Homeowners may be shocked to find a letter from their HOA asking them to remove security cameras. This reaction may be quickly followed by confusion and then anger, wondering whether or not their association even has the ability to regulate security cameras on private property. While it might seem out of the ordinary, it is […]
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 […]
Business Judgment Rule: Lessons for Co-op and Condo Boards (NY)
The business judgment rule often serves as a perceived safety net for boards, shielding them from legal scrutiny. However, this rule is not an impenetrable shield and boards should be aware of the nuances. Simply put, the business judgment rule states that, with four exceptions, a court cannot overrule a co-op, condo or HOA board-issued […]
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.
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