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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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Changes to Financial Reporting Requirements for Associations (FL)

On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations.    Read the article………….

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Maryland Appeals Court Voids Condominium Parking Rule

A Maryland condominium Rule which barred delinquent condo owners from using the common property parking lot and swimming pool has been struck down by the Maryland Court of Appeals–the highest state appellate court.   Read the article……………

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Legislative Update: Association Fraud, Financial Reporting Bills Signed Into Law (FL)

House Bill 6027 was signed by Governor Rick Scott. The Bill makes changes to the financial reporting requirements of Florida condominiums, homeowners’ associations, and cooperatives, and will be effective as of July 1, 2017. The Bill may be summarized as

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Scott cites London fire in vetoing condo bill (FL)

Pointing to a high-rise fire in London that killed dozens of residents, Gov. Rick Scott late Monday vetoed a bill that would have eased fire-protection requirements for older condominium buildings in Florida.  The bill (HB 653), which passed the Legislature

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Community Associations: New Estoppel Rules (FL)

Beginning July 1, 2017, Florida community associations will have to comply with more burdensome estoppel requirements.  The 2017 Florida legislature just recently passed a new law that will require associations to comply with a request for an estoppel certificate within

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Condo liability law loosened (MN)

A homeowners association is suing the developer, builder and manager of the Superior Vista condominiums, among others, claiming the Mesaba Avenue complex was not properly built and ought to be repaired under warranty.  “Many areas of the building were not

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Governor Hogan Signs Law To Require Notice To Homeowners Of Sales Of A Common Element Or Common Area

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale, including a

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Will new laws protect condo owners from apartment conversions and rogue associations? (FL)

….Florida lawmakers this spring unanimously approved a bill that requires condo associations to give owners better access to records and imposes criminal penalties for electoral fraud, theft of funds and conflicts of interest. The measure would become law July 1

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NC Community Association Legislative Update – June 22, 2017

I’m asked frequently about the status of proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one

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Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees (MD)

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has now been enacted,

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Mountain Law: Cracking Colorado’s condo conundrum

In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but

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Bills Would Impose Time Limits on Co-op Purchase Applications (NY)

There are currently half a dozen pieces of legislation under consideration in New York City and Albany that could change the way co-op apartments get bought and sold. Co-op advocates are not pleased with any of them. Some of these

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Assembly Judiciary Committee Approves Wieckowski Bill (CA)

A bill to clarify that the political speech rights of residents in common interest developments cannot be infringed upon by homeowner association (HOA) boards unanimously passed the Assembly Judiciary Committee this morning. SB 407, authored by Sen. Bob Wieckowski (D-Fremont)

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Legislative Update: Condominium Terminations Bill Signed Into Law (FL)

Senate Bill 1520 was signed by Governor Rick Scott on June 16, 2017. The following is a summary of the bill, which will take effect on July 1, 2017:  SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of

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District of Columbia Condominium Law Amended To Require New Owner Notices

The District of Columbia Condominium Act has been amended to require new notices and information be provided to condominium purchasers and unit owners.  When a condominium advises the owner of its intention to take legal action to collect any past

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Legislative Update: New Laws Affecting Florida Community Associations

When a bill passes the Florida Legislature and is sent to the Governor for consideration, the Governor has 15 days from which to sign the bill into law, veto it, or do neither (in which case the bill will automatically

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Issues That Cross State Lines: A Look at Condo Legislation Trends

When it comes to legislation and legal issues that apply to condo associations, co-ops, and other multifamily housing models, the focus is often local—city ordinances, council meetings, and so forth – but there are judgments handed down and bills passed

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Don’t estoppel believing: Now it’s a law

After years of unsuccessfully fighting its way through the Legislature, the estoppel bill is now law.  Gov. Rick Scott Tuesday signed the measure (SB 398), which overhauls the legal process of estoppel letters. It goes into effect July 1.  “We

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Realtor group on Legislature: ‘Good session’ for homeowners (NV)

Homeowners generally fared well during the 2017 session of the Nevada Legislature, according to the Nevada Association of Realtors (NVAR).  Among the bills the group cited as beneficial were:    Read the article…………..

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Community Association 2017 Legislative Guide: Part I (FL)

The Florida legislature passed several community association related bills this legislative session that are set to become law on July 1, 2017, unless vetoed by Florida’s Governor Scott. This is the first of a three-part series summarizing those bills.  

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