237,

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Maryland Makes it Easier to Amend Condo Bylaws and HOA Covenants

Changes to the Maryland Condominium Act and Maryland Homeowners Association Act will soon make it easier to amend the governing documents of condominiums and homeowner associations.  The new law allows amendments to be made by a vote of members “in

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Could a bill before the Legislature solve the Twin Cities’ condo crunch? (MN)

Is Minnesota on the verge of figuring out its condo conundrum?  The imbalance in the supply of new condos and new apartments in the Twin Cities is obvious. In the midst of a continuing multifamily housing boom, most — actually,

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2017 Florida Condominium and Homeowners Association Legislation

During the legislative session which ended on May 5, 2017, the Florida legislature passed 5 bills that will become law on July 1, 2017, unless vetoed by Florida’s Governor Scott: Senate Bill 398, House Bill 653, House Bill 1237; Senate

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Maryland Senate Fails To Consider Bill Passed By House To Preclude Limitations On Construction Defect Claims

The Maryland Senate failed to vote on SB 670, which would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring claims for building defect issues. The House of Delegates version

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State Legislature moved to restrict HOA controls over political speech (CA)

The state Senate Judiciary Committee has unanimously approved a bill by Sen. Bob Wieckowski, D-Fremont, to prohibit California’s more than 50,000 homeowner associations (HOAs) from suppressing the freedom of speech and freedom of association rights of their residents.  SB 407

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New Laws 2017 (FL)

What a year it has been for condominium legislation! Listed below please find a summary of the condominium laws as now amended:     Read the article………………

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Compromise Bill on Construction Defects is Ready for Governor Signature (CO)

On May 4, 2017, House Bill 17-1279 gained final unanimous approval in the Senate after unanimous approval in the House on April 24, 2017. H.B. 17-1279 has been referred to Governor John Hickenlooper to be signed into law.  H.B. 17-1279

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Governor Signs Bill To Reduce Votes Required To Amend Condo and HOA By-Laws (MD)

Maryland Governor, Larry Hogan, has signed into law a bill which will reduce the number votes required to amend condominium and homeowner association bylaws. What originated as House Bill 789, (now Chapter 480 of the 2017 legislative session), provides for

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Legislature’s changes to construction-defect laws could help condo developers (MN)

Several much-anticipated changes to Minnesota’s construction-defect laws are closer to the governor’s pen.  The amendments to House File 1538 received bipartisan support and went to a conference committee for House and Senate members to hash out differences.  The current, long-standing

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Summary of HB 1237, Relating to Condominiums (FL)

HB 1237 (SB 1246), sponsored by Rep. Diaz and Sen. Garcia and Sen. Rodriguez, passed the House and Senate this week and now heads to the Governor for consideration. If approved by the Governor, the new law will be effective

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Did Gov. Ducey flip-flop on Arizona HOA regulations?

In late March, Gov. Doug Ducey vetoed a bill regulating homeowner associations. He said the state shouldn’t get involved in how HOAs vote.  But a month later, he signed another bill that regulates HOA meetings.  Rep. Ken Clark, D-Phoenix, sponsor

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Bad condo boards beware: Legislature passes new laws unanimously (FL)

The Florida Senate on Monday gave unanimous and final approval to a bill that imposes criminal penalties on condominium violations such as electoral fraud, theft of funds and conflicts of interests — all significant problems in Miami-Dade County.  The 37-0

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Senate committee gives unanimous OK to bipartisan construction litigation reform bill (CO)

Bipartisan legislation to make it more difficult for homeowners’ associations to sue condominium developers for defective construction is one step closer to becoming law after winning unanimous approval from a Senate committee Monday on its first vote in the upper

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Condominium property act revamp could give owners needed support (IL)

Condominium owners and families residing in homeowner associations who are battling disputes and struggling for financial clarity received a major shot of support from the Illinois Legislature with the recent passage of two important bills.   Read the article…………..

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Managing Safety and Liability vs. Managing A Budget

Signed into law on September 8th, 2016, The Snow Removal Service Limited Liability Act changed the liability relationship between Community Associations and their snow services contractor.  The act states, “Provides that any provision in a snow plow and de-icing services

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After years of work, estoppel bill heads to governor (FL)

We’ve been writing about it for years, all the while wondering ‘why,’ but 2017 was the winning session for an overhaul of the estoppel letter process.  The House on Friday passed the Senate’s bill (SB 398) on a 117-0 vote,

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House Bill 377 Clarifies Date of Completion of the Contract for Statute of Repose—a Legislative Win for Contractors

On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB

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Association Disclosures Under Section 22.1 of the Illinois Condominium Property Act

The focus of this article is to provide a brief overview on the disclosures provided in Illinois by a condominium association to a prospective buyer of a unit and: (a) what is mandated by law; (b) what current practice is;

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Proposed condo reform bill expected to go before Florida legislature for final vote

A bill to reform Florida condo law is in its final phase in Tallahassee after it was unanimously approved by the Senate’s Rules Committee on Tuesday.  The bill is scheduled for a vote on Thursday in the House and is

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Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that

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Construction defects homeowner consent bill breezes through Colorado House

A measure requiring that a majority of homeowners in a condo complex first approve a construction defects action against a builder — rather than just the association board — passed the Colorado House Monday and now moves on to the

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