NC House panel okays recommendations limiting power of HOAs

A state House panel Wednesday gave the final okay to recommendations they say would help curb abuses of power by community and homeowners’ associations in North Carolina.  “We can’t make as many changes probably as some would like to see happen, but we do have a few suggestions in the way of this committee report,” […]

Several HOA bills introduced in Idaho House

Several Idaho legislators have recently introduced bills about homeowners associations, also known as HOAs.  Two lawmakers, Rep. Jon Weber, R-Rexburg, and Rep. Brooke Green, D-Boise, have been working on HOA issues for months. And as the Treasure Valley has grown, more and more people reside under the purview of HOAs.   Read the article…………………………….

State Rep Pushes Legislation to Regulate Property Management Comps, Community Association Mgmt (GA)

Companies that manage homeowners’ associations could soon be subject to more regulations.  State Representative Dar’shun Kendrick (D-Lithonia) recently introduced House Bill 1258, legislation she says will “increase accountability for property management firm brokers and community association management brokers.”     Read the article…………………………….

New Legislation (CA)

AB 572. Assessment Limitation. Beginning January 1, 2025, new associations with affordable housing are limited to assessment increases for affordable housing to 5% plus cost of living, not to exceed 10% greater than the preceding regular assessment. This does not apply to associations with 20 units or less. “Affordable housing” means a unit occupied by […]

Some Colorado HOAs ban using fire-resistant building materials. This proposed law could overrule that

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.    Read the article…………………………….

Lawmakers advance bill that would void HOA rules that block wildfire-hardening (CO)

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.   Read the article…………………………….

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

Wicker bill removes roadblocks for amateur radio operators

According to a summary of the bill, the legislation would prohibit homeowner association rules that prevent or ban amateur radio antennas on residential properties, clarify the approval process for installing amateur radio antennas, and give amateur radio operators a private right of action.  Read the article…………………………….

Kansas homeowners urge lawmakers to ban ‘punitive’ rooftop solar restrictions

Alan Bauman would put solar panels on his Prairie Village home if he could. He’d like to benefit from the savings on his energy bill and have more security when his electric utility suffers power outages.  But his homeowners association restricts his and neighbors’ ability to install solar power.   Read the article…………………………….

Five recommendations North Carolina lawmakers may consider to tackle HOA disputes

Members of the House Select Committee on Homeowners’ Associations are moving closer to advancing a draft bill designed to level the playing field between homeowners and their HOAs.  Following two public hearings in January, five recommendations were presented Tuesday to the committee by legislative staff.    Read the article…………………………….

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

North Carolina HOAs could face new hurdles to foreclosures

North Carolina homeowners’ associations could soon face new hurdles to approving larger budgets and seizing property as a means to enforce their rules. The House Select Committee on Homeowners’ Associations have been meeting this year to address voter claims that HOAs have abused their power in the state. Committee members have welcomed input from homeowners […]

Florida Lawmakers Advance Bill Cracking Down on Condo Boards

Since the tragic Surfside condo collapse in 2021 that killed 98 people, Florida lawmakers have passed several laws to improve safety. Today, the Senate appropriations committee advanced a bill that will help control rogue condo boards and provide residents more oversight.     Read the article…………………………….

HOA Foreclosure Laws In North Carolina

Both homeowners and board members should familiarize themselves with the HOA foreclosure laws in North Carolina. In doing so, they can understand the rights of homeowners and the scope of authority an HOA has when it comes to foreclosures. It also helps keep the association in the clear and away from potential liability.    Read the […]

Unique Challenges for Condo and Coop Boards Facing Local Law 97 Requirements (NY)

New York City’s Local Law 97, passed in 2019, aims to drastically reduce greenhouse gas emissions from large buildings. By 2024, condominium and cooperative buildings over 25,000 square feet must meet strict emissions limits or face heavy fines. While the law’s environmental goals are laudable, the legislation poses unique financing challenges for condo and co-op […]

Colorado lawmakers introduce bill to foster more condo construction

In yet another effort to alleviate soaring housing costs in Colorado, lawmakers on Monday introduced a bill aiming to boost condominium construction in the state — an option historically seen as a way for first-time homebuyers to enter the housing market.  Read the article…………………………….

South Dakota: Protection from HOAs Signed into Law

Today, February 5, Governor Kristi Noem signed Senate Bill 39 into law. SB 39 prohibits a homeowners’ association (HOA) from placing restrictions on firearms or firearm ammunition. This important legislation further strengthens firearm preemption in the Mount Rushmore State by protecting sportsmen from HOA regulations. Read the article…………………………….

Many Colorado HOAs have rules that make homes more vulnerable to wildfires. New legislation could block those.

Colorado lawmakers on Friday advanced new legislation that would make it easier to build or upgrade homes to harden them against wildfires. The legislation would void language in existing homeowners’ association bylaws, deed restrictions or property contracts that prevent residents from installing or using fire-resistant building materials. It would also prohibit new restrictions. Read the […]

Proposed Bill to Affect HOA Foreclosure Sale Requirements (CO)

Introduced January 31, 2024 by Representative Naquetta Ricks, the proposed bill, HB24-1158, would severely hamper an HOA’s efforts to foreclose for unpaid assessments. The bill proposes that prior to turning over a delinquent account to collections or to an attorney for legal action, an HOA must send a notice to the owner that free information […]

Term Limits to First Impact Longstanding Condo Directors in 2026 (FL)

The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those. Read the article…………………………….

A Comprehensive Guide to Key Changes and Impacts Under the Homeowners’ Association Bill of Rights (FL)

On October 1, 2023, House Bill 919, also known as the “Homeowners’ Association Bill of Rights” took effect. This comprehensive bill provides several crucial changes related to the removal of homeowners’ association (“HOA”) officers and directors, fines and suspensions for violations of the declarations, bylaws, or rules of the HOA, as well as new requirements for […]

Understanding HOA Laws for 2024: What’s Changed?

The world of homeowners’ associations is constantly in flux, and as we embrace the new year, it’s essential to stay up-to-date on the latest legislative shifts and updates that may impact your residential experience. Whether you’re a homeowner seeking clarity on your rights, a board member navigating the governance of your community, or a community […]

The 2018 Amendment to the Michigan Marketable Record Title Act Goes Into Effect on March 29, 2024: Does Your HOA or Condo Association Need to Record a Notice?

Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants […]

New HOA laws protect Florida homeowners

There are many luxury condominiums and subdivisions in Florida. These dwellings are popular among those who are commonly referred to as “snowbirds,” which are people who live in states north of here for most of the year, then come to Florida when winter hits their hometowns. The snowbird community lives right alongside full-time residents in […]

New Deadline for Parking Structure Inspections (NY)

The roll-out of the city’s garage inspection program has just been accelerated. The city has posted a new deadline that requires all buildings with garages to complete an initial safety inspection of the structure by b.  Read the article………………………………..

Corporate Transparency Act – Action Required in 2024-2025 (FL)

We are writing to inform you that the Corporate Transparency Act (“CTA”) will become effective on January 1, 2024, for all new entities (as defined below) filed on or after the beginning of next year and will become effective on January 1, 2025, for all currently existing entities, (with entities being defined as any entity […]

Alert to Business Owners: New Law Requires Disclosure of Information

In 2021, Congress passed the Corporate Transparency Act, 31 U.S.C. Section 5336 (the “Act”) which requires the reporting and collection of beneficial ownership information for applicable entities. Beneficial ownership information refers to identifying information about the individuals who directly or indirectly own or control a company.   Read the article………………………………

Corporate Transparency Act 2022: Reporting Required for HOAs (GA)

The Corporate Transparency Act (the “CTA”) that was enacted by Congress in 2021 will go into effect at the start of 2024. While the Corporate Transparency Act was implemented to combat the use of shell corporations, LLC’s, partnerships, and other entities to facilitate terrorist funding, corruption, tax fraud, and other illicit activities, it will also […]

2023 in Review (Florida)

The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as “SB-4D.”  […]

Compliance with the Federal Corporate Transparency Act (FL)

Complying with the Federal Corporate Transparency Act may surprise many Florida Corporations, including many Condominium and Homeowner Associations. In 2021, as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Federal Government passed a Federal law called the Corporate Transparency Act (the “CTA”).    Read the article………………………………….

New Law Affects Contractor Retainage for Co-ops & Condos: Add Another Item to Boards’ List of Things to Worry About (NY)

As if New York co-op and condo communities weren’t under enough pressure from sluggish sales, high interest rates, and the ever-increasing volume of work required to comply with environmental requirements like Local Law 97, Governor Kathy Hochul signed a bill into law on November 17 amending Sections 756-a and 756-c of the New York State […]

Historic bill to repudiate racially restricted deed covenants passes (PA)

The Pennsylvania Senate made history Wednesday by unanimously passing state Rep. Justin Fleming’s legislation (H.B. 1289) that would help rectify the legacy of biased housing practices by making it easier for property owners to repudiate discriminatory deed covenants.    Read the article…………………………………..