Other New Condo Laws to Know – Part Three (FL)

On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the […]

Florida senate bill 4-D part II

Last month we looked at the requirements for Mandatory Milestone Structural Inspections for condominium and cooperative buildings that are three (3) stories or more in height before 12/31/24 under Florida Senate Bill 4-D approved in a special session of the Florida Legislature this year in response to the Surfside hi-rise collapse in Miami last year.  […]

SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART TWO (FL)

DISTRIBUTION OF THE INSPECTION REPORTS – Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless […]

Deadline Approaching for Community Association Anti-Discrimination Review (OR)

As the end of the year fast approaches, community associations should ensure compliance with the new requirements in HB 2534 to remove discriminatory provisions from governing documents. The deadline for compliance is December 31, 2022. The requirement, adopted in House Bill 2534 in the 2021 legislative session, includes specific anti-discrimination laws and requires communities to […]

Can Your HOA Prohibit Short Term Rentals in Arizona?

As the popularity of short term rentals continues to grow, it is important for associations and planned communities to stay up to date on Arizona short term rental laws and how they apply to HOAs. We put together this article as an update to our previous post on some of the most common questions we […]

Texas 2021 Legislative Changes – What You Need to Know

Whether you are a board member or a resident, it is important to keep up with the legislative changes that may impact how your association can be governed. Several changes were made to the Texas Property Code in 2021 that impact what property use restrictions an association can adopt or enforce. To make these changes […]

City readies rules for new townhome developments (GA)

Townhouses – defined as blocks of three or more attached homes that share a side wall between each two but have separate entrances – have suddenly become popular with Statesboro developers as a way to create more family-style housing in less space.   Read the article………………………..

DBPR Increases Association Estoppel Certificate Fees (FL)

The Florida Department of Business and Professional Regulation (DBPR) released the first five-year adjustment to Estoppel Certificate Fees permitted under Section 718.116(8)(f), Florida Statutes, of the Condominium Act and Section 720.30851(6), Florida Statutes, of the Homeowners’ Association Act for the maximum amount an association, or its authorized agent, may charge for preparation and delivery of […]

SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART ONE (FL)

We all know by now the myriad of new safety laws condos that are 3 stories or more are required to follow. They include mandatory fire sprinklers or an engineered life safety system (for buildings 75 feet or higher only), a Phase One Milestone Inspection after 30 years and every ten years thereafter (25 years […]

What are Federal HOA Laws and How Do They Impact Arizona HOAs?

Arizona has many state specific laws for planned communities and condominiums, but there are several overriding federal laws that apply to all HOAs. All HOA board members and individual property owners should understand the federal HOA laws that apply to their association and how they impact operations in Arizona HOAs.   Read the article………………………..

Condo Column: An update on NH legislative action

Last February I wrote a column noting a pending condominium bill in the New Hampshire Legislature and the potential dangers if it passed. Here’s a link to the article. To refresh, the pending legislation would have required all disputes to be resolved in favor of the owner. So, a condo association would not have been […]

HOA Bans on BLM, Thin Blue Line Flags About to Be History (CO)

On June 1, the Colorado Senate followed the House’s lead and passed a bill that would prevent homeowners’ associations in the state from banning a wide variety of signage on private property, including Black Lives Matter and Thin Blue Line flags. If Governor Jared Polis signs the legislation, as expected, the measure will become Colorado […]

All Condos and HOAs Are Now Be Required To Undertake Regular Reserve Studies (MD)

As previously reported, during the 2022 legislative session, the Maryland General Assembly passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. The Governor did not sign the bill, but it became law under Art. II, Sec. 17(c) of the Maryland Constitution, which provides that […]

New structural safety laws create questions (FL)

Q: I have heard that there will be efforts to change the new condominium law about inspections and reserves. Can you shed any light on what the proposals might be and their chances of passing?   Read the Q&A……………………………….

CAI Celebrates Legislative Victory for Alaska HOAs

After a decade of hard work by CAI members in Alaska, a new state law will establish a streamlined method for community associations to obtain lienholder approval so they may amend their governing documents and take advantage of the protections, flexibility, and guidance of the Uniform Common Interest Ownership Act (UCIOA), as well as the […]

New Federal Proposal Would Help Condos Finance Critical Repairs

This week, Reps. Charlie Crist (D-Fla.) and Debbie Wasserman Schultz (D-Fla.) introduced H.R. 8304, the Rapid Financing for Critical Condo Repairs Act of 2022, legislation that allows the U.S. Department of Housing and Urban Development’s Federal Housing Administration to insure condominium association building rehabilitation loans made by private lenders.   Read the article……………………………

Update On Residency Requirements To Serve On A Condo Board In Illinois

The Illinois legislature has amended the Illinois Condominium Property Act (the “Act”) and while not mandatory, it allows Boards of Directors to implement policies on how Boards can be composed. Pursuant to Section 18(a)(1) of the Act, the change now allows condominium boards to require that the majority of the condominium board be made up […]

Can an HOA Deny You Solar Panels?

Homeowners associations’ power to stop you from going solar is weakening, but not everywhere.  Read the article……………………………

Installation and Use of Solar Power Systems in North Carolina

If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so. But, can an HOA regulate and prohibit the installation and use of a residential solar power system upon private residential […]

Colorado New HOA Laws: How Will This Impact HOAs?

In Colorado, new HOA laws were recently passed. These new laws will significantly affect how homeowners associations in the state operate. As such, every HOA board should make an effort to familiarize themselves with these laws.   Read the article…………………..

City of Chicago Adopts New “Cooling Ordinance”: What Do Chicago Community Associations Need to Know? (IL)

On June 22, 2022, the City of Chicago adopted a new ordinance commonly referred to as the “Cooling Ordinance”. The Cooling Ordinance modifies the cooling requirements for certain residential buildings, which does include condominium and community associations as well as residential cooperative high-rises that meet the building criteria   Read the article……………………………

Florida’s Condominium and Structural Safety Law – 2022 Legislative Update

After failing to pass legislation during the 2022 regular legislative session in response to the Champlain Tower tragedy, Florida’s legislature used an emergency legislative session intended to address Florida’s insurance crisis to pass building safety legislation for condominiums and cooperatives. House Bill 5D passed the Senate 38-0, and the House 110-0. Governor DeSantis signed the […]

Praise for Condo Inspection Laws, Fear of Timelines (FL)

The high-rise condos that dot the 47 miles of shoreline of Palm Beach County still stand tall overlooking the Atlantic Ocean and are a symbol of South Florida’s allure, but just how safe are they?   Read the entire article……………………………….

NC Community Association Legislative Update – June 21, 2022

Due to other more pressing issues, several important bills impacting community associations were not addressed by the General Assembly in 2021. Those proposals have seen quick action this week, been adopted, and sent to the Governor for signature.   Read the entire article……………………………….

New Arizona HOA flag law is ripe for a constitutional challenge

Earlier this month, Gov. Doug Ducey signed a bill into law that would force HOAs to allow residents to fly flags that support law enforcement and first responders. But they won’t be able to raise a flag proclaiming gay pride or Black Lives Matter unless their HOA approves.   Listen to the broadcast………………..

HB 107 –Reserve Studies and Funding Becomes Law! (MD)

The bill requires the governing body of certain cooperative housing corporations, condominiums, or homeowners associations to have a reserve study conducted of the common areas and update the study every fivey ears. It also imposes certainannual budget requirements related to cooperative housing corporation, condominium, or homeowners association     Read the entire article……………………………….

Racist language persists in housing deeds, but Michigan bill advances making it easier to strike

“The premises covered hereby shall never be occupied by any person or persons other than the Caucasian race and Gentiles only.”  That language is part of 1926 deed for a Manchester Township subdivision, according to Justice InDeed, an organization that maps the prevalence of racist housing covenants across Washtenaw County.    Read the entire article……………………………….

Ohio SB 61 signed into law!

Ohio has two statutes that govern its community associations: the Condominium Act (ORC 5311) and the Planned Community Act, which governs homeowner associations and other residential non-condominium communities (ORC 5312).   Read the entire article……………………………….

How Florida’s New Legislative Changes and Building Safety Regulations Effect Condominium and Cooperative Associations

During the recent 2022 Special Session, the Florida Legislature enacted key legislation that significantly impacts community association operations throughout the state, affecting millions of condominium and co-op owners.  It is critical that condo and co-op associations, management and the board of directors which govern them, review these changes and take the necessary steps to achieve […]

New rules about rental restrictions in California

Time is almost up for California condos and HOAs that still have dated rental restrictions in place. The California Legislature has enacted several pieces of legislation that now prevent an association’s governing documents from enforcing unreasonable rental rules on owners.   Read the entire article……………………………….

Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse

On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective immediately and is intended to prevent further disasters like the Champlain Towers South collapse in Surfside, Florida. The new requirements include:  Read the entire article……………………………….

What Does the Building Safety Act for Condominium and Cooperative Associations Mean for My Association? (FL)

On May 26, 2022, Florida Governor Ron DeSantis signed the Building Safety Act for Condominium and Cooperative Associations (“Building Safety Act”) into law. The Building Safety Act brings sweeping changes to Florida’s condominium and cooperative association laws, particularly regarding building inspections and reserves.   Read the entire article……………………………….

New law aims to protect Colorado homeowners living in HOAs

Homeowners associations in Colorado will be prohibited from seeking foreclosures against homeowners based solely on fines, and they will have to adhere to a cap on those fines.  Gov. Jared Polis signed HB22-1137 into law on Friday to set these limits on homeowners associations to avoid future large-scale foreclosures over escalating fines and fees like […]

Legislative Session Was a Mixed Bag for Co-ops and Condos (NY)

For the thousands of New York City co-op and condo boards wrestling with ways to cut their buildings’ carbon emissions enough to avoid looming fines, the recently concluded session of the state Legislature was, in the words of one observer, “a few little steps forward, but a really big step back.”   Read the entire article……………………………….

Indiana HOA Solar Panels: House Bill 1196 Has Been Signed

Homeowners associations are known for their strict rules when it comes to architectural changes. If a homeowner wants to add a shed or redo their front porch, chances are they will need to obtain approval from their HOA. This process usually involves going through an application process, which includes submitting documents such as designs and […]

New law aims to protect Colorado homeowners living in HOAs

Homeowners associations in Colorado will be prohibited from seeking foreclosures against homeowners based solely on fines, and they will have to adhere to a cap on those fines.  Gov. Jared Polis signed HB22-1137 into law on Friday to set these limits on homeowners associations to avoid future large-scale foreclosures over escalating fines and fees like […]

Gird Your Loins: HB 1137 Becomes Law (CO)

Governor Polis signed HB 1137 into law on Friday, in spite of calls by hundreds of community members for a veto. This ambiguous, flawed, and expensive bill will go into effect on August 10. As a reminder, HB 1137 will fundamentally alter all community collection and enforcement processes,  Read the entire article……………………………….