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New laws impact community association financial reporting requirements (FL)

Q: My understanding is there are new laws that impact the annual financial reporting requirements for community associations as well as the right to waive these financial reports. Can you explain the changes?      Read the Q&A……………

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New Virginia Law Regarding Real Estate For Sale Signs

There seems to be some confusion about this new addition to the resale provisions in the Condominium Act and the Property Owners Association Act. As of July 1, 2017 there is a new Virginia law, passage of which was promoted

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2017 Legislative Update for Florida’s Community Association Laws: Part III

On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part III in a blog series detailing these

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Electronic Voting Now Authorized in New Jersey Community Associations

One of the overlooked effects of the recent Radburn Legislation is that it now provides statutory authority for New Jersey community associations to vote electronically. Specifically, the new law authorizes an association to utilize electronic voting: (1) when the board

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New Legislation Effective July 1, 2017 Affecting Florida’s Community Associations

While much of the 2017 legislation recently passed into law affects only condominium associations, Senate Bill 39 (a.k.a., the “Estoppel Bill”) affects condominium, homeowners’, and cooperative associations.  In regard to the Estoppel Bill, remember that in addition to the statutorily

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New Legislation Adds Teeth to Florida’s Condo Laws

The new Florida law that establishes criminal penalties for association fraudsters should help many associations to contend with suspicious and irregular activities by unscrupulous board members.    Read the article…………..

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New Virginia Law Regarding Real Estate For Sale Signs

There seems to be some confusion about this new addition to the resale provisions in the Condominium Act and the Property Owners Association Act. Beginning July 1, 2017 there is a new Virginia law, passage of which was promoted by

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2017 Legislative Update for Florida’s Community Association Laws: Part II

On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part II (click here for part I) in

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New legislation affecting condos, co-ops and HOAs (FL)

Last year the Florida Legislature was silent when it came to passing any laws affecting community associations. Not this year.  This year four bills were approved and signed by the governor and one was vetoed. SB 398 applies to condos,

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Mediation and Arbitration Study for HOAs and Condos (NC)

The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision

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North Carolina Community Association Legislative Wrap-Up – July 2017

Courtesy of my colleague, Greensboro attorney Jim Slaughter of Black, Slaughter, Black, following is a summary of the status of various legislative bills in the North Carolina legislature that could affect condominium and community associations. Jim always has his ear

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AB 1139 Imposes New Notice Requirements on Deed-Based Transfer Fees (CA)

On July 31, 2017, Governor Brown signed Assembly Bill 1139 (“AB 1139”) into law. AB 1139 amends California Civil Code Section 1098.5 with regard to deed-based transfer fees (“Private Transfer Fees” or “Fees”). Prior to AB 1139 becoming law, any

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Governor Vetoes House Bill 653 (FL)

One of the most talked about community association legislative bills this session was House Bill 653 (HB 653), which proposed changes to the Condominium Act and the Homeowners Association Act. Gov. Rick Scott vetoed HB 653 at 7:55 p.m. on

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Review of Legislation continues – Part 5 (FL)

Today’s column is the final installment of our annual review of legislation affecting Florida community associations.  In prior columns, we reviewed Senate Bill 398 dealing with “estoppel certificates,” and House Bill 1237 which only applies to condominiums and contains changes

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HUD Releases Final Rule Related to Discrimination in Community Associations

In September 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations relating to housing discrimination, which now require community associations to investigate claims of harassment by one resident of another resident who is a member of

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2017 Florida Legislative Guide

From the Community Association Leadership Lobby      Read the book…………..

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Review of Legislation continues – Part 4 (FL)

Today’s column is the fourth installment of our annual review of legislation affecting community associations.  So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the

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Summer sizzles with new laws affecting condos, real estate (VA)

As sure as summer brings hot days, the season also delivers new laws passed by the General Assembly that became effective July 1. As in the past, some of the latest new or altered laws affect condominiums and real estate

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Statute changes impose new conflict of interest rules (FL)

So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end

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HOA covenants can be preserved by board’s vote

In recent weeks we have discussed some of the new condominium laws, particularly the term limits imposed upon condominium directors. Under the new law, directors cannot serve more than four consecutive two-year terms unless a new term is approved by

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ARRL President Issues Call for Members to Reach Out to their Senators to Support S. 1534

ARRL President Rick Roderick, K5UR, is calling on League members to urge their US Senators to support the Amateur Radio Parity Act of 2017, S. 1534. ARRL has opened a RallyCongress page to simplify the task.  “[W]e are at a

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AB 690 Signed! New Management Disclosures and Changes to the Escrow Document Disclosure Form (CA)

The Governor has signed AB 690 into law, which modifies several Code sections and adds two new Civil Code sections to the Davis Stirling Common Interest Development Act. Here is what you need to know about the new requirements:  New

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Governor (NJ) Signs New Legislation Securing Governance Rights of Owners Residing in Common Interest Communities

On July 13, 2017, Governor Christie signed into law bipartisan legislation amending and supplementing the Planned Real Estate Development Full Disclosure Act (PREDFDA). The new law provides, among other things, that all unit owners be members of their community associations

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Review of new legislation continues (FL)

Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.”  Today, we will look at House Bill 1237, which contains some significant changes. HB

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(CA) Senate Bill 721: Deck Inspections and Reserve Study Inspections

In California in the first half of 2017, Senate Bill 721 has been proposed, a bill which requires all exposed decks/walkways more than 6 ft above ground, in structures containing three or more multi-family units, to be inspected before 1/1/2023

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A Guide to Avoid Criminal Charges as a Condominium Director in Florida

Yeah. This a bit tongue and cheek, but the fact of the matter is that Florida law governing condominiums has changed. Earlier this year, the Miami-Dade Grand Jury filed a report about the status of condominium association governance and the

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Tax Reform and Community Associations

U.S. Congress has been talking about Tax Reform for several years and President Trump has now turned his focus to Tax Reform by asking Congress to deliver a plan. This week, CAI submitted comments to the Senate Finance Committee to

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Regarding the Radburn: New Law Enhances Voting Participation Rights in New Jersey Community Associations (NJ)

On July 13, 2017, New Jersey Governor Chris Christie signed into law P.L. 2017, Ch. 106 (S-2492/A-4091). The new law makes significant changes to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. 45:22A-43 et seq., with respect to

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Sanford’s bill aim: ‘Treat taxpayers the same’ in private community storm cleanup (SC)

If another hurricane strikes South Carolina, Rep. Mark Sanford wants residents in private communities and neighborhoods with homeowners associations to be eligible for help cleaning up debris.  The Republican congressman introduced a bill last week — the Disaster Assistance Equity

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Review of New Legislation Continues – Part 3 (FL)

Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.” Today, we will look at House Bill 1237, which contains some significant changes. HB

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Review of new legislation continues(FL)

Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings.  An

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Hams hope to get higher with new law

Ham radio operators are hoping to reach higher through new national legislation.  This week, Sen. Roger Wicker, R-Miss., and Sen. Richard Blumenthal, D-Conn., introduced legislation called the Amateur Radio Parity Act, which would direct the Federal Communications Commission to provide

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Christie signs Radburn bill to democratize elections, vetoes others

Gov. Chris Christie signed a bill Thursday designed to ensure more open elections in Fair Lawn’s Radburn neighborhood but vetoed other measures related to President Trump’s travel ban and how lawmakers make changes to the state’s criminal justice policies.  

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Right To Terminate Developer Contracts Must Be Exercised Within Three Years (MD)

Section 11-133 of the Maryland Condominium Act gives a council of unit owners the right to terminate leases, management contracts, employment contracts, and other contracts entered into by the developer during the period that the developer had control of a

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Wicker, Blumenthal Support Regulatory Parity for Amateur Radio

U.S. Senators Roger Wicker, R-Miss., and Richard Blumenthal, D-Conn., today introduced legislation titled the “Amateur Radio Parity Act,” which would direct the Federal Communications Commission (FCC) to provide regulatory parity for amateur radio operators.  “Amateur radio continues to be a

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HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations

Tourism is a major part of the Michigan economy and its significance continues to grow. From 2010 through 2014 tourism employment growth even outpaced overall state employment growth. Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate

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Estoppel Bill Approved by Governor and Remaining Community Association Bills Presented to the Governor (FL)

Yesterday, the Governor approved SB 398, Relating to Estoppel Certificates. The effective date of the new law is July 1, 2017. If you would like to hear more about the estoppel bill, please watch the video or read the summary

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New Hampshire Amends Condominium Act

The NH legislature’s tweaks and additions to the NH Condominium statute have continued in 2017 with the passage of House Bills 501 and 502. Both bills go into effect on August 15, 2017. What follows is a brief summary of

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The Rhode Island Condominium Act has Been Amended Again!

The amendment which was signed by the governor on June 29, 2017 takes effect immediately. The new legislation allows a unit owner to obtain a written copy of any insurance company damage appraisal or any damage appraisal (regardless of who

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Review of New Legislature Continues (FL)

Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings.  An

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AB 534 Signed: Associations to Provide Notice to Members of Lien Claims (CA)

Vendor professionals frequently provide a variety of services on behalf of community associations and individual homeowners. Under California’s Constitution, unpaid vendors possess a legal right to lien the property upon which they work for the value of their rendered services

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Community Association 2017 Legislative Guide: Part II (FL)

Since we published Community Association 2017 Legislative Guide: Part I, several bills affecting community associations were signed into law, including Senate Bill 398 (estoppel bill) and House Bill 1237 (condominium crime bill). Citing London’s Grenfell Tower fire, Governor Scott vetoed

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Condo fraud legislation adds teeth to Florida’s laws

The investigative series by El Nuevo Herald and Univision 23 last year on condominium association fraud exposed severe flaws with Florida’s condo laws and their enforcement. It spurred the state attorney’s office to conduct a grand jury investigation, which culminated

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A Month into Hurricane Season U.S House of Representatives Passes Bipartisan Disaster Assistance Bill

Unless a major natural disaster has hit your community, you may be unaware that under current law homeowners in community associations are not eligible for FEMA assistance to repair common areas in their buildings. Further, associations are routinely denied disaster

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ELSS Bill Vetoed, Condominium Bill Approved, & Final Report on Community Association Bills for 2017 Session (FL)

Governor Rick Scott has now taken action on all of the community association bills that passed during the 2017 legislative session.   Read the article……………

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New Tenn. law resticts HOA bylaws against flying American flags

Over 100 new laws will go into effect on July 1, and one of those laws changes what you can and cannot do with the American flag.  The bill says a home owners’ association (HOA) can’t keep a homeowner from

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Bills Seek to End Conflicts of Interest on Co-op and Condo Boards

Proposed laws would require annual reports on all contract awards.  Smart co-op and condo boards treat conflicts of interest – even the appearance of conflicts of interest – the same way they treat the bubonic plague. They want absolutely nothing

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The Future of Fair Housing in Community Associations (CA)

The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working

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Minnesota Legislature Revises Minnesota Common Interest Ownership Act

In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk and difficulty obtaining insurance and financing for condominium developments at

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Daily Business Review on Veto of Condominium Fire Sprinklers Bill

Pointing to a high-rise fire in London that killed dozens of residents, Gov. Rick Scott vetoed a bill that would have eased fire-protection requirements for older condominium buildings in Florida.  House Bill 653, which passed the Legislature with only one

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