Legislative Articles

Back to homepage

AB 2362 – Why You Should Use a Licensed Pest Control Operator (CA)

Beginning January 1, 2017, a common interest development association or its authorized agent must provide notice to an owner and any tenant if a pesticide is to be applied to a separate interest or common area without using a licensed

Read More

New FHA Owner Occupancy Requirements Could Benefit Some Condo Communities

A few months ago we informed you that both houses of Congress voted unanimously to pass the Housing Opportunity Through Modernization Act (HOTMA) which, in part, required FHA to lower the required percentage of owner occupied units in condominiums from

Read More

Legislature May Address HOA Foreclosure Issues in Upcoming Session (TX)

The Texas Legislature may make another run in the 2017 session at curbing the powers of homeowner associations. The likely focus: restricting the ability of associations to hit homeowners who commit even minor violations of community rules with attorney fees

Read More

Online petition raises questions about Lake of the Ozarks residential rental properties (MO)

A petition against proposed legislation taxing residential rental properties in the Lake of the Ozarks area has raised some concerns for those who own properties there. KRCG 13 spoke to lawmakers Wednesday to clear up the issue.  The petition has

Read More

Hold On A Minute! About Those New Overtime Rules…

On Tuesday, November 22, a federal court judge in Texas issued an injunction blocking implementation of the Obama administration’s new overtime rules. The rules were set to go into effect on December 1, 2016, but are now on hold indefinitely.

Read More

SB 918 – You Want Notice Where?

One of the more interesting bills that came out of a relatively quiet year from a legislative standpoint for California’s community associations is SB 918. This law, which goes into effect on January 1, 2017, does two main things:  One,

Read More

How Should Vacation Rentals Be Taxed? Missouri Lawmakers Hear From Stakeholders

The explosive growth and expansion of transient guest nightly rentals at the Lake has been good for homeowners and vacationers. Some families are opting to rent a home on the lake, where they can enjoy a kitchen and multiple living

Read More

Will Community Associations Get Trumped?

The election of Donald Trump as the President of the United States ushers in uncertainty for a variety of federal housing policies which affect the financing and governance of homes in community associations–condominiums, homeowner associations and housing cooperatives. During the

Read More

The Florida Medical Marijuana Law and Your Community Association – What You Need to Prepare For

On November 8, 2016, Florida voters passed Amendment 2, which will become effective January 2017. The Amendment allows the medical use of marijuana for persons with debilitating medical conditions, including HIV, Alzheimer’s disease, cancer, seizures, multiple sclerosis, and other conditions,

Read More

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions (FL)

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review whether they

Read More

Albuquerque realtors look to cap processing fee statewide (NM)

An unexpected fee has been hitting homeowners looking to sell their homes, and it’s not cheap. It’s something the city of Albuquerque has cracked down on.  It’s often called a processing fee, charged by homeowners associations to get a document

Read More

Governor Tom Wolf Signs Senate Bill 1282: Legislation Ends Practice of Per Parcel Recording Fees

The Governor signed the Bill on Friday, November 4, 2016, bringing a conclusion to a five year effort by CAI PA LAC to put an end to the recording fee scheme adopted by over a third of Pennsylvania’s counties. Act

Read More

Band of citizens call into question HOA management group banking practices (AZ)

A group of Scottsdale residents are spearheading an effort to evoke legislative change meant to corral the powers of management companies hired by local homeowners associations statewide.  A group of Arizona citizens are gathering at the capitol every month trying

Read More

FHA pulls housing head fake on condo communities

Call it a housing policy head fake — one with potentially painful consequences for moderate-income buyers, sellers and seniors in hundreds of condominium projects around the country. If you were thinking about purchasing a condo unit with a low-down-payment Federal

Read More

Changes to the PA Uniform Planned Communities Act and the Uniform Condominium Act.

Governor Wolf recently signed into law House Bill No. 1340 of 2015 which amends both the Uniform Planned Communities Act and Uniform Condominium Act. The two statutes are complementary and have substantially similar provisions. The current bill makes the same

Read More

New Arizona Law Could Affect Homeowner Associations

Governor Ducey signed SB1350 on June 12, 2016, and it becomes effective January 1, 2017. The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and short-term rentals, with certain specified

Read More

Proposed Amendment to the MI Condo Act: House Bill 5980 would require mediation of disputes prior to initiating litigation

Michigan House Bill 5980 was introduced on October 19, 2016. House Bill 5980 would amend MCL 559.154, Section 54 of the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation

Read More

2017 Legal Update for Homeowners Associations (FL)

INTRODUCTION: In the 2016 Legislative Session, 44 Bills which related to Community Association operations in Florida were brought before various Committees. However, the Legislature abruptly adjourned at 7 p.m. on Friday, March 11, 2016, most of the community association legislation

Read More

Condo Association Snow Removal Contracts Affected by New Liability Limitation Act (IL)

On August 25, the Snow Removal Service Liability Limitation Act became effective. This act voids certain indemnity agreements that are common in condominium association snow removal contracts.  The Act (which contains a lot of legal language) essentially limits liability provisions

Read More

Compromise On Ham Radio Legislation Offers Satisfactory Resolution

A bill that was recently brought before the U.S. House of Representatives is seeking to limit the amount of control community associations have over amateur radio operators. However, a compromise was reached between a prominent lobbying group and a membership

Read More

HAM Radio Towers and Antennas in Your HOA Community

On July 13, 2016, the U.S. House Committee on Energy and Commerce gave its stamp of approval to a compromise version of H.R. 1301, the Amateur Radio Parity Act.  Community Associations Institute opposed H.R. 1301 as introduced, which preempted association

Read More

Myanmar: Condominium by-laws delayed with govt targeting completion by year’s end

Expectations that the law, which was finally passed after considerable debate and delay, would usher in a spate of foreign purchases of Myanmar real estate have so far proved unfounded.  U Min Htein, director general of the Department of Urban

Read More

Cathedral City vacation rental rules give power to HOAs (CA)

Cathedral City homeowners associations, like Cathedral Springs, Desert Princess and Canyon Shores, got a little more powerful Wednesday with the city’s approval of an ordinance amending its vacation rental regulations.  City Council voted 4-0, with Councilman Mark Carnevale absent, to

Read More

Fair Fees (NM)

Who would have thought fees would be such a hot topic? There was a little more than an hour of public debate and numerous public comments regarding putting a cap on the fees homeowner associations can charge for documents needed

Read More

New Fair Housing Harassment Rules Apply to Community Associations

Condominiums, housing co-ops and homeowner associations may be liable for the conduct of community residents which subjects other residents to “hostile environment harassment” under new rules issued by the United States Department of Housing and Urban Development (HUD).  The new

Read More

Illinois Snow Removal Service Liability Limitation Act: Bad News for Associations!

The Snow Removal Service Liability Limitation Act became effective August 25, 2016, and eliminates common contractual remedies of associations.  In a “nutshell,” certain indemnity agreements in snow and removal contracts are now against public policy and void. Any snow and

Read More

Governor Signs Senate Bill 918 (CA)

On September 28, 2016, Governor Brown signed into law Senate Bill 918, adding Civil Code Section 4041 to the Davis-Stirling Common Interest Development Act. Effective January 1, 2017, homeowners will be required to provide annual written notice to their community

Read More

Barriers to condo mortgages may be coming down, but details remain to be set

For many condominium buyers and sellers, the Obama administration delivered what seemed like encouraging news last week: The Federal Housing Administration, once the primary source of mortgage financing for moderate-income and first-time condo buyers, is coming back, big time.  But

Read More

New law loosens restrictions on community association board meetings (IL)

For community associations, change is afoot.  New legislation will ease some of the restrictions on how board members conduct their affairs, allowing them to convene privately for an expanded number of reasons starting Jan.1, 2017.  Both the Illinois Condominium Property

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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…………..

Read More

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……………

Read More

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

Read More

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

Read More

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,

Read More

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,

Read More

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

Read More

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

Read More

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……………

Read More

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

Read More

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

Read More

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

Read More

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

Read More