The Governor signed House Bill 1040 into law last week, enshrining into law the obligation for community associations to provide notice to community members should it need to restrict access to common elements for more than seventy-two hours. While this is an appropriate, fair, and laudable goal, many other provisions of House Bill 1040 create […]
Federal Legislation Introduced to Address Financing Condo Safety Repairs
On April 18, 2022, Representatives Charlie Crist and Debbie Wasserman Schultz (both U.S. Representatives from Florida) introduced the Securing Access to Finance Exterior Repairs (“SAFER) in Condos Act of 2022. The bill is designed to address one of the main problems identified following the partial collapse of Champlain Towers South in Surfside, Florida, last year. Read […]
Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with Law (CA)
Bad News: If your association’s documents currently contain a minimum rental term of greater than 30 days or a rental cap of less than 25%, they now violate California law. Good news: The Legislature extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022. Read the entire article……………………………….
Updated Statutory Disclosure Requirements for Illinois Condominium and Community Association
The Illinois legislature recently approved two pieces of legislation that amend the Illinois Condominium Property Act (“ICPA”) and Common Interest Community Association Act (“CICAA”) and update the disclosure requirements for condominium and community associations Read the entire article……………………………….
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.The bill passed the House overwhelmingly, with a vote of 63-3, and the Senate 34-1, was signed by Gov. Brad Little late last month Read the entire article……………………………….
Federal Legislation Supports Condo Structural Repairs
U.S. Reps. Charlie Crist (D-St. Petersburg) and Debbie Wasserman Schultz (D-Broward, Miami-Dade) introduced the Securing Access to Finance Exterior Repairs (SAFER) in Condos Act of 2022 yesterday. The legislation, a response to the partial collapse of Champlain Towers South in Surfside, Fla., on June 24 in which 98 people died, allows condominium homeowners to finance […]
Colorado legislators signal openness to reviewing HOA laws as fire victims complain of woes
Sandy Quiller, who is obligated to pay hundreds of dollars in homeowners association dues for a home in Superior that no longer exists following the Marshall Fire, has found no relief since the Gazette put a spotlight on her story earlier this month. Read the entire article……………………………….
More Good News for Carbon-Cutting Co-op and Condo Boards (NY)
State regulators have given the green light to a $4 billion hydroelectric transmission project that will bring renewable energy from Canada to New York City — and help co-op and condo boards wean their buildings from fossil fuels, a key step toward compliance with the city’s Climate Mobilization Act. Read the entire article……………………………….
In a Boost to Co-ops and Condos, State Budget Backs Wind Farms (NY)
For New York City co-op and condo boards struggling to cut their buildings’ carbon emissions enough to satisfy the stringent Climate Mobilization Act, the state’s $220 billion budget for 2022-23 contains some welcome news. Most notably, Crain’s reports, the budget includes a record-breaking investment in renewable energy and in trying to protect the environment from […]
Colorado HOA foreclosure reform legislation moves forward
A Colorado House of Representatives committee narrowly voted Wednesday to advance a bipartisan measure aimed at limiting homeowners associations’ powers to file foreclosure cases based on fines for community-rule violations, capping such penalties and increasing due process for homeowners. Read the entire article……………………………….
House Bill 1137: Draft Amendments Still Impossible (CO)
If you pay attention to this blog or are involved in Colorado community association activities, you’ve certainly seen recent news stories detailing the impacts of HOA foreclosures on residents. While most of the foreclosures in the stories arose when owners failed to pay fines after violating rules or covenants, other foreclosures occurred because the owners […]
New Arizona law intends to crack down on ‘oppressive’ HOA rules
Gov. Doug Ducey has signed a bill prohibiting homeowner associations from regulating political signs that may be critical of the HOA. Read the entire article……………………………….
Proposed Miami Condo Rules Wouldn’t Prevent Another Collapse, Engineers Say
A month after Florida lawmakers failed to require more frequent and more thorough inspections of aging condominium buildings, Miami-Dade County officials have drafted their own reforms. But a few engineers said the proposed changes, which are set to receive a public hearing today, April 13, wouldn’t be enough to prevent another tragedy like the collapse […]
Civil Code § 5551 and Complying with Safety Inspection Requirements of Balconies (CA)
On August 30, 2019, Governor Gavin Newsom signed Senate Bill 326 into law. This law, which went into effect on January 2020, added §5551 to California’s Civil Code. The added section imposes inspection requirements for “exterior elevated elements” which a common interest development’s association has maintenance or repair responsibilities. This requirement does not apply to […]
Extra! Extra! Governor Ducey Signs HB2131 (Prohibition on Ban of Artificial Turf in a Planned Community) (AZ)
It’s official! 81 days into the 2022 Arizona Legislative Session, the first major bill pertaining to planned communities was signed into law. On March 30, 2022, Governor Ducey signed into law HB2131 which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819) and paves the way for planned community owners to install […]
Proposed Legislation Would Permit Changes In Percentage Interests Without Consent of All Unit Owners and Mortgagees (MD)
House Bill 358, now pending in the Maryland General Assembly, would allow alterations in the percentage interests assigned to each unit in the common elements by a vote of less than 100% of the unit owners. Read the entire article……………………………….
Ducey signs bill eliminating HOA restrictions on artificial grass (AZ)
Supporting the need to preserve water and protect private property rights, today Governor Doug Ducey signed into law HB2131. The bill was sponsored by Rep. John Kavanagh – Fountain Hills, after he was contacted by valley resident Sherry Lund. The need for such a law was recognized when Ms. Lund and her son Bradford Lund, […]
NIMBY surfers despair as coveted Hollister Ranch beaches open to the public (CA)
Starting April 1, 2022, Hollister Ranch should be very much open to public access, thanks to Gov. Gavin Newsom, who signed Assembly Bill 1680 into law in October 2019. The bill ostensibly puts an end to a decadeslong battle between those who own property at Hollister Ranch and the public over who is legally allowed […]
Whose Rights Should Our Laws Protect? (CA)
AB 3182 was a poison pill for condominium owners, reducing our ability to maintain the long-term residential nature of our communities by allowing more homes to be rented for shorter periods of time. Some owners might have been pleased by this, but a presumed application of this law serves a different constituency entirely. Read the entire […]
Illinois bill would require condo boards to give unit owners access to building records more quickly
A state senator who represents part of Chicago’s North Lakefront wants to improve access to building maintenance records for condo owners. In the wake of last year’s collapse of an oceanfront tower in South Florida, state Sen. Sara Feigenholtz wants the Illinois General Assembly to require condo boards to release any reserve study of required […]
Short-term rental court opinion may limit HOA powers
Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion. This opinion changes the assumption that CC&Rs may protect communities from predation by STRs. The STR issue is much larger than nuisance, party houses, responding to noise, parking and trash violations. Read […]
White Bear Lake water challenge (MN)
Water is life. No natural resource is more important. That’s why White Bear Lake’s water usage–and its east metro impact and beyond—continues to be addressed by residents, policymakers and the court. Recall various benchmark events triggering the current debate and challenge: Read the entire article……………………………….
Oregon HOAs and Condominium Associations Must Remove Discriminatory Language by End of Year
Pursuant to HB 2534—a bill that passed the Oregon Legislature in 2021—homeowners associations and condominium associations are required to review their governing documents and either (1) remove discriminatory language or (2) certify the nonexistence of such language on or before December 31, 2022. Read the entire article……………………………….
New Indiana Law: Solar Panels and Community Associations
According to the new law, an eligible homeowner “may petition other homeowners association members for approval to install a solar energy system on the homeowner’s dwelling unit or property.” Read the entire article……………………………….
Solar Panel Law Limits Powers of Indiana Homeowners Associations
On March 10, 2022, Gov. Eric Holcomb signed into law a bill curtailing the powers of Indiana homeowners associations to limit homeowner installation of solar energy systems, including solar panels and solar shingles. Read the entire article……………………………….
Window-tinting regulations could be scaled back (FL)
The Town of Fort Myers Beach Council is reconsidering an ordinance passed last year to tighten tinting standards on windows for new construction or window replacements. Read the entire article……………………………….
Turning Up Thermostats Would Boost Co-op and Condo Carbon Emissions (NY)
Bad news for co-op and condo boards struggling to cut their buildings’ carbon emissions enough to comply with the Climate Mobilization Act. In response to the deadly January fire in the Bronx that killed 17 people, the New York City Council is considering a bill that would require landlords and co-op and condo boards to […]
2022 Legislation: Insight and Legal Update (CA)
On balance, the industry fared well in this last legislative session. The prior two years in a row, we faced some of the most historically significant bills since the Davis-Stirling Act came into effect in 1986. And we’re still dealing with those bills (think SB 323, AB 670, AB 3182). That’s saying a lot considering […]
Flag Fight: SC bill would clear up rights to display American Flag within HOA communities
The battle of property rights and the right to police what homeowners put on their property is once again front and center in Columbia. Read the entire article……………………………….
Proposed Legislation Would Authorize the Creation of a Fund For Infrastructure Repairs (MD)
House Bill 1061, now pending the the General Assembly, would authorize counties and municipalities in Maryland to create a fund to assist in the repair of infrastructure in condominiums and homeowner associations. Read the entire article……………………………….
Bill to ban HOAs from barring artificial turf passes in AZ Senate
The Arizona Senate gave preliminary approval to a measure that would ban homeowner associations from stopping residents from replacing their natural lawns with artificial turf, with some exceptions. Read the entire article……………………………….
Colorado bill would curb HOAs power to foreclose due to unpaid fees
A group of Colorado lawmakers is proposing a bill that would require a homeowner’s association to take several steps before moving forward with a foreclosure-related to unpaid HOA fines and fees. Read the entire article……………………………….
Artificial Turf: A HOT Topic in AZ
The installation of artificial grass in community associations is becoming an increasingly pressing topic. With the Arizona Department of Water Resources’ (AWDR) goal of sustainable water supplies by 2030 in mind, it would certainly make sense for artificial turf to become a popular means of reducing water usage for property owners. Read the entire article……………………………….
And Then There Were Three (bills) (CO)
Of the original six bills concerning homeowners’ associations, four have been acted upon and either passed into law or postponed, leaving three bills left. Yes, I know the math doesn’t work unless you add HB 22-1314 which is not titled as an HOA bill but does impact common interest communities (more on this below).Read the […]
DeSantis says he would welcome a special legislative session on property insurance rates and condo safety (FL)
The Florida Legislature adjourned last week after unsuccessful attempts to address skyrocketing property insurance premiums and improve the safety of condo towers. Read the entire article……………………………….
Some Florida property owners to get tax breaks following Surfside condo collapse (FL)
Florida homeowners whose properties are severely damaged in a disaster will get a break on their real estate taxes, according to a new state measure that follows the deadly Surfside condo collapse. Read the entire article……………………………….
Condo owners plead with lawmakers to change law (AZ)
Legislation that would change Arizona’s condominium termination statute narrowly passed a key vote after more than a dozen homeowners pleaded with lawmakers to advance the bill last week. Read the entire article……………………………….
Condo Column: The bad budget bill (NH)
As noted from my last two columns, it has been an interesting Legislative session in Concord for condominiums, starting with the proposal of Senate Bill 324 that would effectively shut down condominiums. But that’s not the only piece of legislation currently pending that is of concern. The New Hampshire House of Representatives wanted its chance […]
Arizona legislative attempt to prevent condo owners’ displacement runs into issues
A proposal to save condominium owners from being forced out of their homes has run into a problem. It may be unconstitutional. Read the entire article……………………………….
Flag Fight: SC bill would clear up rights to display American Flag within HOA communities
The battle of property rights and the right to police what homeowners put on their property is once again front and center in Columbia. For years, legal battles have quietly been waged along the Grand Strand between homeowners and their HOAs. Horry County has led the state in complaints lodged towards HOAs in recent years. […]
Condo law gets challenge to its validity (AZ)
A proposal to save condominium owners from being forced out of their homes has run into a problem. It may be unconstitutional. An attorney for a Chicago developer told state senators their plan to rewrite the laws governing condos would retroactively change the laws under which the buyers obtained their property. And Charles Markle said […]
Spring 2022 Federal Legislative Update
CAI’s Government and Public Affairs team and its legislative action committees are continuing to work to strengthen and improve laws at the local, state, and federal levels that govern community associations. Here are some of the highlights from the CAI Federal Legislative Action Committee (FedLAC) heading into the spring. Read the entire article……………………………….
New law protects Hoosier property rights, makes it harder for HOAs to say no to solar (IN)
It finally happened. After six years of pushing — and repeatedly falling short — a bill that makes it harder for Homeowners Associations to prohibit residents from adding solar panels to their homes finally passed. Read the entire article……………………………….
Surfside-inspired condo reforms watered down; bill retains ‘milestone’ inspections (FL)
Legislation, inspired by the Surfside condo disaster, to require “milestone” structural inspections of multi-resident buildings has cleared the Florida Senate but in a watered-down form. Read the entire article……………………………….
Holding HOAs accountable: The focus of HB22-1137 (CO)
Homeowner associations could face major changes if a bill proposed in the House on Wednesday gains approval through the Colorado legislature. New strategies are now being considered to regulate homeowners’ associations across the state after foreclosure notices were handed out to 60 families in Green Valley Ranch. Read the entire article……………………………….
Connecticut ‘right-to-charge’ bill paves path for renters to install their own EV chargers
The legislation would give residents of multi-unit buildings the right to install electric vehicle charging equipment in their designated parking spaces by preventing “unreasonable” restrictions from landlords or homeowner associations. Read the entire article……………………………….
HOA Bills Scheduled for Hearing (CO)
Three of the bills aimed at common interest communities are all scheduled to be heard on March 9, 2022, in the afternoon session of the House Committee on Transportation and Local Government. The three bills are HB22-1239, which is the regulation of community association managers and, more appropriately, the regulation of community association management companies. […]
Homeowners associations couldn’t ban solar panels under plan in Missouri Senate
The Missouri Senate gave initial approval to a plan Monday that would forbid homeowners associations from banning residential solar panels. The legislation, sponsored by Sen. Eric Burlison, R-Battlefield, would allow homeowners associations to regulate solar panels. But his plan gives property owners the right to generate solar energy on their own roofs. Read the entire […]
New Bill Would Add Transparency to LLC Condo Buyers (NY)
The original target was tax dodgers. Now, as the Russian invasion of Ukraine intensifies, the target is anonymous Russian oligarchs who parked their gains in pricey New York City real estate. Read the entire article……………………………….