Proposed legislation to create a program helping first-time homebuyers historically barred by racial covenants is moving forward despite objections to raising the document recording fee by $100 to pay for it. Read the article………………………..
House Bill Would Authorize Local Governments To Create An Infrastructure Fund (MD)
House Bill 55, now pending in the Maryland General Assembly, would authorize a county or municipality to “establish a local trust fund or other appropriate fund for the purpose of repairing or rehabilitating infrastructure with communities that are subject to the requirements of the Maryland Condominium Act or the Maryland Homeowners Association Act.” Read the […]
California senate committee addresses condo insurance crisis
The solution to the wildfire insurance crisis in California may be higher insurance rates for all homeowners – that’s what industry experts had to say while testifying last week in front of the California Senate Committee on Insurance. Read the article………………………..
Legislation stopping HOAs, cities from banning ADUs clears House (ID)
A piece of legislation preventing HOAs, cities, and counties from banning accessory dwelling units is headed across the rotunda. Read the article………………………..
Bill Would Ease Restrictions on Rooftop Solar Installations (NY)
Money isn’t the only obstacle for co-op and condo boards that want to install solar panels on their roofs as a way reducing their buildings’ carbon emissions. Strict regulations by the Fire Department of New York often make it impractical to install solar panels, especially on smaller roofs. Read the article………………………..
Legislative Session Preview: Ana Maria Rodriguez again targets condo fraud (FL)
Scroll down to: Another measure Rodriguez has resurrected this year is SB 1136, which would create a “Condominium Fraud Investigation Pilot Program” within Attorney General Ashley Moody’s Department of Legal Affairs to investigate condo-related malfeasance in Broward, Miami-Dade and Monroe counties. Read the article………………………..
Proposed new bill would protect HOA homeowners (FL)
HOA board members who refuse to share financial records with homeowners could face criminal charges under a proposed bill. Read the article………………………..
How Can Coop and Condo Boards Further Restrict Short-Term Rentals? (NY)
New York City recently adopted Local Law 18, also known as the “Short-Term Rental Registration Law,” which requires owners and/or renters (hosts) who want to rent out their residential units for less than 30 days to register with the New York City’s Mayor’s Office of Special Enforcement (OSE) before doing so. Read the article………………………..
Miami-Dade Mayor, State Attorney to Announce New Measures to Protect HOA Residents (FL)
Miami-Dade’s mayor and state attorney announced Friday statutory changes they say are aimed at providing protection to residents of homeowners associations and owners of condominiums. Read the article………………………..
Problem Solved: Avoiding Fines by Combining Roof and Facade Projects (NY)
Caution, fines ahead. When the Climate Mobilization Act’s Local Law 97 goes into effect next year, we’re seeing fines into the hundreds of thousands of dollars for buildings that don’t do any retrofits. We’re working with a very progressive board on the Upper East Side, a high rise building, and this board wanted to reduce […]
House bill regarding homeowner rights shelved (WV)
A House bill that critics say would take away some major consumer protection rights for homeowners is dead. Read the article………………………..
Bill Spotlight: HB 1367 The Possible Never Ending Election Season (TX)
The bills of the 88th Texas Legislative Session are taking shape and early indications are this session will be another with great effect on the property owners association (POA) industry. One bill that is catching the eyes of many from this legislative session is HB 1367, relating to a board member’s violation of certain laws […]
‘Unprecedented’ Utah bill would allow developers to create own districts. Here’s why that matters
A new bill has emerged on Utah’s Capitol Hill seeking to allow landowners to form their own special districts in order to finance infrastructure projects with the aim of helping developers cut down on housing costs. Read the article………………………..
Bill would take away rights for homeowners, critics say (WV)
Critics of a bill introduced in the House of Delegates would take away some major consumer protection rights for homeowners. Read the article………………………..
Installation of solar panels gets Lincoln condo owner in hot water (NE)
Bill would block homeowners associations from banning installation of solar installations Read the article………………………..
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. But we are still receiving calls and emails from concerned board […]
Environmental Sustainability Policy Issues In 2023
Conservation, environmental sustainability, and “green” issues are important policy issues facing the community association housing model. CAI follows these clear and fundamental principles concerning environmental sustainability policy: Read the article………………………..
Homeowners write out racism in residential property deeds (MI)
The “Discharge of Prohibited Restrictive Covenants Act,” which state Sen. Sarah Anthony, D-Lansing, began working on in 2018 as a state representative, simplifies the removal process and requires homeowner associations to act if home or property owners request them to remove a restrictive covenant. Read the article………………………..
NEW HOA LAWS for 2023 (CA)
We can breathe a sigh of relief. The Legislature is out of session. We tracked a number of bills affecting associations–several of which died and one was vetoed. The bills that passed take effect on January 1, 2023. While this year’s bills don’t have significant impact, there are some you want to pay attention to. […]
Florida lawmakers look again at condo safety requirements
A Florida Senate committee Tuesday backed a proposal that would make changes to a condominium-safety law passed last year after the deadly collapse of the Champlain Towers South building in Surfside. Read the article………………………..
2023 Legislative Session Introduces HB 23-1105 (CO)
Another year, another legislative session – and more bills that target HOAs and metro districts. HB 23-1105 was introduced this session (sponsored by Reps Jennifer Parenti and Brianna Titone) and aims to create task forces for both HOA and metro districts, the sole purpose of which is Read the article………………………..
Arizona Legislative Update for 2022
House Bill 2158: Political Signs and Assemblies The legislature amended laws related to political signs and assemblies, Arizona Revised Statutes §§33-1261 and 33-1808. This legislation applies to both planned communities and condominiums. Read the article………………………..
New bill in Arizona proposes greater homeowner association meeting rights
Arizona’s House of Representatives is considering a new bill that would expand the ability of homeowners’ association members to participate in association meetings. If passed, the bill, known as HB 2607, would allow unit owners, members, or their designated representatives to provide notice for meetings in planned community and condominium associations. Read the article………………………..
Bill introduced to stop HOAs, local governments from banning ADUs (ID)
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 […]