Legislation Articles

Back to homepage
  • Ducey OKs homeowner association bill after vow not to do so (AZ) April 29, 2017 After vowing that his administration would not be in the business of regulating homeowner associations, Gov. Doug Ducey on Friday signed legislation doing just that.  The bill Ducey signed requires more transparency in association meetings by mandating public comment before votes and setting up tighter rules for public meeting notices, among other rules it contains.   Read the article……………
  • After years of work, estoppel bill heads to governor (FL) April 28, 2017 We’ve been writing about it for years, all the while wondering ‘why,’ but 2017 was the winning session for an overhaul of the estoppel letter process.  The House on Friday passed the Senate’s bill (SB 398) on a 117-0 vote, sending it to Gov. Rick Scott.  “This legislation will benefit Florida’s homeowners, associations, and taxpayers,” said Mark Anderson, executive director of Chief Executive Officers of Management Companies (CEOMC). “We encourage Governor Scott to sign this good bill.”    Read the article…………..
  • House Bill 377 Clarifies Date of Completion of the Contract for Statute of Repose—a Legislative Win for Contractors April 27, 2017 On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB 377 will amend the construction defect statute of repose to clarify that the “date of completion of the contract” is the date that final payment becomes due, and not the date final payment is actually made. This will be a legislative win for contractors.    Read the article…………..
  • Association Disclosures Under Section 22.1 of the Illinois Condominium Property Act April 26, 2017 The focus of this article is to provide a brief overview on the disclosures provided in Illinois by a condominium association to a prospective buyer of a unit and: (a) what is mandated by law; (b) what current practice is; (c) associations’ and board members’ exposures to claims for failure to comply; and (d) action needed to remedy the ills that exist in the market today.   Read the article……………..
  • Proposed condo reform bill expected to go before Florida legislature for final vote April 25, 2017 A bill to reform Florida condo law is in its final phase in Tallahassee after it was unanimously approved by the Senate’s Rules Committee on Tuesday.  The bill is scheduled for a vote on Thursday in the House and is expected to go to the full Senate next week.  However, a last-minute change brought protests from condominium owners and their advocates, who for months have been pushing for approval of the reforms.    Read the article…………..
  • Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017 April 24, 2017 There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass.  Condominium Bills by Sen. Garcia and Rep. Diaz (SB 1682 and HB 1237) — I have written extensively about these bills in previous CALL Alerts. HB 1237 has been significantly amended as follows:     Read the article……………
  • Construction defects homeowner consent bill breezes through Colorado House April 24, 2017 A measure requiring that a majority of homeowners in a condo complex first approve a construction defects action against a builder — rather than just the association board — passed the Colorado House Monday and now moves on to the Senate.    Read the article……………
  • HOA bill proposal hearing held in Texas House April 24, 2017 Some homeowners said the fines and fees tacked onto their homeowners association dues are unfair, and now the state Legislature is discussing a proposal to make changes.  State representatives in Austin will hear details Monday of a proposed bill to limit penalties, interest and attorney’s fees for homeowners who fall behind on their HOA dues.     Read the article…………
  • 2017 Maryland Condo and HOA Legislation–The Final Score April 24, 2017 Employee sick leave, natural gas fracking, and opioid abuse were the headline issues of the 2017 Maryland legislative session. Beyond these hot button topics, the General Assembly also considered many bills regarding condo and homeowner association governance, foreclosure procedures, state registration of community associations; and regulation of community association managers.  Legislation passed includes bills to make it easier to amend a communities declaration and bylaws; provide notice of foreclosure sale postponement and cancellation; and require community associations to provide notice of common property sales, including government tax sales.    Read the article………….
  • Help For Condo Owners Comes In Small Doses, If It Comes At All (HI) April 24, 2017 Hawaii lawmakers are still considering several bills designed to make life easier for condominium owners and stem complaints about the boards that oversee their buildings, but some owners say the legislation doesn’t go far enough.  House and Senate negotiators plan to meet Monday afternoon to discuss new drafts of measures that mostly clarify existing law. More ambitious proposals, such as a bill to create a condo ombudsman office, died earlier this session.   Read the article……………
  • Money pours into legislative races as construction defects debate rages (CO) April 24, 2017 Millions of dollars have flowed into state legislators’ campaigns in recent years from both sides of the contentious construction defects debate, even as opposing camps managed to reach a key compromise last week on what has proved to be an intractable issue.  Construction defects reform has pitted condominium developers and other business interests against trial lawyers, who benefit from suing developers over defects in their buildings. The groups altogether have spent more than $2 million on state legislative races since 2010.    Read the article……………
  • NC Community Association Legislative Update – Community Association Property Management Act April 21, 2017 While most NC General Assembly bill filing deadlines have passed, legislation considered appropriations or finance can be filed through next week. A bill introduced yesterday would, if adopted, significantly impact North Carolina’s HOA/condo associations as well as community managers.     Read the article………………..
  • Owner Approval for a Construction Defect Lawsuit? April 20, 2017 On March 17, 2017, House Bill 17-1279 was introduced and assigned to the State, Veterans, and Military Affairs Committee. The original intent of H.B. 17-1279 was to open the lines of communication between the association board, the association members, and the developer or builder and act as a bill that could garner bipartisan support.  This bill is the basis for a promising compromise which has bipartisan support and will be heard in House hearings Thursday (April 20, 2017) and Friday (April 21, 2017) before making its way to the Senate. This bill has been fast tracked and the intent of the sponsors is to have the same signed into law prior to the close of the legislative session on May 10, 2017.    Read the article……………
  • Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments (MD) April 19, 2017 Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws. As amended, what originated as House Bill 789 would reduce the required percentage vote for an amendment of the bylaws from two-thirds to 60 percent.    Read the article……………
  • Lawmakers announce breakthrough on construction defects reform measure (CO) April 19, 2017 Lawmakers at the state Capitol say they have finally reached a compromise over a contentious construction defects reform bill that requires a majority of homeowners in a condominium complex — not just the homeowner association board — give consent to taking legal action against a builder for shoddy workmanship.  Rep. Alec Garnett, D-Denver, a co-sponsor of House Bill 1279, said he expects the bipartisan bill to pass through the House State, Veterans and Military Affairs Committee Wednesday afternoon and then through both chambers before the legislative session ends in May.    Read the article…………..
  • NC Community Association Legislative Update – April 19, 2017 April 19, 2017 Several important legislative deadlines have passed in recent weeks. Tuesday, April 4 marked the NC Senate deadline for filing public bills and resolutions. Tuesday, April 11 marked the NC House deadline for filing public bills and resolutions (other than appropriations or finance bills). While there are a still a few ways for bills impacting HOAs or condos to be introduced in the General Assembly this session, now is an appropriate point to look at the filed bills that, if adopted, would directly impact North Carolina’s community associations.     Read the article………….
  • Criminal penalties in proposed condo law spur controversy in Tallahassee (FL) April 18, 2017 The Florida condo reform bill is moving forward in the state Legislature, but the controversy between those who are in favor of and those who are against criminalizing certain infractions could intensify in the coming weeks.  The bill, led by Miami-Dade lawmakers, seeks to make condo electoral fraud a crime, such as falsifying signatures for condominium elections, and to create penalties for retaining documents to which homeowners are entitled. But lawmakers are facing resistance from colleagues, lobbyists and lawyers who do not favor new criminal punishment.    Read the article……………
  • Florida Community Association Related Legislative Update 2017 April 18, 2017 Florida’s 2017 Legislative Session is in full swing. As is our yearly ritual, we have kept a close eye on proposed legislation relating to community associations. As many may recall, all major bills introduced last year affecting community associations fell victim to an abrupt and unusual end to the 2016 Legislative Session. Based upon the number of bills currently pending in Tallahassee, it appears legislators are looking to make up for lost time this year. While there are some beneficial provisions, bills also include criminal penalties for Board members, regulations protecting the use of AirBnB, and significant increases in minimum statutory damages that may be collected from association’s and management companies.     Read the article……………
  • Colorado House Bill 1279 stalls over 120-day unit owner election period April 17, 2017 With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last half-decade. Rather, it has sought to enact reforms on a piecemeal basis, with several smaller bills addressing specific issues that have been affecting condominium construction along Colorado’s booming Front Range.  Read the article……………
  • PA lawmakers to mull community mediation April 15, 2017 Pennsylvania lawmakers will discuss a proposed change Tuesday, to how the state handles disputes within private communities. The state House of Representatives plans to reconsider House Bill 595, which would expand the Attorney General’s power to mediate such cases.  “There are a lot of residents who feel they should have that protection,” said State Rep. Rosemary Brown (R-189), who introduced the legislation in February.  The Pennsylvania General Assembly enacted the Uniform Planned Community Act in 1996. It defines a planned community as one in which an estate holder pays for the general care of any property not owned solely by that individual.    Read the article……..
  • HOA Harassment Law (CA) April 15, 2017 Last year, federal regulations were changed to address harassment and discrimination claims. The changes affect community associations. Even though associations are not housing providers, they are deemed so for the purposes of this statute.  New Law. Effective October 14, 2016, boards of directors are required to address members’ claims of harassment on the basis of race, color, religion, national origin, sex, familial status, and disability. This includes harassment by other residents, board members, managers, and vendors. The law requires that boards take prompt steps to investigate and end harassment       Read the article………….
  • Maryland General Assembly Passes Legislation To Allow Reduced Number Of Votes To Amend Condo Bylaws April 13, 2017 Both houses of the Maryland General Assembly have passed legislation that would reduce the number votes required to amend condominium bylaws. House Bill 789 was approved unanimously in both the House of Delegates and State Senate. The new law would reduce the required percentage vote for an amendment of the bylaws from two-thirds to 55 percent.    Read the article…………
  • California Makes Artificial Grass Permanent April 10, 2017 This month, Governor Brown signed AB 349, a drought bill aimed at California HOAs that restrict the installation of artificial turf. Significant protections already exist for owners who wish to install “low water-using landscaping,” but AB 349 goes a step further, directly addressing artificial turf.    Read the article………….
  • House of Delegates Passes Amended Version Of Bill To Require Notice to Owners Of Common Element Sales (MD) April 10, 2017 The Maryland House of Delegates has passed an amended version of a bill previously approved in the State Senate that 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.    Read the article………….
  • Senate Committee Issues Favorable Report On Bill To Preclude Developers From Limiting Condo Owners Claims (MD) April 7, 2017 The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, intended to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer. The proposed law would prevent developers from including certain provisions in condominium governing documents…….Read the article………….

Legislation Article Archives