A Garden City area legislator is trying to make it easier to build an accessory dwelling unit on your property, but the proposal met some early skepticism at the statehouse. Read the article………………………..
Bill aiming to hold HOAs, metro districts accountable has first committee hearing (CO)
Thursday marked the first committee hearing for a bill introduced earlier this year, aiming to create two task forces that would study the practices of HOAs and metro districts in Colorado in hopes of keeping them accountable, following years of complaints and allegations of questionable practices. Read the article………………………..
Legislative Trend: Amending Discriminatory Covenants
Twenty two states adopted policies to address the removal of discriminatory or restrictive covenants in deeds and/or associations. In 2023, nine states introduced legislation that would allow community associations to remove discriminatory or restrictive covenants. CAI supports legislative language that allows a simplified process for association boards to amend discriminatory covenants nationwide. Read the article………………………..
Washington Senate backs reduction in building requirements for smaller condo projects in bid to lower costs
Condominiums with fewer than 12 units and fewer than three stories would be exempt from certain requirements prior to construction if a bipartisan bill passes in the state Legislature this session. Read the article………………………..
HOA restrictions do have an expiration date (FL)
Recently, we have had a few inquiries about homeowners’ association (HOA) covenants and restrictions. In one case, the HOA was over 30 years old, and the director was unaware of the requirements under the Florida Marketable Record Titles Act (MRTA) to reaffirm and renew their covenant and restrictions. Read the article………………………..
Utah bill passes restricting registered sex offenders at HOA pools, parks, playgrounds
Nearly a month into the 2023 legislative session, Utah lawmakers approved a bill that tackles an issue raised by 2News Investigates into registered sex offenders and areas they can and cannot enter. Read the article………………………..
Arizona lawmakers move to allow more backyard chickens (but not in condo’s/HOAs)
State lawmakers are trying to make sure you have that opportunity — but only if you live in a single-family detached home — and one that isn’t located in a homeowner association. Read the article………………………..
Bill Would Require Co-op Boards to Give Reasons for Rejecting Buyers (NY)
Ideas don’t get much more evergreen than this perennial staple: a new bill before the New York City Council would strip co-op boards of one of their most cherished powers — the freedom to reject potential buyers for “any reason or no reason” — and would instead require them to spell out in writing their […]
How HB 22-1137 Changed the Face of Covenant Enforcement in Colorado Common Interest Communities
Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022. Read the article………………………..
HB 1137 – How It Changed Covenant Enforcement and Collection Policies (CO)
In the 2022 legislative session, the Colorado Legislature made significant changes to the way homeowner associations are governed. One bill in particular, HB22-1137, added a number of new requirements for associations with a focus on covenant enforcement and collection procedures. As some of the requirements may be confusing, below is a simplified cheat sheet that […]
Final Word on Senate Bill 61 (OH)
Recently, our firm has posted a few blogs explaining the Senate Bill 61 (“S.B. 61”) and its impact on condominium and homeowner associations. Those posts, we felt, encompassed what boards and managers needed to know regarding the effects of S.B. 61 to their associations. Read the article………………………..
Bill bans HOAs from requiring lush, green lawns (UT)
Tucked into a bill on condominiums and homeowners associations is a provision cracking down on lush, green lawns. Read the article………………………..
Bill Seeks to Push Local Law 97 Fines Back by 7 Years (NY)
Vickie Paladino, a Republican who represents northeastern Queens on the New York City Council, has introduced a bill that seeks to push next year’s fines under Local Law 97 back by seven years. Beginning in 2024, buildings that fail to reduce their carbon emissions to prescribed levels are scheduled to face stiff fines. The carbon […]
State legislators respond to condo insurance crisis from wildfire risk (CA)
Walt Mooromsky is one of 240 condo owners in the Canyon Park Villas in Mira Mesa, who recently had their property insurance not renewed by Farmers Insurance due to wildfire risk. Read the article………………………..
Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been completed. Read the article………………………..
Senate panel calls for more clarity, time on Surfside-inspired condo inspection law (FL)
Members of the Senate Committee on Regulated Industries are fielding recommendations from a panel of experts on how to improve new Surfside-inspired regulations for condominium inspections and maintenance set to go into effect next year. Read the article………………………..
Industry group seeks more time on Surfside-inspired condo inspection law (FL)
A Surfside-inspired law imposing stricter inspection and funding guidelines for condominiums won’t go into effect for almost another two years, but that’s not long enough for many associations to comply, according to an industry group seeking more time. Read the article………………………..
Senate committee approves bill limiting sex offenders at pools, parks and playgrounds (UT)
The bill would restrict sex offenders from entering a pool, park, or playground owned by a homeowners’ association or other private entity. Read the article………………………..
HOUSE BILL 076 — HOMEOWNER’S ASSOCIATIONS, FARMING (ID Proposed)
Bill Description: House Bill 76 would protect property rights by preventing HOAs from restricting certain agricultural practices more severely than state law and local ordinances do. Read the article………………………..
House Bill Filed to End Residential Solar Power Bans OK
A bill was filed prior to the start of the Oklahoma legislative session to end housing restrictions against residential solar power projects. Ardmore Rep. Tammy Townley filed House Bill 1023 which provides that an owners association, such as an HOA, may not prohibit the installation of solar energy systems. Read the article………………………..
MORE FROM CAPITOL HILL (CO)
Earlier this week, two new bills were introduced into the State House for consideration that are directly aimed at Homeowners’ Associations. Read the article………………………..
Recent Amendments to The Michigan Marketable Record Title Act and How to Avoid the Extinguishment of Restrictive Covenants (MI)
Michigan’s Marketable Record Title Act, MCL 565.101, et seq., has been around since 1945, yet many homeowners associations are unaware of the Michigan Marketable Record Title Act and its potentially devastating impact on their communities. This article will provide a brief background on the Michigan Marketable Record Title Act and its 2018 amendment that opened […]
CLAC Update 2023 (CO)
The 2023 Colorado legislative session is fast approaching, and the CAI Colorado Legislative Action Committee (LAC) team is already preparing to ensure that we are working with our membership to protect the interests of community associations in our state. To that end, the LAC has engaged a new lobbying team. Taylor Hickerson with Policy Matters […]
How HB 22-1137 Changed the Face of Covenant Enforcement in Colorado Common Interest Communities
Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022 Read the article………………………..
House Bill 1795 Comes Alive! (PA)
House Bill 1795 becomes effective May 2, 2023. It has made changes and additions to Pennsylvania laws regarding community associations. Read the article………………………..
Bill aimed to prevent limitations on home daycares passes state House (WA)
The sponsor of HB-1199, Representative Tana Senn, said Washington is in a childcare crisis, with not enough options for families. That is why she was concerned when she spoke to around 90 daycare providers in the state who are either getting fined by their homeowners’ associations or are being threatened with eviction for running daycares […]
Legislation Regarding Structural Integrity and Condo Safety
On June 24th of 2021, the industry awoke to the tragic news of Surfside. In the immediate months following, Community Associations Institute (CAI), various industry leaders and state legislators came together to discuss solutions, and eventual legislation that would help avert similar tragedies in the future. In May of 2022, Senate Bill 4-D: building safety, […]
2023 Davis-Stirling Act (CA)
……the 2023 Davis-Stirling Common Interest Development Act into an easily searchable, fully bookmarked PDF for your reference. Read the article………………………..
Assembly Bill 1410 Legislative Update (CA)
Governor Newsom signed Assembly Bill (AB) 1410 on September 30, 2022, which took effect on January 1, 2023. Adding to existing law prohibiting community associations from restricting the free speech rights of members or residents, the bill prohibits associations from: Read the article………………………..
Homeowner Associations, Reasonableness Of Fees: $132,070.40 Fee Award To Defendant Homeowners Was Affirmed On Appeal (CA)
Plaintiffs Pled CC&Rs As A Basis For Nuisance Claim, So There Was Fee Entitlement Under Civil Code Section 1717, CCP Section 1021, And Civil Code Section 5975, With The Fee Award Being Reasonable After A Minor Haircut By The Trial Judge. Read the article………………………..
How to Mitigate the Impact of Short-Term Rentals in Your HOA Community (CA)
A new Civil Code Section 4739 says that the HOA may not prohibit owners who live in their residences from renting a room to a tenant, although the HOA can limit the term of the rental to a period of 30 days or less. Read the article………………………..
2023 State Legislative Update: Condominium Safety Legislation
CAI’s Government and Public Affairs team announced the community association industry 2023 legislative and policy priorities in December 2022. Condominium safety issues including reserve studies and funding, building inspections and maintenance, and repair funding topped the list of industry issues anticipated at the state level in the United States. Read the article………………………..
Connecticut homeowner associations can no longer block solar installations
The provision was added to the 35-page Connecticut Clean Air Act before it was approved by lawmakers last session. Associations may still adopt rules on the size and placement of solar installations. Read the article………………………..
Homeowners Association Notices Now Due (WI)
Attention all homeowners’ and large condominium associations; be sure to review the recently adopted Wis. Stat. §182.01(7) and §710.18, regarding regulation and notice filing requirements for residential lot homeowners’ associations, and Wis. Stat. §703.20(1r) requiring large condominium associations to maintain a website for the condominium association, Read the article………………………..
State lawmaker acts in wake of investigation that uncovered gaping hole in Utah law
A state lawmaker is acting in the wake of a 2News Investigation that uncovered a gaping hole in Utah law when it comes to sex offenders and homeowners’ associations. Read the article………………………..
State Bill Aims at Outlawing HOAs From Banning Section 8 Renters (TX)
A bill filed in the state legislature is taking aim at an embattled North Texas homeowner’s association. Providence Village in Denton County came under fire last summer when it all but banned Section 8 renters in its HOA. Read the article………………………..
Sound the Alarm: New Illinois Law Requires 10-Year Battery Smoke Alarms to Be Installed in Homes
In 2017, the Illinois General Assembly passed Public Act 100-0200 to update the Illinois Smoke Detector Act. Public Act 100-0200 requires all Illinois single and multi-family homes to have a smoke alarm with a sealed 10-year battery by January 1, 2023. The legislator provided several exceptions to this law—please review to see if your community […]
Hawaii Lawmakers Considering HOA Ombudsman Program
A bill implementing an ombudsman program for community associations is slated to be introduced in the Hawaii legislature this month. The proposal seeks to establish a third-party watchdog to help settle disputes between associations and their residents, according to published reports about the legislation. Read the article………………………..
Providence Village HOA’s Section 8 ban would be illegal if Texas bill passes
A bill introduced in the Texas House last week would prohibit homeowners associations from restricting what forms of payment landlords can accept, including Section 8 Housing Choice Voucher payments. Read the article………………………..
NEW LAWS EFFECTIVE JANUARY 2023 and OTHER RECENT CHANGES IN THE LAW IMPACTING COMMUNITY/HOMEOWNERS ASSOCIATIONS (CA)
As it does just about every year, the California Legislature has made changes to the law impacting community association’s statewide. This article covers those changes effective January 1, 2023 and other recent changes in the law that are worthy of being mentioned, as they may apply to your California community association. We have included examples […]
Michigan Passes Law Allowing Owners And HOAs To Remove Discriminatory Restrictions From Deeds And Other Recorded Documents
A new Michigan law went into effect on December 13, 2022 called the Discharge of Prohibited Restrictive Covenants Act (“Act”). This Act gives Michigan property owners and Michigan community associations a new and easy way to affirmatively remove discriminatory restrictions from deeds and other recorded documents. If a restriction is found in recorded community association […]
New Legislation Needed for Required Maintenance Affecting Condominium Building Structural Integrity and Safety (FL)
As to the title of this article, anyone familiar with Senate Bill 4-D and the newly required milestone inspection reports and structural integrity reserve studies primarily applicable to condominium and cooperative buildings three stories and higher knows that material alterations, special assessments, and the authority to borrow funds are not mentioned in the legislation. So […]
How Will Florida Condo Safety Law Impact Housing?
In May of last year, the Florida legislature passed and Governor Ron DiSantis signed, Senate Bill 4D, An Act Relating to Building Safety to address issues related to the collapse. However well intentioned, local Home Owners Associations and building managers are just now beginning to grapple with the massive implications of the new law. Read […]
Court Rules HOA’s Restrictive Covenants Prohibit Short-Term Rentals Even Though Leasing Was Allowed (MI)
HOA short-term rental restrictions continue to remain a hot button issue for municipalities, property owners, and homeowners associations in Michigan. During the 2021-2022 legislative session, numerous short-term rental bills, specifically HB 4722, HB 4985, HB 5465, HB 5466, HB 5605, SB 446, and SB 547, were introduced in the Michigan legislature that attempted to define […]
New Law Impacts Illinois Condo Association Document Requests, Deadlines, and Fees (IL)
A new Illinois law went into effect on January 1st, 2023 that impacts the required disclosures for a sale in a condominium association. Along with a brief explanation of the applicable law, this article will provide board members and management with a summary of the 2023 update including legal requirements, fee limitations, and deadlines. Read […]
Covenant Enforcement in the HB-1137 World (CO)
Winter is a great time to review your association’s governing documents including your declaration and rules and regulations to ensure your association is moving forward in a positive direction. Specifically, you want to make sure that your governing documents match up to how the Board and the community see the Association moving into the future. […]
Live in an HOA? The Idaho legislature quietly created a new HOA act: here’s what’s included
The Idaho Legislature quietly revamped the state’s laws relating to homeowner’s associations this session. Read the article………………………..
88th Texas Legislative Session Bills Filed So Far
The 88th Texas Legislative Session has unofficially started with bills that potentially affect property owners associations (POAs) already being filed. Before the session kicks into high gear later this month, let’s look at what has been filed thus far. The bills discussed below were filed prior to December 13, 2022. Read the article………………………..
The Texas Property Code Chapters That Community Managers and Board Members Need to Know (TX)
The POA industry is filled with policies, rules and regulations. As self-governing entities, POAs adopt governing documents, bylaws and more that outline the expectations for all residents. But it is not just the residents that have to follow rules and regulations. The majority of the rules and regulations POAs are required to follow are set […]