Update on the HB22-1137 Related Bills (CO)

The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article…………………………….

The Construction Defect Bills (CO)

The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains […]

What Makes a Home………Business? (CO)

The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities.  The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply!     Read the article…………………………….

Worcester lawmakers talk bills on condo repairs, fallen hero taxes, more (MD)

The House Environment and Transportation Committee heard a bill sponsored by Del. Wayne Hartman (R-38C) on March 5.  House Bill 1262, or Common Ownership Communities-Reserve Studies-Alterations, would extend the timeline for required condominium repairs determined by an assessment from three to five years.     Read the article…………………………….

Lawmakers set sights on broadband, TV ‘advisers’ (FL)

Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year.  At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts […]

The SB4D Bill and How it Impacts Tampa Condominiums (FL)

The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations.   Read the article…………………………….

Bridging the Gap: SB428 Expands Available Protections in the “HOA Workplace” (CA)

By now, most individuals in the industry are aware of the newly adopted AB648 (virtual meetings) and AB1458 (lowered quorum). However, SB428 is another bill that managed to fly under the radar and will ultimately have a significant impact by providing associations with a more expansive tool to protect those who serve community associations, including […]

House toppeled the estoppel, preventing $100M in new HOA fees (FL)

The House in the waning hours of the 2024 Legislative Session stood its ground on the “Home Tax” bill dealing with estoppel certificates and who can pay for them. Its unwillingness to budge left the measure (HB 979) dead for the Session.   Read the article…………………………….

A Generator Bill That is Long Overdue (FL)

Until now there was no law in our Florida HOAs that would allow a home owner to install their own electrical generator with above ground or below ground gas tanks. Here we are, living in Florida with sometimes unbearable heat and humidity, we have a large elderly population, hurricanes generally hit in the hottest parts […]

HOA, condo daycare prohibition bans considered by Minnesota lawmakers

Those who live in a homeowner’s association (HOA) or condo looking to create an in-home licensed daycare center could no longer be denied its operation as long as they have a license in Minnesota under a new proposal being considered by lawmakers.   Read the article…………………………….

Condo Law Legislative Update – 2024 – Part II (NH)

Settle in and read on for thoughts on a couple of additional condominium bills making their way through the Legislature this season.  House Bill 1357 seeks to require more meetings of boards of directors, a seemingly innocuous proposal, but one of greater consequence than likely intended.    Read the article…………………………….

U.S. District Court Strikes Down Corporate Transparency Act (CTA) as Unconstitutional: Impact to Community Associations

A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. The CTA, enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities, including condominium, homeowner (HOA) […]

Judiciary panel spotlights ‘shadow’ non-compete clauses, approves bill to close loophole (MN)

An example of a shadow noncompete contract that is hidden from an employee was provided in written testimony by SEIU Local 26.  When a homeowner’s association under one of these contracts switches to a different property management company, these contracts prevent that association from retaining their experienced staff without the risk of litigation for continuing […]

Homebuilders work to stop bill to give earlier control of HOAs to homeowners (ID)

A bill aiming to give residents a say in their homeowners associations once most of the development is finished isn’t moving forward, for now.  On Thursday, Rep. Jon Weber, R-Rexburg, brought HB 657 before the House Business Committee in the hopes of giving homeowners in developments with HOAs earlier control over the boards governing their […]

House Bill 59 – Providing Copies of the Docs (FL)

So The Florida Legislature is only in session for another four days. Over the next few weeks we want to educate you about the bills that passed both The Florida House and The Florida Senate. So here we go……..  Let’s start with an amendment to Florida Statute 720.303.      Read the article…………………………….

Condo Column: Condo Law Legislative Update – 2024 – Part I (NH)

This year’s slate of pending legislation includes an old, worn out retread, and some new ones. None have as yet passed and are in various committees. Proxies. In 2016 the Legislature amended the Condominium Act and added language regarding directed and undirected proxies. To refresh, a directed proxy is one where the owner who will […]

Bill To Protect Small Wyoming Home Day Cares From HOAs Moves To Senate

The Wyoming Senate is contemplating a proposed law defining small home day cares as “residential” so that homeowners associations can’t ban them under a residential-only clause.  House Bill 126 would define home day cares with fewer than 10 kids as a residential property use.   Read the article…………………………….

HOA Changes for 2024 That Homeowners Should Know

Around 30% of all homeowners in the United States live in some type of common-interest housing governed by a community or homeowners association. This can include condos, co-ops, HOA communities, timeshares or mobile home parks. That’s roughly 75.5 million people who are required to follow specific HOA rules and regulations for their state or community.  […]

Proposal for more oversight of homeowner associations expected in April (TX)

Deadlines for records requests, membership approval for assessment increases, and restrictions on foreclosures are among several recommended changes for homeowners’ associations up for debate come April.  The Select Committee on Homeowners’ Associations in the House of Representatives on Wednesday unanimously approved a report with recommendations and draft legislation for the upcoming short session to address […]

Budget conference: After brief snub, Senate agrees to $30M for condo-hardening program (FL)

After briefly offering nothing, Senate lawmakers have agreed to spend $30 million on a proposed pilot program to help condo owners strengthen their properties against seasonal storms.  House lawmakers proposed the nonrecurring expenditure Tuesday. Meanwhile, the Senate held out on committing anything to the program.  That changed Wednesday at 9 p.m., when the Legislature’s upper […]

NC Community Association Legislative Update – February 28, 2024

Today (Wednesday, February 28) was the fourth and final meeting of the NC House Select Committee on Homeowners’ Associations. As a reminder, this Committee was created by House Bill 311 (see NC Community Association Legislative Update – May 9, 2023) and tasked with examining planned communities and condominium associations,    Read the article…………………………….

NC House panel okays recommendations limiting power of HOAs

A state House panel Wednesday gave the final okay to recommendations they say would help curb abuses of power by community and homeowners’ associations in North Carolina.  “We can’t make as many changes probably as some would like to see happen, but we do have a few suggestions in the way of this committee report,” […]

Several HOA bills introduced in Idaho House

Several Idaho legislators have recently introduced bills about homeowners associations, also known as HOAs.  Two lawmakers, Rep. Jon Weber, R-Rexburg, and Rep. Brooke Green, D-Boise, have been working on HOA issues for months. And as the Treasure Valley has grown, more and more people reside under the purview of HOAs.   Read the article…………………………….

State Rep Pushes Legislation to Regulate Property Management Comps, Community Association Mgmt (GA)

Companies that manage homeowners’ associations could soon be subject to more regulations.  State Representative Dar’shun Kendrick (D-Lithonia) recently introduced House Bill 1258, legislation she says will “increase accountability for property management firm brokers and community association management brokers.”     Read the article…………………………….

New Legislation (CA)

AB 572. Assessment Limitation. Beginning January 1, 2025, new associations with affordable housing are limited to assessment increases for affordable housing to 5% plus cost of living, not to exceed 10% greater than the preceding regular assessment. This does not apply to associations with 20 units or less. “Affordable housing” means a unit occupied by […]

Some Colorado HOAs ban using fire-resistant building materials. This proposed law could overrule that

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.    Read the article…………………………….

Lawmakers advance bill that would void HOA rules that block wildfire-hardening (CO)

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.   Read the article…………………………….

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

Wicker bill removes roadblocks for amateur radio operators

According to a summary of the bill, the legislation would prohibit homeowner association rules that prevent or ban amateur radio antennas on residential properties, clarify the approval process for installing amateur radio antennas, and give amateur radio operators a private right of action.  Read the article…………………………….

Kansas homeowners urge lawmakers to ban ‘punitive’ rooftop solar restrictions

Alan Bauman would put solar panels on his Prairie Village home if he could. He’d like to benefit from the savings on his energy bill and have more security when his electric utility suffers power outages.  But his homeowners association restricts his and neighbors’ ability to install solar power.   Read the article…………………………….

Five recommendations North Carolina lawmakers may consider to tackle HOA disputes

Members of the House Select Committee on Homeowners’ Associations are moving closer to advancing a draft bill designed to level the playing field between homeowners and their HOAs.  Following two public hearings in January, five recommendations were presented Tuesday to the committee by legislative staff.    Read the article…………………………….

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]