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 […]
‘Condo 3.0’ bill boosting safety, board accountability heads to final House panel (FL)
A bill designed to give teeth to Florida’s condo laws and ensure that condo board members are honest and accountable is now one House committee OK shy of a floor vote. Members of the House State Administration and Technology Appropriations Subcommittee voted unanimously to advance the measure (HB 1021) after approving a pair of amendments […]
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…………………………….
Lawmakers look to protect home values for owners who may be forced to sell their condos (AZ)
In Arizona’s housing market, lawmakers want to make sure condo owners get a fair deal if they’re ever forced to sell to investors. Under the Arizona Condominium Termination Act, if an investor reaches 80% ownership of a condominium complex, they can dissolve the HOA and require the remaining homeowners to sell for fair market value. […]
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 […]
2023 Year-End Review of California Legislation and Cases Which Affect Community and Homeowners’ Associations
When an Association cannot achieve the quorum required in its governing documents for a Board of Directors election meeting, this new law allows the Association to adjourn the meeting to a date at least 20 days after the adjourned meeting, and provides that only 20% of the voting members need be present at subsequent meetings […]
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…………………………….
Bill would allow associations to regulate members on public lakes (IA)
Proposed legislation in the Iowa House would enable community associations that govern areas near public lakes to police their members’ conduct while boating. 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…………………………….
Introduction to HB 24-1051 (Tow Carrier Regulation Bill) and Its Potential Impact on HOAs (CO)
The Tow Carrier Regulation Bill (HB 24-1051) was recently introduced during the 2024 legislative session. In part, it can potentially adversely impact private and commercial entities, including community associations, that oversee and enforce parking regulations on their property. 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 […]
Florida lawmakers may offer hurricane hardening program to condo association
What the state considers a successful grant program to help harden Florida homes against hurricanes took a big step closer to sticking around for another year. Read the article…………………………….
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 bill would create go-between position for HOAs, Hawaii residents
Ensuring homeowners associations are being fair to their residents is the goal of a new proposal in the State Legislature that would create a government position as a go-between for HOAs and concerned tenants.
Virginia Community Associations and the Corporate Transparency Act: New Federal Reporting Requirements Effective January 1, 2024
Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate Transparency Act (“CTA”) and its regulations, unless a community association fits within one of the narrow exemptions to the Act.
Texas law going into effect Jan. 1 creates new requirements for HOAs regarding fines
With the new year comes new laws. For HOA homeowners, that means a bit more transparency in how much you could be charged for violations. House Bill 614 goes into effect January 1 and experts said this creates a balance of power between HOAs and property owners. Read the article…………………………….
Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees
Of all the subjects I never would have thought I would be writing to you about, it is this: the Florida Legislature is dangerously close to passing legislation that prohibits a Florida community association from charging a fee for the preparation and delivery of an estoppel certificate!!! Read the article…………………………….
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………………………………..
Client Alert: Florida Senator Proposes Creation of State Database for Homeowners Association Information
On December 13, 2023, Florida State Senator Rodriguez filed Senate Bill 942 (2024), which, if adopted, would require the Department of Business and Professional Regulation (DBPR) to establish a searchable database of certain homeowners associations’ information no later than July 1, 2025. Read the article………………………….
A 2022 law required HOAs to assess maintenance needs. Now it’s time to pay up (MD)
Maryland community associations are finding themselves squeezed by a 2022 law intended to ensure maintenance of condominiums and similar housing, but which is resulting in thousands of dollars in surprise fees and assessments that are leaving some residents struggling to make ends meet. 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 […]
Central Florida lawmakers work to reduce fines that can be issued by HOAs (FL)
Two lawmakers from Central Florida are introducing legislation to limit the amount you could be fined by homeowner associations. Watch the news report…………………………..
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…………………………………..
Effective Date of New Reserve Law Questioned (FL)
Q: Our condominium association just held a vote to less than fully fund reserves for the 2024 budget. It passed by a majority of the quorum, but not a majority of the entire voting interests. Read the Q&A…………………………….
Bipartisan lawmakers seek to cut condo insurance costs through valuation pilot program (FL)
In a bipartisan move, Florida lawmakers have introduced legislation that seeks to establish a Condominium Windstorm Pilot Program, which would provide a new insurance option for condominium associations. Read the article……………………………
Many Tall Condominiums Face New Expenses (FL)
Surfside Condominium collapsed in June 2021 with $1 billion in property damage and 98 deaths. In May, 2022 Florida’s legislature amended statutes and adopted laws to require structural inspections and reserves for condominiums if three stories or more in height. The legislature amended the statutes in 2023. Many condominiums will find meeting the new statutory […]
What is The Open Meeting Act? (CT)
The Open Meeting Act, also known as the Sunshine Law, aims to enhance accountability and transparency in governing bodies. It mandates that all meetings of homeowners associations, including board and yearly meetings, must be accessible to all members. Read the article……………………………
Navigating Arizona House Bill 2298: Essential Guide for Planned Communities
Arizona’s planned communities are facing a significant shift in governance with the enactment of House Bill 2298. Effective from October 30, 2023, HB 2298 alters the control that community associations have over public roadways within their jurisdictions. This article aims to provide an overview of the bill and outline actionable steps for compliance, helping to […]
Little Known Provisions in CCIOA and the Nonprofit Act (CO)
The Colorado Common Interest Ownership Act (“CCIOA”) and the Colorado Revised Nonprofit Corporations Act (“Nonprofit”) are the two primary statutes governing common interest communities in Colorado. These statutes are long, complex, and contain provisions many people are not familiar with, and, frankly, may not care about. Read the article……………………………….
The Effect of Section 720.3045, Florida Statute on Homeowner Association
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]
Navigating the CTA: A Guide for Condos and HOAs to comply with the Corporate Transparency Act (MI)
The Corporate Transparency Act is a federal law that was enacted in 2021 to stop individuals in foreign countries from illegally moving money into the United States. The Corporate Transparency Act creates new reporting requirements for certain types of corporate entities in the United States. The Federal Crimes Enforcement Network (“FinCEN”), is the federal agency […]
A Guide to Georgia Property Owners’ Association Act (POAA)
The Georgia Property Owners’ Association Act (POAA) is a Georgia statute that provides for rights and authority that a homeowners’ association (HOA) can elect to be governed by in addition to its community-specific governing documents. The POAA was enacted to provide HOAs with powers and procedures, similar to the Georgia Condominium Act that governs condominium […]
What Board Members Should Know About the Corporate Transparency Act
Being a member of a condominium or homeowners’ association board of directors has its challenges. One of those challenges is keeping up with new information related to community associations and board responsibilities on the state and federal level. This blog covers new federal reporting requirements for both condominium and homeowners’ association board members. Read the […]
New CA law allows homeowners to sell their ADU similar to a condominium
A new California law opens the door for homeowners to sell an ADU in their backyard. Supporters said this will create more affordable housing, but not everyone is convinced it will work in San Diego Read the article……………………………..
2023 Arizona Legislation
HB2251 – which amends A.R.S. Section 33-1253 of the Condominium Act (it does not apply to Planned Communities) was signed by the Governor on 06/19/2023. This new law will impact insurance coverage and insurance claims in Arizona Condominiums, HB2298 – which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) […]
HB23-1105 (CO)
Pursuant to House Bill 23-1105, signed into law on May 24, 2023, an HOA Task Force is to be appointed by August 1, 2023, to examine issues regarding homeowners’ rights and to perform other duties as noted in the new law. Each homeowner association in Colorado is required to notify owners about this task force. […]
Ohio bill allowing ‘unapproved’ flags in HOA, condo communities called unconstitutional
A dispute over an Israeli flag hanging outside of a New Albany condo is revealing government attempts to block homeowner associations in Ohio from banning certain flags. While legal experts say the First Amendment does not apply to an HOA or COA prohibiting some flags from flying, violations do occur when state lawmakers try to […]
Banning Short-Term Rentals: A Guide to Local Law 18 (NY)
Short-term rental platforms, such as Airbnb and VRBO, are a thorn in the side of many co-op and condo buildings in New York City. With the recent passage of Local Law 18, often referred to as the short-term rental registration law, boards are getting some welcome relief. The law primarily targets three key entities: the […]