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Bill In the MD General Assembly Would Permit Restrictions and Prohibitions On Smoking By Condos, HOAs

House Bill 500, now pending the Maryland General Assembly, provides for a proposed amendment to Section 11-104 of the Maryland Condominium Act that would allow a condominium’s bylaws to include “a restriction or prohibition on smoking tobacco products within the

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The Latest Construction Defect Bill Requires Notice, Disclosure, and Approval Prior to Commencing an Action (CO)

Prior to the beginning of the 2017 Legislative Session, the legislature promised to address construction defect reform. True to their words, five different and, in some cases, competing bills have been introduced, aimed at addressing construction defects. The latest bill,

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Can a piecemeal approach get Colorado to construction defects reform?

For years now, construction defects reform has been a top priority for city officials, for affordable housing advocates, for builders and developers, and for years, it hasn’t happened.  The way to make progress on construction defects reform is through narrowly

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Singapore: 33 proposed amendments to Act governing condos

The stage is set for a showdown between managing agents and residents at strata-titled properties such as condominiums over a proposed legislative amendment.  The tweak would allow condo managing agents to do away with a mandatory annual review of their

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Utah homeowner associations may be forced to allow solar panels

Lawmakers on Friday advanced a controversial bill to require, in most circumstances, homeowner associations (HOAs) to allow solar panels.  The Senate Transportation Committee voted unanimously to endorse SB154, and sent it to the full Senate for consideration.  Its sponsor, Sen.

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Will a Statutory Right to Repair Construction Defects Increase First-Time Homebuyers? (CO)

On February 6, 2017, House Bill 17-1169 was introduced and assigned to the State, Veterans, and Military Affairs Committee. H.B. 17-1169 proposes a mechanism for a construction professional to offer to repair or offer to fund repairs for a construction

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Linda Stewart bill would delay HOA fines on deceased owner’s family (FL)

State Senator Linda Stewart has introduced legislation that would prohibit Home Owner’s Associations or HOA from charging late fines and fees immediately after the death of a homeowner. The bill aims to protect families from immediate financial scrutiny following the

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Bills Proposed In MD Gen. Assem. To Limit Restrictions Imposed By Condo Developers re:Construction Defect claims

Proposed legislation now pending in the Maryland General Assembly would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring construction defect claims for issues affecting the condominium. Senate Bill 670

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Why the Florida Legislature Needs to Fix Condo Sprinkler-System Problem

For more than a decade older high-rise condominiums throughout Florida have been discussing, debating, and exercising their legal rights with regard to sprinkler system retrofitting requirements. In 2003, the Florida Legislature responded by allowing each community to vote to opt

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Maryland General Assembly Again Considers Registration Requirement For Common Ownership Communities

House Bill 41 now pending in the Maryland General Assembly would require condominiums, homeowner associations and cooperative housing corporations to register annually with the Maryland Department of Assessments and Taxation.   Read the article……………

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Colorado construction defects bill opposed by groups it is designed to help

A bipartisan bill described as getting to the “heart” of the construction defect litigation issue saw widespread opposition Wednesday from the very groups it is intended to help.  The bill still passed the Senate Business, Labor and Technology Committee by

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Legislators still struggling over construction defects reform (CO)

The old adage goes, “If all you have is a hammer, everything looks like a nail.”  As the state’s construction defect reform battle wages on, the question is can stakeholders stop looking for problems and accept an assortment of tools

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2017 Maryland Legislative Session Begins

Outside the glare of worldwide attention to the inauguration of Donald Trump as the President of the United States, the Maryland General Assembly began its 2017 90-day legislative session in mid-January.  Some bills considered–but not enacted–in 2016 will be examined

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HOA Homefront: Don’t be caught napping; your rights at risk! (CA)

Some well-intentioned ideas can boomerang and hurt those who are intended to be helped. Such is the new Civil Code 4041, created by last year’s SB918.  Section 4041 appears intended to protect homeowners by requiring annual reminders to keep their

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Mandatory Arbitration for Construction Defects? (CO)

On February 1, 2017, Senate Bill 17-156 was introduced and assigned to the Business, Labor, and Technology Committee. S.B. 17-156 seeks to require mandatory mediation and/or arbitration for any construction defect action if the association’s governing documents previously required the

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Republicans introduce construction-defects reform bill – and it’s got a familiar ring (CO)

Colorado Republicans introduced the centerpiece bill of their construction-defects reform effort Wednesday — and it looks very similar to failed efforts from the 2014 and 2015 sessions.  Senate Bill 156, sponsored by Sen. Owen Hill, R-Colorado Springs, would require that

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What Community Association Bills Have Been Filed So Far? (FL)

The Florida Legislature met in Talahassee for two weeks in January, but so far, no community association bills have been heard in committee. The House Judiciary Committee, chaired by Representative Chris Sprowls, did hear a presentation about “Condominium Terminations” and

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Stewart Files SB 244 Expanding Consumer Protections For New Mexicans Living In Homeowners Associations

This week Sen. Mimi Stewart (D-Bernalillo) filed SB 244, which significantly expands consumer protections available to New Mexicans living in homeowners associations.  According to industry data, there are approximately 260,000 New Mexicans residing in nearly 2,000 community associations (both homeowner

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Senate Bill 1400 to raise foreclosure threshold for homeowner associations (AZ)

If you live in Arizona and are part of a homeowner association, your home can be taken away even if you make every mortgage payment on time.  Arizona Revised Statute 33.1256 allows an HOA to put a lien on your

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Lawmakers aim to hold homeowner associations accountable for lost, stolen money (HI)

After several high-profile cases involving lost or stolen money, there’s a push to make homeowner associations more accountable.  There are several proposals being considered that could change the way they operate.  The number of House bills involving condo and homeowner

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(CO) Lawmakers try a new strategy to help bring condos back to Colorado

A precision-strike approach at the state Capitol to reform Colorado’s construction defects laws — rather than a comprehensive, catch-all bill — may be the best way to jump-start a condo market that has fallen way behind the recent population boom

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Construction-defects reform: Colorado House Speaker lays out changes she will back

Colorado House Speaker Crisanta Duran would support legislation requiring more homeowners to approve a construction-defects lawsuit and providing more information to those condominium owners about the effect of legal actions, she said Thursday.  It’s the legislative leader’s first indication that

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Bill Introduced Granting Limited Immunity for Unauthorized Practice of Community Association Management

On January 20th, Representative Kevin Van Winkle (R) introduced House Bill 17-1112 (HB 1112) which would provide immunity from penalties for individuals who engage in the unauthorized practice of a profession regulated by the Department of Regulatory Agencies (DORA), like

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Australia: New NSW strata laws, same old tricks

We’re back. Now that the holidays are out of the way, the first of the year’s annual general meetings will soon be upon us.  And that will be the first time most of us will have to confront the realities

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2017 Chicago Elevator Inspections & Recycling Ordinance Reminders

Previously, the requirement for the City Annual Inspection Certification (“AIC”) was that the elevators/devices in buildings located in the Central Business District were inspected on a yearly basis. The new requirement is for compliance (elevators must pass inspection before the

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Condo units in the Timbers can now rent short term (CO)

The Mt. Crested Butte Town Council approved a new plat for the Timbers Condominiums that includes an amendment allowing for short-term rentals. The Mt. Crested Butte Planning Commission recommended approval of the second amendment to the plat, as well as

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What’s left of Virginia’s HOA Open Meeting Policy?

Promoters of community associations tout them as “mini-democracies,” reflecting the American tradition of public participation in governmental activity on a local level. One hallmark of “representative government” is that constituents may openly observe and review what their elected officials are

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Amateur Radio Parity Act Speeds to U.S. House Passage, Heads to U.S. Senate

Just 10 days after being introduced, the 2017 Amateur Radio Parity Act legislation, H.R. 555, passed the U.S. House of Representatives this week on unanimous consent under a suspension of House rules. The bill’s language is identical to that of

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SB 814: Discouraging Excessive Water Use (CA)

California is experiencing the worst drought in over a century. While recent rains bring good news for our water supply, the California Legislature has enacted a number of laws aimed at water conservation that still stand. Existing law requires the

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Illinois Condominium Property Act Amended to Streamline Association Loan Procedures

Condominium associations often choose to finance major common element repair projects by obtaining bank loans. This type of loan is typically secured by the association’s pledge to the lender of all or substantially all of the association’s assets, including the

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Housing coalition skeptical of Legislature’s plan to resolve construction-defect issues (CO)

Interests with the power to drive housing development in Colorado say the lone construction defects bill in the Legislature would do little to spur building.  House Speaker Crisanta Duran, D-Denver has pinned much of her hopes for bipartisan success this

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Parkchester South Condo settlement reached (NY)

Following a lengthy legal battle, a settlement has been reached with Parkchester South Condominium management over its ‘draconian’ maintenance fee increase.  On Thursday, January 5, Senator Ruben Diaz, Sr. and Assemblyman Luis Sepulveda announced a resolution to the months-long battle

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Legislative Alert (WA)

The 2017 Washington State legislative session commenced on January 7, 2017 and is in full swing. It’s expected to be another active session involving condominium and homeowner associations. Hearings are already taking place and bills are being introduced, including:   Read

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Bill Introduced to Fund Attainable Housing (CO)

As I mentioned in my blog entry kicking off the 2017 legislative session in Colorado, 8 to 10 bills relating to construction defects and the construction of affordable housing are expected to be introduced this session. In my January 12th

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Residential Storage Condominium Unit Bill Back for Another Round (CO)

Senator Bob Gardner (R) has introduced Senate Bill 17-078 (“SB 78”) to address the taxation of “residential storage condominium units.” If my memory serves me well, this is the third time this bill has been introduced in the Colorado General

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Florida bills target HOA election policies, disputes

Poinciana residents who are in disagreement with their homeowners association are rooting for two Florida house bills that have just been filed.  Amanda Geltz has lived in Poinciana for more than a decade. She’s one of the many residents in

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New “Amateur Radio Parity Act” Bill Introduced in US House of Representatives

H.R. 555 — a new “Amateur Radio Parity Act” bill — has been introduced in the U.S. House of Representatives. The bill’s language is identical to that of the 2015 measure, H.R. 1301, which passed in the House late last

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Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations

On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives and would make significant changes to the Michigan Condominium Act. The bill is a reincarnation of former House Bill 5655 that had failed to

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A Condo Owners’ Bill of Rights Is on the Table

Two state legislators from the Bronx have introduced a Bill of Rights for condominium unit-owners in the state legislature that’s designed to heighten the transparency of condo board operations. The proposed legislation was inspired by a nasty legal battle over

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Construction defects bill would tackle this vexing problem by trying to control insurance rates (CO)

Every year, Colorado legislators pledge to tackle construction defects reform, and every year it doesn’t happen.  Democrats and Republicans swear THIS IS THE YEAR, and there’s a bill with bipartisan sponsorship from state House and Senate leadership that focuses not

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2017 Colorado Legislative Session Promises Focus on Construction Defects

The 2017 legislative session opens today in Colorado! For those of you who are political junkies, following the recent elections, here is what you need to know about the makeup of the Colorado House and Senate:  There are 65 seats

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Pre-Filed South Carolina Legislation Signals Push to Regulate Developers

In 2016, the South Carolina legislature organized a study committee, titled the “South Carolina Committee on Homeowners Associations,” which explored various issues affecting the level of authority that developers have over their own development projects. Various opinions on developer control

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What You Need to Know About the NSW Strata Law Reform

With Australia’s richest man set to sell his strata management business, it appears not all are happy with the 90 changes to strata laws which came into effect in New South Wales on November 30.  Read the article…………..

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HB4919 an affront to consumer rights (MI)

Q: I’m a millennial who just bought a new condominium in Michigan. I’m trying to familiarize myself with current Michigan condo laws, but are there also any current bills before the state Legislature that will affect me?  A: The one

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Community Associations Federal Update and 2017 Preview (CAI)

In 2017, I expect to see the issue of housing finance and the future of Fannie Mae and Freddie Mac to be a topic of conversation for Congress. Since housing was not a major campaign issue, my guess is the

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Colorado legislators believe this could be the year for construction defects reform

Legislative leaders from both sides of the aisle believe this is the year to pass robust construction defects reform in an effort to spur affordable housing development.  Lawmakers outlined their legislative agendas Thursday at a forum hosted by the Denver

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Ontario Government Releases Draft Regulation Under Condominium Management Services Act

After much anticipation, the Ontario Government has just recently released the first draft regulation in support of the implementation of the new Condominium Management Services Act (“CMSA”), which received Royal Assent on December 3, 2015, but has not yet been

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Sarasota senator wants state to bar short-term rental property restrictions (FL)

City and county governments would no longer be able to stop homeowners from renting their homes for less than a month or even just a week, under legislation a Sarasota Republican has filed.  Read the article…………..

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Flag Bill Signed Into Law (OH)

In a flurry of activity at the end of the 2-year cycle for the 131st Ohio General Assembly, Governor Kasich signed 17 bills into law, including HB 18, “The Flag Bill.” After passing the House unanimously in late 2015, the

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Amendments that become effective Jan. 1, 2017 (IL)

2016 was another fertile year for Illinois legislation affecting condominium and common interest community associations. This is the second of two columns that provides a summary of the amendments to the Common Interest Community Association Act and to the Condominium

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