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  • HOA Revisions (UT) March 23, 2017 This bill amends provisions related to condominium and community associations.  Highlighted Provisions:  This bill: provides that a condominium or community association shall comply with certain requirements before bringing a legal action against a declarant, a management committee or board of directors, or an employee, an independent contractor, or an agent of the declarant or the management committee or board of directors, related to a period of declarant control or period of administrative control; and provides that certain provisions regarding open community association board meetings apply during the period of administrative control.     Read the article………….
  • New law sets fee limits on condo resale documents (MD) March 23, 2017 In the 2016 session of the Maryland General Assembly, legislation under House Bill 1192 was passed that alters the contents of required disclosures, authorizes additional fees, and sets limits on fees that may be charged to a seller by a condominium council of unit owners for providing resale documents.  Owners of a condominium unit or a unit in a homeowners association (HOA) should be aware that this legislation set a maximum amount that can be charged by the condo association, HOA, or any authorized agent of either.      Read the article……………
  • Miami-Dade-backed condo law reforms advance in Legislature (FL) March 23, 2017 A plan from Miami-Dade lawmakers to penalize fraud and abuse in condominium associations earned unanimous initial approval in House and Senate committees this week.  The bills, most notably, impose new criminal penalties for falsifying association documents, committing fraud in association elections and refusing to turn over administrative records, among other reforms.      Read the article……………
  • Longs neighborhood upset with HOA, new bill in Senate could help (SC) March 23, 2017 A new law that would put stricter regulation on homeowners associations is now making its way through the state Senate and for one neighborhood, the changes can’t come soon enough.  State Sen. Greg Hembree proposed a bill this year that would make bylaws for HOAs more transparent and clearly defined. Joann Santelli hopes it will put a stop to what she describes as a double standard.   Read the article………….
  • Condominium Associations May Recoup Insurance Deductibles March 23, 2017 One of the largest line items in any condominium association’s budget is its insurance premium. Condominium associations are required, pursuant to their governing documents, to carry adequate property insurance to address common elements (and in many cases, unit owners’ improvements), liability insurance, and director’s and officer’s insurance coverage. Further, condominium associations budget for any insurance claims that may trigger the need to meet an insurance deductible. That deductible may be 10K per claim.     Read the article………….
  • Miami-Dade-backed legislation cracking down on ‘rogue’ condo associations advances (FL) March 22, 2017 A plan from Miami-Dade lawmakers to penalize fraud and abuse in condominium associations earned unanimous initial approval in House and Senate committees this week.  The bills, most notably, impose new criminal penalties for falsifying association documents, committing fraud in association elections and refusing to turn over administrative records, among other reforms.    Read the article……………..
  • Why Colorado lawmakers hope this is the year to solve the affordable condo crisis March 22, 2017 This much perhaps everyone can agree on: Colorado is in an affordable housing crisis, whether you live on the Front Range, Western Slope or the Eastern Plains. Affordable housing is almost a myth, with rents in Denver for a one-bedroom apartment averaging $1,550 per month.  But is a package of legislation tackling “construction defects reform,” which would change the process by which homeowners with defective condos sue developers, the answer to Colorado’s affordable housing crisis?    Read the article………………
  • MD General Assembly Considers Bill To Require Written Policies For Homeowner Association Payment Plans March 22, 2017 Senate Bill 1115, filed in the Maryland General Assembly, would require homeowner associations to adopt a written policy if it permits payment plans for homeowner fees and other charges. The new law would add Section 11-114.1 to the Maryland Homeowner Association Act…….Read the article……………..
  • CALL Alert for March 20, 2017 (FL) March 20, 2017 Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to the election of directors.   While there is no doubt these legislators are rightfully seeking to correct the election fraud and financial crimes problems which were identified in the recent Miami Grand Jury Report, some of the provisions in these bills will create new problems in addition to the ones they are seeking to fix. It is too early to tell if online voting will help prevent some of the fraud which has been identified with the current paper voting system but that law was passed, in part, to ...
  • (CO) Grantham: Don’t call new construction defects bill a ‘compromise’ March 20, 2017 Senate President Kevin Grantham tossed some cold water this weekend on the bipartisan backslapping that greeted the introduction of a new bill aimed at resolving longstanding tensions over construction defects litigation policy and spurring moribund condominium construction across the state.  “Don’t call it a compromise,” the Cañon City Republican told The Colorado Statesman on Saturday. “It isn’t a compromise.”   Read the article……………..
  • Homeowner consent bill introduced in House as latest salvo in construction defects battle (CO) March 18, 2017 Yet another attempt to reform Colorado’s construction defects statute has been introduced in the legislature, this time a bipartisan bill that would require majority approval by homeowners to initiate a legal action against a builder rather than leaving that decision to a homeowner association board.  The measure, House Bill 1279, has support from both sides of the aisle, with Rep. Alec Garnett, D-Denver, and Lori Saine, R-Dacono, serving as the primary sponsors in the House. It was introduced in the chamber late Friday night.    Read the article…………..
  • Lawmakers introduce bipartisan compromise bill to tackle construction defects issues (CO) March 18, 2017 A bipartisan group of legislators introduced a compromise bill late Friday aimed at encouraging developers to build condominium projects while preserving the right of homeowners to have their day in court.  The legislation arrives at the end of a week that saw a Democratic-sponsored bill and a Republican-sponsored bill covering much of the same territory both run aground, stoking outrage and frustration that the Legislature might be unable to resolve a problem that has vexed lawmakers for years.    Read the article………….
  • State Senate Bill Would Authorize Common Element Restrictions On Delinquent Unit Owners (MD) March 17, 2017 Senate Bill 529 in the Maryland General Assembly would authorize condominiums to restrict the use of common elements by unit owners who are delinquent in paying assessments. The proposed law would add new subsection 11-104(e) to the Maryland Condominium Act to provide that the bylaws may contain a provision permitting such restrictions.    Read the article………..
  • Senate Bill Seeks to Criminalize Certain Violations of the Condominium Act (FL) March 16, 2017 Florida’s 2017 legislative session is well under way and we are already seeing a slew of bills directed at community associations. One bill in particular should alarm anyone working with or serving on a condominium association board of directors. Senate Bill 1682, filed by Senator Rene Garcia, proposes numerous changes to how condominium associations are governed and seeks to impose criminal penalties for certain violations of the Condominium Act.    Read the article………….
  • Proposed Legislation Would Require Condominiums To Give Unit Owners Notice Of A Sale Or Lien Affecting A Common Element March 16, 2017 Senate Bill 809 and House Bill 1369, now pending in the Maryland General Assembly, would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of a common element. The bills would add new Subsection 11-108(d) to the Maryland Condominium Act. The legislation would also add new Subsection 14-804(e) to the Tax Article to provide that a council of unit owners must give at least 30-days notice to the unit owners when a tax lien has been imposed on a common element.     Read the article…………
  • State lawmakers plan public hearing on HOAs on Oct. 29 in Horry County (SC) March 15, 2017 Is your homeowner’s association harassing you over the state of your landscaping?  Does your HOA shield its finances from view? Are you an HOA?board member concerned about possible changes in state law?   If you answered “yes” to any of these questions, then an upcoming HOA public hearing in Myrtle Beach is the place to be.   The Horry County legislative delegation will host a public hearing on issues relating to HOAs on Wednesday, Oct. 29 at 7 p.m.    Read the article…………..
  • Colorado construction-defects reform centerpiece assigned to ‘kill committee’ (CO) March 15, 2017 House Speaker Crisanta Duran assigned the business community’s centerpiece construction-defects reform bill late Tuesday to the so-called “kill committee,” disappointing backers and sponsors of Senate Bill 156 and refocusing efforts on a yet-to-be-introduced successor bill that deals with fewer of supporters’ concerns.  Duran, D-Denver, said in a statement that “every bill receives a fair hearing and the (House State, Veterans and Military Affairs) committee led by Rep. Mike Foote is very thorough in their work to vet policy.”    Read the article……………
  • Senate bill would give 421a to far more condo developers March 15, 2017 A budget proposal from the New York State Senate would greatly increase the number of tax exempt condominium projects in the outerboroughs, confirming the fears of Mayor Bill de Blasio and other city officials that such developments could creep back into a renewed 421a developer tax break.  In the Senate Republicans’ latest version of the bill, condo projects outside Manhattan with as many as 80 units could qualify for 421a tax exemptions, up from 35 units in Gov. Andrew Cuomo’s proposal released in January. A cap on the average tax assessment value for benefitting condo units is also raised in the new proposal from $65,000 to $85,000, a change that was first reported by Politico.   Read the article…………
  • 2017 Legislative Update (OR/WA) March 14, 2017 Oregon and Washington law makers are in session. There are several proposed house and senate bills which impact condominium and homeowner associations. Here’s a brief summary, along with links to review the language of the proposed legislation.     Read the article……………..
  • Death of Democratic construction-defects bill refocuses effort on comprehensive reform (CO) March 13, 2017 A Colorado Senate committee on Monday killed a construction-defects reform bill described by its author as a compromise measure to untangle the state’s year’s long battle over laws that many argue thwarting new development of affordable multi-family housing in Colorado.  The defeat means that lawmakers must now turn their attention to more comprehensive reform proposals on construction defects that contain provisions that have ultimately been rejected by the Legislature for two years running.     Read the article……………
  • 2017 Maryland Condo and HOA Legislation–What’s Hot and What’s Not March 12, 2017 With the Maryland General Assembly now in the final month of the 2017 legislative session which ends on April 10, several bills regarding community associations are still under consideration. Other bills have died in committee. A bill must be passed by the Maryland House and Senate and signed by the Governor in order to become law.      Read the article…………….
  • Miami-Dade lawmakers want criminal penalties for fraud and abuse by condo directors (FL) March 11, 2017 After decades of struggling against a condo regulatory system that experts say perpetuates impunity and makes it easy to commit fraud, thousands of condominium owners in Florida may finally see substantial changes in state laws.   Last week, state senators and representatives from Miami-Dade filed a bill that includes 21 reforms to Chapter 718 of the Florida statutes. The reforms seek to correct gaps in the laws and establish criminal penalties for some irregularities in the administration of condos.     Read the article…………..
  • 2017 Utah Legislative Session – HOA/Developer Issues March 11, 2017 HOAs have not come out unscathed by the 2017 Utah general legislative session, which ended yesterday, March 9. A new law was passed that requires an HOA to comply with rather onerous requirements before it may go after the developer for problems created by the developer.  House Bill 157 (HB 157 3rd Substitute) was passed stating that: (1) an HOA must comply with certain requirements before suing a declarant (the developer of the HOA) or a board related to a period of declarant control, and (2) certain provisions regarding open board meetings apply during the period of declarant control.    Read the article………….
  • Attorney: Watch legislation involving condo living March 10, 2017 Condominium associations should pay attention to the Florida legislative session, according to a local attorney.  Donna DiMaggio Berger, a shareholder at Becker & Poliakoff, said there are more than two dozen bills that could directly or indirectly impact condominiums and cooperatives, many in a negative way. The session began Tuesday and lasts for 60 days.   Read the article…………..
  • Maryland Legislature Considers Proposal To Reduce Votes Required To Amend Bylaws March 10, 2017 House Bill 789, now pending in the Maryland General Assembly, would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws may only be amended upon a vote of two-thirds (66 2/3 percent) of the unit owners.   Read the article…………..

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