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Legislative Alert (WA)

The 2017 Washington State legislative session commenced on January 7, 2017 and is in full swing. It’s expected to be another active session involving condominium and homeowner associations. Hearings are already taking place and bills are being introduced, including:   Read

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Bill Introduced to Fund Attainable Housing (CO)

As I mentioned in my blog entry kicking off the 2017 legislative session in Colorado, 8 to 10 bills relating to construction defects and the construction of affordable housing are expected to be introduced this session. In my January 12th

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Residential Storage Condominium Unit Bill Back for Another Round (CO)

Senator Bob Gardner (R) has introduced Senate Bill 17-078 (“SB 78”) to address the taxation of “residential storage condominium units.” If my memory serves me well, this is the third time this bill has been introduced in the Colorado General

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Florida bills target HOA election policies, disputes

Poinciana residents who are in disagreement with their homeowners association are rooting for two Florida house bills that have just been filed.  Amanda Geltz has lived in Poinciana for more than a decade. She’s one of the many residents in

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New “Amateur Radio Parity Act” Bill Introduced in US House of Representatives

H.R. 555 — a new “Amateur Radio Parity Act” bill — has been introduced in the U.S. House of Representatives. The bill’s language is identical to that of the 2015 measure, H.R. 1301, which passed in the House late last

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Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations

On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives and would make significant changes to the Michigan Condominium Act. The bill is a reincarnation of former House Bill 5655 that had failed to

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A Condo Owners’ Bill of Rights Is on the Table

Two state legislators from the Bronx have introduced a Bill of Rights for condominium unit-owners in the state legislature that’s designed to heighten the transparency of condo board operations. The proposed legislation was inspired by a nasty legal battle over

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Construction defects bill would tackle this vexing problem by trying to control insurance rates (CO)

Every year, Colorado legislators pledge to tackle construction defects reform, and every year it doesn’t happen.  Democrats and Republicans swear THIS IS THE YEAR, and there’s a bill with bipartisan sponsorship from state House and Senate leadership that focuses not

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2017 Colorado Legislative Session Promises Focus on Construction Defects

The 2017 legislative session opens today in Colorado! For those of you who are political junkies, following the recent elections, here is what you need to know about the makeup of the Colorado House and Senate:  There are 65 seats

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Pre-Filed South Carolina Legislation Signals Push to Regulate Developers

In 2016, the South Carolina legislature organized a study committee, titled the “South Carolina Committee on Homeowners Associations,” which explored various issues affecting the level of authority that developers have over their own development projects. Various opinions on developer control

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What You Need to Know About the NSW Strata Law Reform

With Australia’s richest man set to sell his strata management business, it appears not all are happy with the 90 changes to strata laws which came into effect in New South Wales on November 30.  Read the article…………..

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HB4919 an affront to consumer rights (MI)

Q: I’m a millennial who just bought a new condominium in Michigan. I’m trying to familiarize myself with current Michigan condo laws, but are there also any current bills before the state Legislature that will affect me?  A: The one

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Community Associations Federal Update and 2017 Preview (CAI)

In 2017, I expect to see the issue of housing finance and the future of Fannie Mae and Freddie Mac to be a topic of conversation for Congress. Since housing was not a major campaign issue, my guess is the

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Colorado legislators believe this could be the year for construction defects reform

Legislative leaders from both sides of the aisle believe this is the year to pass robust construction defects reform in an effort to spur affordable housing development.  Lawmakers outlined their legislative agendas Thursday at a forum hosted by the Denver

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Ontario Government Releases Draft Regulation Under Condominium Management Services Act

After much anticipation, the Ontario Government has just recently released the first draft regulation in support of the implementation of the new Condominium Management Services Act (“CMSA”), which received Royal Assent on December 3, 2015, but has not yet been

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Sarasota senator wants state to bar short-term rental property restrictions (FL)

City and county governments would no longer be able to stop homeowners from renting their homes for less than a month or even just a week, under legislation a Sarasota Republican has filed.  Read the article…………..

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Flag Bill Signed Into Law (OH)

In a flurry of activity at the end of the 2-year cycle for the 131st Ohio General Assembly, Governor Kasich signed 17 bills into law, including HB 18, “The Flag Bill.” After passing the House unanimously in late 2015, the

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Amendments that become effective Jan. 1, 2017 (IL)

2016 was another fertile year for Illinois legislation affecting condominium and common interest community associations. This is the second of two columns that provides a summary of the amendments to the Common Interest Community Association Act and to the Condominium

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New Year Brings New Laws that will Impact California Community Associations

Community association managers, board members and residents living in the nearly 50,000 community associations throughout California will be directly impacted by several new laws when they wake up January 1, 2017.    Read the article………….

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HR3700-affected condo rules in 90-day comment period

New rules on condominiums affected by HR3700 (The Housing Opportunity Through Modernization Act of 2016) that must make them eligible for the Federal Housing Administration insurance are now in the 90-day comment period, according to Mortgage News Daily.    Read

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New Zealand: Government reviews Unit Titles Act to tighten apartment rules

The Government has released a discussion document of reforms to better protect the growing number of apartment and townhouse dwellers.  Bodies corporate and property professionals have been calling for a review of the Unit Titles Act 2010 after striking difficulties

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Senator Hembree pre-files bill to regulate SC Homeowners Associations

South Carolina Senator, Greg Hembree, pre-filed a bill to require more regulation of Homeowners Associations in the state.  Hembree said he’s received complaints about a lack of education for HOA board members as well as huge fees to take HOA

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Recent Changes to the Florida Statutes Governing Homeowners Associations

Does your homeowners association require nominations from the floor for an election to the board of directors? Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to forego accepting nominations from the floor during

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FHA Condo Certification Rule Awaits Review by Trump Administration

The Federal Housing Administration (FHA) recently issued its long-awaited proposed rule regarding standards for condominiums in which individual unit owners are eligible to obtain FHA-insured loans. However, final action awaits review by new housing agency officials in the Trump Administration.

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New Sales Tax Legislation Affects Property Owners Associations

A recent North Carolina Sales Tax law has a direct impact on the budget of just about every property owners association.On July 1, the state legislature passed House Bill 1030 – Current Operations and Capital Improvements Appropriations Act of 2016,

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Changes coming in law for condo associations (IL)

2016 was another fertile year for Illinois legislation affecting condominium and common interest community associations. This is the first of two columns that provides a summary of the amendments to the Common Interest Community Association Act and to the Condominium

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CA: New year and new HOA laws ahead

2016 was a relatively quiet year for HOAs in Sacramento, with only three bills passing to become law in 2017, and another law taking effect in 2017 from a 2014 bill. Another significant new HOA law actually came from the

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IL Appellate Court Determines Extent of Immunity For Associations & Managers Under IL Illinois Snow and Ice Removal Act

On December 1, 2016, the Illinois Supreme Court held that the Illinois Snow and Ice Removal Act (the “Act”), which provides immunity and limits liability for negligent removal of naturally accumulated snow and ice, does not apply to limit liability

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Ohio moves to protect flag-flying rights

The Ohio Senate approved legislation Tuesday that would ensure residents of manufactured home parks, condos and certain other neighborhoods can fly U.S., state and military service flags.  HB 18 passed on the unanimous vote and awaits concurrence by the Ohio

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Panel OK’s Bill to Establish Election Standards for Homeowners’ Associations (NJ)

An Assembly panel cleared legislation sponsored by Assemblymen Bob Andrzejczak and Bruce Land (D-Cape May, Atlantic, and Cumberland) to establish a set of standards for elections and the recall of officers who serve on the board of homeowners’ associations.  “Homeowner’s

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Kean Bill Regarding Conflicts of Interest Clears Committee (NJ)

The measure prohibits an officer or board member from acting in an official capacity in any matter in which they, an immediate family member, or a business organization has more than a 5 percent interest or that have a direct

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AB 2362 – Why You Should Use a Licensed Pest Control Operator (CA)

Beginning January 1, 2017, a common interest development association or its authorized agent must provide notice to an owner and any tenant if a pesticide is to be applied to a separate interest or common area without using a licensed

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New FHA Owner Occupancy Requirements Could Benefit Some Condo Communities

A few months ago we informed you that both houses of Congress voted unanimously to pass the Housing Opportunity Through Modernization Act (HOTMA) which, in part, required FHA to lower the required percentage of owner occupied units in condominiums from

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Legislature May Address HOA Foreclosure Issues in Upcoming Session (TX)

The Texas Legislature may make another run in the 2017 session at curbing the powers of homeowner associations. The likely focus: restricting the ability of associations to hit homeowners who commit even minor violations of community rules with attorney fees

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Online petition raises questions about Lake of the Ozarks residential rental properties (MO)

A petition against proposed legislation taxing residential rental properties in the Lake of the Ozarks area has raised some concerns for those who own properties there. KRCG 13 spoke to lawmakers Wednesday to clear up the issue.  The petition has

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Hold On A Minute! About Those New Overtime Rules…

On Tuesday, November 22, a federal court judge in Texas issued an injunction blocking implementation of the Obama administration’s new overtime rules. The rules were set to go into effect on December 1, 2016, but are now on hold indefinitely.

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SB 918 – You Want Notice Where?

One of the more interesting bills that came out of a relatively quiet year from a legislative standpoint for California’s community associations is SB 918. This law, which goes into effect on January 1, 2017, does two main things:  One,

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How Should Vacation Rentals Be Taxed? Missouri Lawmakers Hear From Stakeholders

The explosive growth and expansion of transient guest nightly rentals at the Lake has been good for homeowners and vacationers. Some families are opting to rent a home on the lake, where they can enjoy a kitchen and multiple living

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Will Community Associations Get Trumped?

The election of Donald Trump as the President of the United States ushers in uncertainty for a variety of federal housing policies which affect the financing and governance of homes in community associations–condominiums, homeowner associations and housing cooperatives. During the

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The Florida Medical Marijuana Law and Your Community Association – What You Need to Prepare For

On November 8, 2016, Florida voters passed Amendment 2, which will become effective January 2017. The Amendment allows the medical use of marijuana for persons with debilitating medical conditions, including HIV, Alzheimer’s disease, cancer, seizures, multiple sclerosis, and other conditions,

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Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions (FL)

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review whether they

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Albuquerque realtors look to cap processing fee statewide (NM)

An unexpected fee has been hitting homeowners looking to sell their homes, and it’s not cheap. It’s something the city of Albuquerque has cracked down on.  It’s often called a processing fee, charged by homeowners associations to get a document

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Governor Tom Wolf Signs Senate Bill 1282: Legislation Ends Practice of Per Parcel Recording Fees

The Governor signed the Bill on Friday, November 4, 2016, bringing a conclusion to a five year effort by CAI PA LAC to put an end to the recording fee scheme adopted by over a third of Pennsylvania’s counties. Act

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Band of citizens call into question HOA management group banking practices (AZ)

A group of Scottsdale residents are spearheading an effort to evoke legislative change meant to corral the powers of management companies hired by local homeowners associations statewide.  A group of Arizona citizens are gathering at the capitol every month trying

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FHA pulls housing head fake on condo communities

Call it a housing policy head fake — one with potentially painful consequences for moderate-income buyers, sellers and seniors in hundreds of condominium projects around the country. If you were thinking about purchasing a condo unit with a low-down-payment Federal

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Changes to the PA Uniform Planned Communities Act and the Uniform Condominium Act.

Governor Wolf recently signed into law House Bill No. 1340 of 2015 which amends both the Uniform Planned Communities Act and Uniform Condominium Act. The two statutes are complementary and have substantially similar provisions. The current bill makes the same

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New Arizona Law Could Affect Homeowner Associations

Governor Ducey signed SB1350 on June 12, 2016, and it becomes effective January 1, 2017. The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and short-term rentals, with certain specified

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Proposed Amendment to the MI Condo Act: House Bill 5980 would require mediation of disputes prior to initiating litigation

Michigan House Bill 5980 was introduced on October 19, 2016. House Bill 5980 would amend MCL 559.154, Section 54 of the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation

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2017 Legal Update for Homeowners Associations (FL)

INTRODUCTION: In the 2016 Legislative Session, 44 Bills which related to Community Association operations in Florida were brought before various Committees. However, the Legislature abruptly adjourned at 7 p.m. on Friday, March 11, 2016, most of the community association legislation

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