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HOA Homefront: What Sacramento did for (or is it to?) HOAs in 2017 (Part 2)

Last week’s column addressed three bills recently passed into law by Gov. Jerry Brown and the California Assembly: Senate bill 2, Assembly bill 534 and AB 1412. Today’s column will tackle three other significant bills, SB 407, AB 634, and

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What’s New in Washington, D.C.

The news continues to keep us up-to-date on what’s happening here in Washington, D.C.; including scandals, Tweets, and the latest contention between the Democrats and Republicans. The one popular issue making headlines that directly impacts the community association housing model

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New Legal Remedies Against Director Conflicts of Interest for Associations (FL)

In the pursuit of association fraud and embezzlement, one of the most important aspects of the major legislation that was adopted earlier this year is the law’s effort to curb conflicts of interest by association board members and officers.  The

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HOA Homefront: What Sacramento did for HOAs in 2017 – Part 1

The California Legislature was quite active this year in creating laws affecting homeowners associations, as six bills take effect in 2018. This column will address three and next week’s column will address the other three.    Read the article……………..

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Proposed DPH Pest Control Requirements Are Confusing, Costly and Burdensome for Condos (MA)

Anyone who tracks legislation and regulations affecting condominiums has to wonder if lawmakers and regulators understand what condos are and how they operate. Proposed revisions to the state Sanitary Code demonstrate once again that they do not.  The Department of

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Flap over Woodbury Junction homeowners association dues (NY)

Frustrated residents of the partly built Woodbury Junction development now have a new state law to address one longstanding concern: their inability to get either the original developer or the one who took over the 451-home project to detail where

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2018 Maryland Legislative Hot Topics

2018 marks the last Maryland legislative session before statewide elections in November. With the entire General Assembly and Governor up for election, the legislature is expected to focus on many bills previously considered but not enacted.  For community associations, the

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Short Term Rentals Coming Soon to Montgomery County, Maryland

Short term rentals will soon be allowed in all residential areas of Montgomery County, Maryland. A home rented on a daily or weekly basis is often referred to as an AirBnb–which is the dominant online booking web site for short

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HOA law loophole leaves some homeowners powerless (TX)

The builder of both neighborhoods, Lennar, controls the HOAs. Both developments have been under construction since 2006. That’s because the way state law is currently written, there is no limit to “the development period,” which is essentially how long a

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Is your Resale Certificate up-to-date? (VA)

If there is one thing we seem to be able to count on from the Virginia General Assembly, its frequent amendments to the statutes regarding association resale certificates and 2017 was no exception.  Under the “News You Can Use” section

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New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known

Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No.

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Short-Term Rentals in Flagler County: The View From Home Owners’ Associations (FL)

Two weeks ago the Florida Senate Community Affairs Committee met in workshop to discuss short-term rentals across Florida, an issue that has bedeviled Flagler County since county government in 2013 and 2014 successfully led the way to a new state

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Creating a state homeowners association czar is a bad idea (SC)

Last May, as the 2017 legislative session in Columbia drew to a close, a bill that had been passed by the House, designated H. 3886 and titled the South Carolina Homeowners Association Act, was put on the Senate calendar for

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Unit owners can’t use records for solicitations (IL)

Q. I recently read about a change in Section 19 of the Condominium Property Act concerning books and records of an association. I understand owners will no longer have to state a “proper purpose” to examine and inspect certain books

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Electronic Signatures Can Now Be Used to Amend Restrictive Covenants (MI)

The legislative history of MCL 450.835a demonstrates that Michigan House Bill 5591 (2016) was originally introduced to deal with an extremely large Michigan Homeowners Association that was having difficultly amending its documents. The Lakes of North Association in Northern Michigan

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AB 634 Signed! Reduced HOA Control of Solar Energy System Installations (CA)

The Governor has signed AB 634 into law changing HOA control over solar energy system (“Solar”) installations. HOAs may no longer adopt policies and guidelines that prohibit Solar installations on common area roofs protecting HOA property and homes from damage

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Ham Radio Legislative Activity In The U.S. Senate

Last week, The U.S. Senate Commerce Committee was scheduled to mark-up S 1534 The Amateur Radio Parity Act (a.k.a. HAM radio legislation) when it was withdrawn from the docket. Florida Senator Bill Nelson and Hawaii Senator Brian Schatz cosponsored and

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Can Your Community Association Stop Bullying and Harassment in Their Tracks? (FL)

Bullying in any form cannot be condoned either in schools, workplaces or communities. While a newly filed bill by Rep. Emily Slosberg (HB 123) has the laudable goal of protecting Florida’s senior citizens from being bullied, just how feasible is

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New Florida HOA Laws: Board Member Term Limits

Among the major changes to Florida’s condominium laws in 2017 is a new provision mandating term limits for board members. The new legislation marks a significant departure from the past policies for most associations pertaining to the tenures of their

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Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption (FL)

The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or seeming incompatibility between one’s private

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Summary of new laws affecting associations- Part 3 of 3 (IL)

This is the final installment in a three-part series.  On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium

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Political Rallies in the Clubhouse? SB 407 is Now Law (CA)

SB 407 is somewhat mind-boggling, both in terms of what it requires of associations and the breadth of governmental intrusion into private property principles. The full text of the law is available on California’s Legislative Information website.  Read the article……………..

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New Maryland Laws Governing Condominiums and HOAs

Beginning on October 1, 2017, several new laws will go into effect in Maryland governing condominiums and homeowners associations (“HOA”). With so much of new residential real estate being developed as part of an HOA or a condominium regime, these

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New Board Member Term Limits Law has Significant Impact for Florida Condo Associations

Among the major changes to Florida’s condominium laws in 2017 is a new provision mandating term limits for board members. The new legislation marks a significant departure from the past policies for most associations pertaining to the tenures of their

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New law affects how associations run (IL)

This is part 1 of a 3-part series on a new law affecting associations.  On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Illinois Common Interest Community

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More new laws that affect local HOAs (NV)

This is the second column in a three-part series about the recent state laws that will affect Southern Nevada homeowners associations.  These laws were passed during the 2017 legislative session and will have an impact on our HOAs.     Read

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Governor Brown Signs CLAC-sponsored Assembly Bill 1412 (CA)

Governor Jerry Brown signed into law this week Assembly Bill 1412, legislation sponsored by the California Associations Institute’s California Legislative Action Committee (CAI-CLAC) and authored by Assemblyman Steven Choi (R-68th District) that provides important liability protections for volunteer directors of

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Robert Bumgarner: Restoring free speech rights to homeowner association members (CA)

If you live in a community that’s managed by a homeowner association, you know that they often stifle the free speech rights of individual owners.  That’s because First Amendment constitutional speech protections apply to governmental restrictions on free speech, not

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MCIOA Amendments Change Construction Defect Claims Process (MN)

You have likely heard about the Minnesota Common Interest Ownership Act (MCIOA) amendments for some time — legislation, H.F. 1538, which was recently signed into law by Governor Dayton. These changes add language to the MCIOA concerning construction defect claims.

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Connecticut Laws on Service Dogs and Emotional Support Animals

Under the federal Americans with Disabilities Act (ADA) and Connecticut’s public accommodations law, people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other places that are open to the public.

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Several new laws affect local HOA boards (NV)

This is the first in a three-part series that covers new laws affecting Southern Nevada homeowners associations.  It’s that time of year again to review the new Nevada Revised Statutes 116 laws that impact our associations. There will be a

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How Condo Law Change Will Impact New Development (MN)

Newsflash Minnesotans: our state laws governing condominiums and townhomes changed at the conclusion of the 2017 legislative session. For a business litigator who emphasizes a significant portion of her practice representing real estate developers in complex business disputes, I’ve been

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American flag fight prompts new legislation (MA)

Two state lawmakers from Massachusetts have filed legislation to protect the rights of condo owners to fly the American flag after a 25 Investigates report in July.  Condo owner Liz Heller first contacted 25 Investigates after receiving a $60 fine

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New Amendments to the Illinois Condominium Property Act and Illinois Common Interest Community Association Act

Legislation that will take effect on January 1, 2018 will impose new obligations on Illinois condominium associations, including a requirement that every association maintain an official unit owner list that includes every unit owner’s phone number and email address. The

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SB 407 Signed! Legislation Broadens Assembly and Speech Rights within HOAs (CA)

New Civil Code 4515 will be added to the Davis-Stirling Act to ensure that homeowners association residents may exercise their rights of peaceful assembly and political speech.  HOAs are playing an increasing role in the lives of California’s residents as

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HOA residents’ political speech rights get state protections (CA)

Legislation to protect the political speech rights of residents living in one of California’s more than 52,000 common interest developments (commonly called homeowners associations or HOAs) is now the law in California.  “For too long homeowner association boards have infringed

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How a New Law Affecting Condo Associations Could Mean Brisk Business for Web Designers (FL)

Website developer Todd Paton knows it will likely be months before his new target market seeks him out, or even begins to pay attention to his pitches.  Yet, Paton and his colleague Dhiren Chauhan are busy building a platform to

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Condo law changes, coming soon, ease things for owners (IL)

Q: I am on the board of a self-managed condominium association and understand there is pending legislation that proposes to amend many different sections of the Illinois Condominium Property Act. What is the status of this legislation and will you

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A Board of Trustees May Now Amend the By-Laws Without a Vote of the Unit Owners (NJ)

On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). PREDFDA governs homeowners associations, condominium associations, and co-ops.  The new PREDFDA provisions apply to trustee elections and certain

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New By-Laws Amendment Procedures Mandated by PREDFDA (NJ)

On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While the new law was created in reaction to litigation involving a community called the Radburn Association, which

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FHA Extends Condo Rules for Reverse Mortgages, Other Loans

The Federal Housing Administration this week extended its current rules regarding condominium lending as it continues to work on permanent updates.  In a new mortgagee letter, the FHA implemented an open-ended extension of the existing condominium rules as laid out

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Changes to the Common Interest Community Association Act and the Illinois Condominium Property Act

On August 24, 2017, Governor Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium Property Act. The new law will become effective January

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Pool Contractor’s Ability to Work on Pool Electrical Wiring in FL

On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a Certified Pool/Spa Contractor (“CPC”) for replacing existing pool light

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State Community Association Laws – Are they Uniform?

Per the Uniform Law Commission’s web site, the Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability

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Debit Card Provision Uncertainties Answered (FL)

The outcome of this year’s legislative session evoked a lot of confusion from property managers and boards of directors serving the community association industry. As a result, we have received a lot of requests from our readership asking for clarification

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CAI-CLAC Strongly Opposes Two State Bills that Threaten Financial Well-Being, Local Control of Millions of California Homeowners

The California Associations Institute’s California Legislative Action Committee (CAI-CLAC) is urging residents living in more than 50,000 common interest developments throughout the state to contact their elected representatives and urge them to vote no on Senate Bill 2 and Assembly

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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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