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NC Community Association Legislative Update – Community Association Property Management Act

While most NC General Assembly bill filing deadlines have passed, legislation considered appropriations or finance can be filed through next week. A bill introduced yesterday would, if adopted, significantly impact North Carolina’s HOA/condo associations as well as community managers.  

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Owner Approval for a Construction Defect Lawsuit?

On March 17, 2017, House Bill 17-1279 was introduced and assigned to the State, Veterans, and Military Affairs Committee. The original intent of H.B. 17-1279 was to open the lines of communication between the association board, the association members, and

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Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments (MD)

Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws. As amended, what originated as House Bill 789 would reduce the required percentage vote for

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Lawmakers announce breakthrough on construction defects reform measure (CO)

Lawmakers at the state Capitol say they have finally reached a compromise over a contentious construction defects reform bill that requires a majority of homeowners in a condominium complex — not just the homeowner association board — give consent to

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NC Community Association Legislative Update – April 19, 2017

Several important legislative deadlines have passed in recent weeks. Tuesday, April 4 marked the NC Senate deadline for filing public bills and resolutions. Tuesday, April 11 marked the NC House deadline for filing public bills and resolutions (other than appropriations

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Criminal penalties in proposed condo law spur controversy in Tallahassee (FL)

The Florida condo reform bill is moving forward in the state Legislature, but the controversy between those who are in favor of and those who are against criminalizing certain infractions could intensify in the coming weeks.  The bill, led by

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Florida Community Association Related Legislative Update 2017

Florida’s 2017 Legislative Session is in full swing. As is our yearly ritual, we have kept a close eye on proposed legislation relating to community associations. As many may recall, all major bills introduced last year affecting community associations fell

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Colorado House Bill 1279 stalls over 120-day unit owner election period

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last

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PA lawmakers to mull community mediation

Pennsylvania lawmakers will discuss a proposed change Tuesday, to how the state handles disputes within private communities. The state House of Representatives plans to reconsider House Bill 595, which would expand the Attorney General’s power to mediate such cases.  “There

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HOA Harassment Law (CA)

Last year, federal regulations were changed to address harassment and discrimination claims. The changes affect community associations. Even though associations are not housing providers, they are deemed so for the purposes of this statute.  New Law. Effective October 14, 2016,

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Maryland General Assembly Passes Legislation To Allow Reduced Number Of Votes To Amend Condo Bylaws

Both houses of the Maryland General Assembly have passed legislation that would reduce the number votes required to amend condominium bylaws. House Bill 789 was approved unanimously in both the House of Delegates and State Senate. The new law would

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California Makes Artificial Grass Permanent

This month, Governor Brown signed AB 349, a drought bill aimed at California HOAs that restrict the installation of artificial turf. Significant protections already exist for owners who wish to install “low water-using landscaping,” but AB 349 goes a step

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House of Delegates Passes Amended Version Of Bill To Require Notice to Owners Of Common Element Sales (MD)

The Maryland House of Delegates has passed an amended version of a bill previously approved in the State Senate that would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any

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Senate Committee Issues Favorable Report On Bill To Preclude Developers From Limiting Condo Owners Claims (MD)

The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, intended to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer.

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Sponsors again delay hearing on bipartisan construction defects bill, say negotiations ongoing (CO)

Lawmakers late Tuesday pushed back a scheduled Wednesday committee hearing on a bipartisan construction defects reform bill, saying negotiations involving critical issues are still unresolved.  Groups representing builders and homeowners have been facing off for years over attempts to rewrite

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2017 Proposed Legislation Regarding Florida Statutes, Chapter 718 (FL)

In recent legislation, Senate Bills 1258 and 1682 and House Bills 1001 and 1237 seek to amend Florida Statutes, Chapter 718.  Senate Bill 1258 and House Bill 1001 seek to fine directors who knowingly violate any Association bylaw or statutes.

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State Senate Passes Bill Requiring Notice To Owners Of Common Element Sales (MD)

By a vote of 47-0, the Maryland State Senate passed Senate Bill 809, which would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of

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HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits (MI)

On March 30, 2017, Representative Klint Kesto introduced House Bill 4446, which would modify the Michigan Condominium Act, MCL 559.101, et. seq. House Bill 4446 (2017) would amend MCL 559.160, MCL 559.207 and MCL 559.215 as follows:   (See article)

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NC Community Association Legislative Update – Fidelity Coverage & Audits

While there are still several weeks for legislative proposals to be introduced in the General Assembly, one bill introduced yesterday (March 29) would directly impact North Carolina condominium and homeowner associations: Senate Bill 491: HOA/Condo Crime & Fidelity Insurance Policies

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Does a New Law Override CC&R Restrictions on “Granny Units? (CA)

Several board members are concerned about changes to the California laws (link is external) that regulate “Accessory Dwelling Units” (sometimes called “Granny Units”). Property owners sometimes add tiny homes or modify their garages for rental income or to provide low-cost

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Democratic lawmakers, business leaders reach impasse on construction defects legislation (CO)

Construction-defects reform legislation hit a snag as frustrated Democrats accused a group of business leaders and affordable housing advocates of throwing up roadblocks to a bipartisan bill that had been set for its first hearing Wednesday, but a spokesman for

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House of Delegates Passes Bill To Preclude Condo Developers From Limiting Owners Construction Defect Claims (MD)

By a vote of 136-0, the Maryland House of Delegates approved a bill to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer. House Bill 676 would prevent condominium developers from limiting the ability

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A summary of the 2017 changes to the Condominium Property Act and Common Interest Community Association Act

Public Act 99-0567 amends the Condominium Property Act and Common Interest Community Association Act (CICAA). P.A. 99-0567 allows for an executive session to be held as part of an open meeting or as a separate event with no notice requirement

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Governor vetoes a bill that generated controversy in Spotsylvania County (VA)

Spotsylvania Parkway’s picturesque—and pricey—landscaping is here to stay.  After an outcry from some homeowners, Gov. Terry McAuliffe recently vetoed a bill that could have turned the parkway’s landscaping over to the Virginia Department of Transportation. The 2-mile stretch of Spotsylvania

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House of Delegates Passes Legislation Requiring Periodic Reserve Studies (MD)

By a vote of 135-1, the Maryland House of Delegates has passed House Bill 651, which would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas. As discussed in an earlier post, the

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2017 Maryland Condo and HOA Legislation–The Home Stretch

Two weeks until the 2017 Maryland legislative session ends on April 10. Several bills affecting condominium and homeowner associations are still under consideration.   Read the article………….

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House of Delegates Passes Bill To Reduce The Votes Required To Amend Bylaws (MD)

By a vote of 135-0, the Maryland House of Delegates has passed legislation that would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws may only be amended

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Proposed Estoppel Bill 398 – Unfair And Inequitable To Community Associations (FL)

Senate Bill 398 (“SB 398” or “Bill”) sponsored by Senator Passidomo is making its way through the Florida legislature and is a step closer to being passed into law. This Bill puts the needs of Florida’s community associations behind that

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Bill would delete ‘proper purpose’ requirement to see condo records (IL)

Requiring unit owners to have “proper purpose” for seeing records of their condominium association may have been needed to protect privacy but, says a supporter of a bill in the Illinois House of Representatives, it has evolved and now “individuals

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House of Delegates Passes Registration Requirement for Condos, HOAs and Coops

The Maryland House of Delegates, by a vote of 99- 39, has passed House Bill 41, which would require residential condominiums, homeowner associations and cooperative housing corporations to register annually with the Maryland Department of Assessments and Taxation. The proposed

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Why Stopping (FL) SB 398 Should Be a Bigger Priority for Community Associations

Each year, our elected state representatives and senators meet in Tallahassee for a legislative session where they review and debate an extensive amount of proposed bills, only to send a few of those bills to the governor to be signed

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Proposed Maryland Law Would Permit HOAs To Collect A Fee For Resale Inspections

House Bill 34 in the Maryland General Assembly would give homeowner associations the right to collect a fee relating to inspections during the resale process. The proposed law would entitle an HOA to charge “a reasonable fee not to exceed

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HOA Revisions (UT)

This bill amends provisions related to condominium and community associations.  Highlighted Provisions:  This bill: provides that a condominium or community association shall comply with certain requirements before bringing a legal action against a declarant, a management committee or board of

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New law sets fee limits on condo resale documents (MD)

In the 2016 session of the Maryland General Assembly, legislation under House Bill 1192 was passed that alters the contents of required disclosures, authorizes additional fees, and sets limits on fees that may be charged to a seller by a

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Miami-Dade-backed condo law reforms advance in Legislature (FL)

A plan from Miami-Dade lawmakers to penalize fraud and abuse in condominium associations earned unanimous initial approval in House and Senate committees this week.  The bills, most notably, impose new criminal penalties for falsifying association documents, committing fraud in association

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Longs neighborhood upset with HOA, new bill in Senate could help (SC)

A new law that would put stricter regulation on homeowners associations is now making its way through the state Senate and for one neighborhood, the changes can’t come soon enough.  State Sen. Greg Hembree proposed a bill this year that

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Condominium Associations May Recoup Insurance Deductibles

One of the largest line items in any condominium association’s budget is its insurance premium. Condominium associations are required, pursuant to their governing documents, to carry adequate property insurance to address common elements (and in many cases, unit owners’ improvements),

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Miami-Dade-backed legislation cracking down on ‘rogue’ condo associations advances (FL)

A plan from Miami-Dade lawmakers to penalize fraud and abuse in condominium associations earned unanimous initial approval in House and Senate committees this week.  The bills, most notably, impose new criminal penalties for falsifying association documents, committing fraud in association

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Why Colorado lawmakers hope this is the year to solve the affordable condo crisis

This much perhaps everyone can agree on: Colorado is in an affordable housing crisis, whether you live on the Front Range, Western Slope or the Eastern Plains. Affordable housing is almost a myth, with rents in Denver for a one-bedroom

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MD General Assembly Considers Bill To Require Written Policies For Homeowner Association Payment Plans

Senate Bill 1115, filed in the Maryland General Assembly, would require homeowner associations to adopt a written policy if it permits payment plans for homeowner fees and other charges. The new law would add Section 11-114.1 to the Maryland Homeowner

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CALL Alert for March 20, 2017 (FL)

Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure

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(CO) Grantham: Don’t call new construction defects bill a ‘compromise’

Senate President Kevin Grantham tossed some cold water this weekend on the bipartisan backslapping that greeted the introduction of a new bill aimed at resolving longstanding tensions over construction defects litigation policy and spurring moribund condominium construction across the state.

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Homeowner consent bill introduced in House as latest salvo in construction defects battle (CO)

Yet another attempt to reform Colorado’s construction defects statute has been introduced in the legislature, this time a bipartisan bill that would require majority approval by homeowners to initiate a legal action against a builder rather than leaving that decision

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Lawmakers introduce bipartisan compromise bill to tackle construction defects issues (CO)

A bipartisan group of legislators introduced a compromise bill late Friday aimed at encouraging developers to build condominium projects while preserving the right of homeowners to have their day in court.  The legislation arrives at the end of a week

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State Senate Bill Would Authorize Common Element Restrictions On Delinquent Unit Owners (MD)

Senate Bill 529 in the Maryland General Assembly would authorize condominiums to restrict the use of common elements by unit owners who are delinquent in paying assessments. The proposed law would add new subsection 11-104(e) to the Maryland Condominium Act

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Senate Bill Seeks to Criminalize Certain Violations of the Condominium Act (FL)

Florida’s 2017 legislative session is well under way and we are already seeing a slew of bills directed at community associations. One bill in particular should alarm anyone working with or serving on a condominium association board of directors. Senate

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Proposed Legislation Would Require Condominiums To Give Unit Owners Notice Of A Sale Or Lien Affecting A Common Element

Senate Bill 809 and House Bill 1369, now pending in the Maryland General Assembly, would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of

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State lawmakers plan public hearing on HOAs on Oct. 29 in Horry County (SC)

Is your homeowner’s association harassing you over the state of your landscaping?  Does your HOA shield its finances from view? Are you an HOA?board member concerned about possible changes in state law?   If you answered “yes” to any of

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Colorado construction-defects reform centerpiece assigned to ‘kill committee’ (CO)

House Speaker Crisanta Duran assigned the business community’s centerpiece construction-defects reform bill late Tuesday to the so-called “kill committee,” disappointing backers and sponsors of Senate Bill 156 and refocusing efforts on a yet-to-be-introduced successor bill that deals with fewer of

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Senate bill would give 421a to far more condo developers

A budget proposal from the New York State Senate would greatly increase the number of tax exempt condominium projects in the outerboroughs, confirming the fears of Mayor Bill de Blasio and other city officials that such developments could creep back

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