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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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2017 Legislative Update (OR/WA)

Oregon and Washington law makers are in session. There are several proposed house and senate bills which impact condominium and homeowner associations. Here’s a brief summary, along with links to review the language of the proposed legislation.     Read the

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Death of Democratic construction-defects bill refocuses effort on comprehensive reform (CO)

A Colorado Senate committee on Monday killed a construction-defects reform bill described by its author as a compromise measure to untangle the state’s year’s long battle over laws that many argue thwarting new development of affordable multi-family housing in Colorado.

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2017 Maryland Condo and HOA Legislation–What’s Hot and What’s Not

With the Maryland General Assembly now in the final month of the 2017 legislative session which ends on April 10, several bills regarding community associations are still under consideration. Other bills have died in committee. A bill must be passed

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Miami-Dade lawmakers want criminal penalties for fraud and abuse by condo directors (FL)

After decades of struggling against a condo regulatory system that experts say perpetuates impunity and makes it easy to commit fraud, thousands of condominium owners in Florida may finally see substantial changes in state laws.   Last week, state senators

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2017 Utah Legislative Session – HOA/Developer Issues

HOAs have not come out unscathed by the 2017 Utah general legislative session, which ended yesterday, March 9. A new law was passed that requires an HOA to comply with rather onerous requirements before it may go after the developer

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Attorney: Watch legislation involving condo living

Condominium associations should pay attention to the Florida legislative session, according to a local attorney.  Donna DiMaggio Berger, a shareholder at Becker & Poliakoff, said there are more than two dozen bills that could directly or indirectly impact condominiums and

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Maryland Legislature Considers Proposal To Reduce Votes Required To Amend Bylaws

House Bill 789, now pending in the Maryland General Assembly, 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 upon a vote of

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Construction Defects and Insurance: Proactive Steps to Protect Your Community

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation

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Lawmakers pass bill limiting HOA control on solar (UT)

A bill that limits the ability of homeowners associations to regulate rooftop solar installations made it through the Utah Legislature late Thursday.  Senate Bill 154, sponsored by South Jordan Republican Lincoln Fillmore, would prohibit rules against solar in most cases,

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Proposed Maryland Law Would Require Condominiums and Homeowner Associations To Undertake Reserve Studies

House Bill 651, now pending in the Maryland General Assembly, would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas.    Read the article………….

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FL Associations Beware: Governor Signs Law Today which Shortens Screening Time for Members of the Military!

SB 184 was signed by Governor Rick Scott of FL today. The new law which amends Section 83.683, F.S. will take effect on July 1st and will apply to condominiums, cooperatives, HOAs and landlords.  The new requires an association to

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EQ Retrofitting in Los Angeles, 2017 (CA)

Homeowners and Association Managers need to be aware that the City of Los Angeles has passed Ordinances 183893 and 184081, city laws that require the earthquake retrofitting of buildings that fall below current safety standards. The ordinance is intended to

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Mayors campaign for construction defects bill (CO)

While mayors around the metro area are backing a state legislative effort restricting construction defects lawsuits that they say discourage the building of attainable housing — such as condominiums and townhomes — critics say it would take away a homeowner’s

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Maryland Top Court to Review Condo Towing Rule

To tow or not to tow…with apologies to William Shakespeare, that is the question at the heart of long-running litigation between an Anne Arundel County condominium and owners whose vehicles were towed from the condo parking lot. The Maryland Court

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My Position on the Pending Solar Legislation (UT)

I surprised a few people at the Utah Legislature last week, by testifying against a bill that would arguably facilitate the installation of solar panels in Utah. Those who know me (and those who follow this blog) are well aware

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New Mexico HOA legislation

…..two homeowner association bills, SB244 and HB374, The bills, sponsored by Sen. Mimi Stuart, D-Albuquerque and Rep. Monica Youngblood, R-Albuquerque, respectively, amend disclosure requirements, provide alternative dispute resolution methods, and cap fees that HOAs may charge for issuing financial disclosure

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New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help: Recommendations for Legislative Action”. You can read the Miami-Herald Article about the Grand Jury Report here.  Today, Senator Rene Garcia

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Missouri lawmakers propose HOA legislation, but critics say it won’t protect homeowners

Legislation in the Missouri General Assembly would address homeowners’ concerns about their homeowners associations, which sometimes find fault with issues like the color of a swing set. But critics say the legislation would only help the HOAs.    Read the

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Proposed Maryland Legislation Would Expressly Authorize Baltimore County Homeowner Associations To Bring Nuisance Actions

House Bill 496, now pending in the Maryland General Assembly, would give express authority to Homeowner and Community Associations in Baltimore County to bring a court action seeking relief from or abatement of an alleged nuisance. Under current Section 14-125

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Construction defects bill OK’d by state Senate committee (CO)

The second piece of legislation aimed at resolving concerns with construction defects in Colorado passed 5-2 Monday by the Senate Business, Labor and Technology committee.  Senate Bill 156 would require homeowners seeking restitution for faulty work by contractors to go

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Apartments v. Condos: Colorado’s construction defect debate, explained

Once again, state lawmakers are arguing about changing construction defect laws.  At the heart of this issue is condo buildings– specifically, the lack of them.  Those who want to change the law argue it’s too easy to sue the builder

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