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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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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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