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Maryland Condo and HOA Resale Disclosure Law Revised

New resale disclosure requirements for Maryland condominiums and homeowner associations apply beginning October 1, 2016. Condos will now be required to provide prospective purchasers with the current reserve study report or a summary of the report, and a statement of

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New Fair Housing Act Regulations Become Effective October 14, 2016

Last week, the U.S. Department of Housing and Urban Development (HUD) released final regulations related to quid pro quo and hostile environment housing claims under the Fair Housing Act. Some of the new regulations which go into effect on October

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New FHA Rules to Create New Association Duties

On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of

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Ham Radio Antennas – Associations Have to Allow Them, But Have Some Control

During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which seeks to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed HR 1301 was detrimental to an association’s control over

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CAI Rebuts Misleading Opposition Arguments to Senate Bill 1282

CAI’s Pennsylvania Legislative Action Committee (PA LAC) has been supporting legislation (Senate Bill 1282 / House Bill 1101) which would clarify the manner in which county Recorders of Deeds may assess fees regarding the amendment of declarations for condominiums, cooperatives

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Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act

This final rule amends HUD’s fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. The rule specifies how HUD

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2017 IL Condo Act Amendment to Allow Condo Boards Exclusive Vote on Loans

On January 1, 2017, the Condominium Property Act will be amended. Language will be taken out that previously allowed an association’s declaration to require an owner vote to assign the association’s right to future income.  Since associations do not hold

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Legislative Update Summary of Laws Effective January 1, 2017 (IL)

This summary highlights legislative updates in the Illinois Condominium Property Act, the Common Interest Community Association Act, the Condominium and Common Interest Community Ombudsperson Act, and other statutes.    Read the article…………..

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Northampton County Council opposes state legislation to exempt condo associations from property record fees (PA)

Northampton County Council Thursday night passed a resolution opposing proposed state legislation aimed at prohibiting counties from collecting fees to record real estate filings from condominium associations.    Read the article……………

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Montgomery County CCOC To Require Negotiation of Association Disputes

After a year-long examination of the operations of the Montgomery County Commission on Common Ownership Communities (CCOC), the County Council has enacted a new law which makes changes in the CCOC dispute resolution process. More than 340,000 Montgomery County, Maryland

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New laws change condo association management (NH)

This is Part II of legislative changes to the Condominium Act that went into effect Aug. 1. The caveat is many of the actions boards and associations have been taking now must be explicitly in the bylaws (not even in

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The Condominium Fire Sprinkler Retrofit – A Continuing Saga (FL)

Each week, I receive a multitude of calls and e-mails from condominium association clients, and non-clients alike, regarding the condominium fire sprinkler retrofit requirements. The confusion arises because of a 2010 amendment to section 718.112 of the Florida Statutes which,

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What Property Managers Need to Know About the Changes to the AIC Elevator Program

The City of Chicago will be instituting new rules governing the Annual Inspection Certification (AIC) Program, effective August 17, 2016. Here is what property managers should know.  The AIC Program requires property owners/property managers to document the compliance of elevators,

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MI Legislature Amends Sec. 67 of the Condo Act – “Big Developer” Wins Big, While “Average Joe Co-owner” is Left Holding the Bag (Again)

On June 22, 2016, Governor Snyder signed Senate Bill No. 610 into law, amending Section 67 of the Michigan Condominium Act. The Michigan Legislature had a prime opportunity to effect real change in the law to benefit the many thousands

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New Condominium Act Changes (NH)

The New Hampshire Legislature has recently passed sweeping changes to the New Hampshire Condominium Act. The changes were signed into law by the Governor and became effective as of 8/1/16. While the changes affect only a few sections of the

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Chicago home associations opposed to Airbnb can get on the list

On June 22, the city of Chicago adopted an ordinance that establishes regulations for condominium and homeowners associations affected by the recent surge in home-sharing and vacation rentals — the so-called Airbnb ordinance.   Read the article……………

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Older high-rise condos, co-ops must vote to opt out or install fire sprinklers (FL)

One major fallout of the quiet session was the lack of any new bill extending the ability of associations to take a membership opt-out vote to avoid having to install expensive fire sprinklers in high-rise residences. In the past, every

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Arizona citizens band together to address legislative powers of HOAs

A group of Arizona citizens are gathering at the capitol every month to force a conversation on the legal powers and lack of oversight and regulation of homeowners associations throughout the Phoenix metropolitan area.  Arizona Sen. David Farnsworth (R) on

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City of Chicago Passes Ordinance Requiring Associations to Implement Source-Separated Recycling Programs

Recently, the Chicago City Council passed the Chicago Recycling Ordinance. Effective January 1, 2017, the ordinance requires commercial and multi-unit residential buildings – including apartment buildings, condominium associations, and cooperatives – to provide a system for source-separated, single stream recycling

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Are You Aware of These Utah Statues?

In 2015, the legislature added enforcement mechanisms to several statutes governing condominium and community associations that allow a unit owner to sue the association to require it to comply with the statute. These statutes also allow the unit owner to

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DBPR Chaos: Fire Sprinkler Opt Out Requirement Revisited

In May, we published an article discussing the upcoming December 31, 2016 deadline for high-rise condominiums to hold an opt out vote in order to avoid the requirement to retrofit their buildings with fire sprinkler systems. Since publication of our

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Las Vegas (NV) may amend short-term rental zoning rules

Las Vegas officials may clarify rules for short-term housing rentals that have stalled one condo owner’s application for more than six months.  The Las Vegas Review-Journal reports council members will consider the code amendment next week.  A $500 annual license

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NH Legislature rewrites Condo Act

After a near two-year process, the New Hampshire Legislature agreed on a bill to update the Condo Act, which Gov. Hassan signed on June 24, making it a law effective Monday, Aug. 1.  As with most pieces of legislation (and

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President Obama Signs Legislation Modernizing FHA Condominium Approvals

The White House announced President Barack Obama has signed H.R. 3700, the Housing Opportunity through Modernization Act. H.R. 3700 is now federal law.  H.R. 3700 reforms the process used by the Federal Housing Administration (FHA) to determine if condominium unit

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At state committee hearing in Doylestown, condo owners lobby for relief from county recording fees

When the Villages of Flowers Mill Homeowners Association in Langhorne amended its bylaws in 2011 to allow for exceptions to the community’s age restrictions, it paid $395 to the Bucks County Recorder of Deeds to file the changes.  Two years

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The Fuss about Florida’s Fire Sprinkler Opt Out Deadline

The Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) has recently been quoted in several media articles advising that all multifamily buildings in Florida, regardless of height, must install sprinklers unless they opt out prior to the December 31,

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New FHA bill brings good news for condo buyers

Congressional Democrats and Republicans haven’t agreed on much lately, but they’re together on one issue that affects condominium buyers and sellers across the country: The Federal Housing Administration has bungled its condo finance program.    Read the article…………..

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Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 3

These statutes require an association to give written notice of management committee or board of directors meetings via email to each owner who requests such notice. The notice must be given at least 48 hours before the meeting, and must

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Gov. Rauner (IL) Signs Bill Which Mitigates The Effects of Palm Relative To Meetings & Notice Requirements

SB 2354 (Sen. Haine), became Public Act 99-0567 on July 15, 2016 when Governor Rauner signed the Bill into law. The legislation, which is effective January 1, 2017, amends both the Common Interest Community Association Act and the Condominium Property

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Chicago Adopts Home Sharing Ordinance

After heated debate for months in the City Council, Chicago finally adopted its short-term and shared housing rental ordinance on June 22, 2016. The final version of the ordinance affords condominium and homeowners associations protections against the growing number of

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New NC Sales Tax Will Impact Associations Budgets

For those of us that manage associations in NC there was recently a House Bill that was passed that will impact our associations budgets effective 2017. In summary, The NC Dept. of revenue will be taxing certain service providers that

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Senate Passes Bipartisan FHA Condo Reform Bill

The Senate approved a bill Thursday by unanimous consent that includes major reforms to the Federal Housing Administration condominium loan program and the Rural Housing Service loan program.  The bill, which has already cleared the House, would streamline the FHA’s

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Reverse Mortgage Industry Voices Concerns Over FHA’s HECM Proposals

Other commenters raised concerns over FHA’s proposals related to its rules on HECM eligibility for community association, such as condominium homeowner associations and housing cooperatives.      Read the article………….

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House Energy and Commerce Committee Action on Amateur Radio Parity Act Reset for July 12

The full House Energy and Commerce Committee markup of the Amateur Radio Parity Act (H.R. 1301) and four other bills has been rescheduled for July 12. Originally set for June 23, the session was postponed after the committee, with most

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Pennsylvania Legislation

The Pennsylvania Legislative Action Committee (LAC) has reviewed and taken the following positions on Bills currently pending.      Read the article…………

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NSW Government Unveils Timeline For New Strata Legislation

Apartment owners in New South Wales may soon face the prospect of being forced to sell their property with the State Government releasing a start date for parts of its amended strata legislation.  From 30 November 2016, the Strata Schemes

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CA: SB 269: State Changes ADA Issues, but National Still at Issue

In 2012, the California legislature was incensed by unprovoked attacks on small commercial operations by drive-by “disability activists” who, after eye-balling the complex for ADA violations would sue, and then settle for attorney fees and a few dollars more. In

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What happened in the 2016 General Assembly? (VA)

Rentals; resale disclosure; condemnation.   These changes are effective on July 1, 2016:     Read the article…………..

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Tax relief for condo owners passes in Albany (NY)

State Sen. Tony Avella (D-Bayside) and state Assemblyman Edward Braunstein (D-Bayside) have announced the passage of a bill designed to expand access to the J-51 Tax Abatement for middle-class condo and co-op owners. The bill is a small step, compared

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Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 2

This is the second installment in our series about Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of. For an explanation of why we think these statutes are important, please see Part 1.   Read the article…………….

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Senate Bill 610 Passes: Is the amendment to MCL 559.167 of the Michigan Condominium Act constitutional?

On June 22, 2016, Governor Snyder signed Senate Bill 610 after it underwent several amendments in both the house and senate. Senate Bill 610 will become effective as of September 21, 2016 and will amend MCL 559.167 to read as

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New law accommodates service members in communities (FL)

One bill that did pass and became effective July 1 was Senate Bill 184 adopting a new Section 83.683, Florida Statute. This bill to accommodate service members which include “any person serving as a member of the United States Armed

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City’s construction defects law tweaked (CO)

Apartments and townhomes are being built around Durango, but condominiums are rare. The Durango City Council hopes to encourage such construction by adopting a local ordinance that would protect developers from construction defects lawsuits.     Read the article………….

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Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 1

We’ll be sharing a series of posts over the next several days about statutes condominium and community association board members and managers need to be aware of.  In 2015, the legislature added enforcement mechanisms to several statutes governing condominium and

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AB 1799 on Community Association Elections is Halted (CA)

Saturday Assembly Member Mayes (R-Yucca Valley) pulled AB 1799 from committee. This means the bill is no longer active and halts the progress of the bill into law for this session.  This bill would have corrected an illogical and expensive

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HOA Homefront: Checklist for dealing with the Open Meeting Act (CA)

The Open Meeting Act is a law within a law, found within the Davis-Stirling Common Interest Development Act at Civil Code Sections 4900-4955.  A common misconception is that common interest developments are subject to the Brown Act, but it only

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Bill would allow AG to investigate private community squabbles (PA)

A bill requiring the state Attorney General’s Office to investigate or mediate alleged violations by operators of common interest private communities was unanimously approved Thursday by the Pennsylvania House of Representatives.    Read the article…………

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Summary of the New Condominium and Common Interest Community Ombudsperson Act (IL)

On July 1, 2016, the Condominium and Common Interest Community Ombudsperson Act will go into effect. The Act establishes the Office of the Condominium and Common Interest Community Ombudsperson. This regulatory Office is designed to educate and assist condominium and

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A look at Chicago’s proposal to regulate short-term rentals

Chicago aldermen are expected to discuss a reconfigured plan to regulate short-term rentals through companies like Airbnb, as several other big cities have done. The City Council could vote on the proposal Wednesday.  Here are the highlights:   Read the article…………

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Here’s a legislative suggestion box to help California’s HOAs

Dear California Legislature: Each year you address HOA bills that often respond to narrow issues or complaints. Except for the California Law Revision Commission’s 2014 revision of the Davis-Stirling Act, significantly helpful changes in the act have been rare in

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