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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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HOA bill proposal hearing held in Texas House

Some homeowners said the fines and fees tacked onto their homeowners association dues are unfair, and now the state Legislature is discussing a proposal to make changes.  State representatives in Austin will hear details Monday of a proposed bill to

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2017 Maryland Condo and HOA Legislation–The Final Score

Employee sick leave, natural gas fracking, and opioid abuse were the headline issues of the 2017 Maryland legislative session. Beyond these hot button topics, the General Assembly also considered many bills regarding condo and homeowner association governance, foreclosure procedures, state

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Help For Condo Owners Comes In Small Doses, If It Comes At All (HI)

Hawaii lawmakers are still considering several bills designed to make life easier for condominium owners and stem complaints about the boards that oversee their buildings, but some owners say the legislation doesn’t go far enough.  House and Senate negotiators plan

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Money pours into legislative races as construction defects debate rages (CO)

Millions of dollars have flowed into state legislators’ campaigns in recent years from both sides of the contentious construction defects debate, even as opposing camps managed to reach a key compromise last week on what has proved to be an

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NC Community Association Legislative Update – Community Association Property Management Act

While most NC General Assembly bill filing deadlines have passed, legislation considered appropriations or finance can be filed through next week. A bill introduced yesterday would, if adopted, significantly impact North Carolina’s HOA/condo associations as well as community managers.  

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Owner Approval for a Construction Defect Lawsuit?

On March 17, 2017, House Bill 17-1279 was introduced and assigned to the State, Veterans, and Military Affairs Committee. The original intent of H.B. 17-1279 was to open the lines of communication between the association board, the association members, and

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Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments (MD)

Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws. As amended, what originated as House Bill 789 would reduce the required percentage vote for

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Lawmakers announce breakthrough on construction defects reform measure (CO)

Lawmakers at the state Capitol say they have finally reached a compromise over a contentious construction defects reform bill that requires a majority of homeowners in a condominium complex — not just the homeowner association board — give consent to

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NC Community Association Legislative Update – April 19, 2017

Several important legislative deadlines have passed in recent weeks. Tuesday, April 4 marked the NC Senate deadline for filing public bills and resolutions. Tuesday, April 11 marked the NC House deadline for filing public bills and resolutions (other than appropriations

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Criminal penalties in proposed condo law spur controversy in Tallahassee (FL)

The Florida condo reform bill is moving forward in the state Legislature, but the controversy between those who are in favor of and those who are against criminalizing certain infractions could intensify in the coming weeks.  The bill, led by

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Florida Community Association Related Legislative Update 2017

Florida’s 2017 Legislative Session is in full swing. As is our yearly ritual, we have kept a close eye on proposed legislation relating to community associations. As many may recall, all major bills introduced last year affecting community associations fell

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Colorado House Bill 1279 stalls over 120-day unit owner election period

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last

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PA lawmakers to mull community mediation

Pennsylvania lawmakers will discuss a proposed change Tuesday, to how the state handles disputes within private communities. The state House of Representatives plans to reconsider House Bill 595, which would expand the Attorney General’s power to mediate such cases.  “There

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HOA Harassment Law (CA)

Last year, federal regulations were changed to address harassment and discrimination claims. The changes affect community associations. Even though associations are not housing providers, they are deemed so for the purposes of this statute.  New Law. Effective October 14, 2016,

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Maryland General Assembly Passes Legislation To Allow Reduced Number Of Votes To Amend Condo Bylaws

Both houses of the Maryland General Assembly have passed legislation that would reduce the number votes required to amend condominium bylaws. House Bill 789 was approved unanimously in both the House of Delegates and State Senate. The new law would

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California Makes Artificial Grass Permanent

This month, Governor Brown signed AB 349, a drought bill aimed at California HOAs that restrict the installation of artificial turf. Significant protections already exist for owners who wish to install “low water-using landscaping,” but AB 349 goes a step

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House of Delegates Passes Amended Version Of Bill To Require Notice to Owners Of Common Element Sales (MD)

The Maryland House of Delegates has passed an amended version of a bill previously approved in the State Senate that would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any

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Senate Committee Issues Favorable Report On Bill To Preclude Developers From Limiting Condo Owners Claims (MD)

The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, intended to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer.

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Sponsors again delay hearing on bipartisan construction defects bill, say negotiations ongoing (CO)

Lawmakers late Tuesday pushed back a scheduled Wednesday committee hearing on a bipartisan construction defects reform bill, saying negotiations involving critical issues are still unresolved.  Groups representing builders and homeowners have been facing off for years over attempts to rewrite

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2017 Proposed Legislation Regarding Florida Statutes, Chapter 718 (FL)

In recent legislation, Senate Bills 1258 and 1682 and House Bills 1001 and 1237 seek to amend Florida Statutes, Chapter 718.  Senate Bill 1258 and House Bill 1001 seek to fine directors who knowingly violate any Association bylaw or statutes.

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State Senate Passes Bill Requiring Notice To Owners Of Common Element Sales (MD)

By a vote of 47-0, the Maryland State Senate passed Senate Bill 809, which would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of

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HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits (MI)

On March 30, 2017, Representative Klint Kesto introduced House Bill 4446, which would modify the Michigan Condominium Act, MCL 559.101, et. seq. House Bill 4446 (2017) would amend MCL 559.160, MCL 559.207 and MCL 559.215 as follows:   (See article)

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NC Community Association Legislative Update – Fidelity Coverage & Audits

While there are still several weeks for legislative proposals to be introduced in the General Assembly, one bill introduced yesterday (March 29) would directly impact North Carolina condominium and homeowner associations: Senate Bill 491: HOA/Condo Crime & Fidelity Insurance Policies

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Does a New Law Override CC&R Restrictions on “Granny Units? (CA)

Several board members are concerned about changes to the California laws (link is external) that regulate “Accessory Dwelling Units” (sometimes called “Granny Units”). Property owners sometimes add tiny homes or modify their garages for rental income or to provide low-cost

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