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  • New Legislation Effective July 1, 2017 Affecting Florida’s Community Associations August 15, 2017 While much of the 2017 legislation recently passed into law affects only condominium associations, Senate Bill 39 (a.k.a., the “Estoppel Bill”) affects condominium, homeowners’, and cooperative associations.  In regard to the Estoppel Bill, remember that in addition to the statutorily required information which must be provided in the association’s estoppel (the subject of prior articles which can be viewed at www.rembaumsassociationroundup.com), the association must provide the estoppel within 10 business days of receipt of the request, and if not so provided, a fee cannot be charged.    Read the article…………….
  • New Legislation Adds Teeth to Florida’s Condo Laws August 11, 2017 The new Florida law that establishes criminal penalties for association fraudsters should help many associations to contend with suspicious and irregular activities by unscrupulous board members.    Read the article…………..
  • New Virginia Law Regarding Real Estate For Sale Signs August 10, 2017 There seems to be some confusion about this new addition to the resale provisions in the Condominium Act and the Property Owners Association Act. Beginning July 1, 2017 there is a new Virginia law, passage of which was promoted by the Virginia Association of Realtors, that will impact unit owners and lot owners in nearly all community associations as to “For Sale” signs. (No other types of signs, like “For Rent” signs, are covered by these new laws.)    Read the article…………..
  • 2017 Legislative Update for Florida’s Community Association Laws: Part II August 9, 2017 On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part II (click here for part I) in a three-part blog series detailing these legislative amendments and focuses on changes to the law concerning financial reporting requirements, criminal penalties, and official records.     Read the article………………
  • New legislation affecting condos, co-ops and HOAs (FL) August 5, 2017 Last year the Florida Legislature was silent when it came to passing any laws affecting community associations. Not this year.  This year four bills were approved and signed by the governor and one was vetoed. SB 398 applies to condos, cooperatives and HOAs and prescribes a “form” for estoppels certificates. We discussed that bill last month.    Read the article…………..
  • Mediation and Arbitration Study for HOAs and Condos (NC) August 4, 2017 The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision concerning community associations.   Read the article…………..
  • North Carolina Community Association Legislative Wrap-Up – July 2017 August 4, 2017 Courtesy of my colleague, Greensboro attorney Jim Slaughter of Black, Slaughter, Black, following is a summary of the status of various legislative bills in the North Carolina legislature that could affect condominium and community associations. Jim always has his ear to the ground for the legislative goings-on in Raleigh, and I appreciate him allowing me to reprint his article here.   Read the article……………
  • AB 1139 Imposes New Notice Requirements on Deed-Based Transfer Fees (CA) August 2, 2017 On July 31, 2017, Governor Brown signed Assembly Bill 1139 (“AB 1139”) into law. AB 1139 amends California Civil Code Section 1098.5 with regard to deed-based transfer fees (“Private Transfer Fees” or “Fees”). Prior to AB 1139 becoming law, any individual or entity who imposed a Fee on real property on or after January 1, 2008, had to record a document that provided limited notice of the Fee on or before January 1, 2009.  AB 1139 now requires any individual or entity who imposes a Fee on real property on or after February 8, 2011, to record a document that contains very specific language with regard to notice. The notice must now state that federal housing agencies are prohibited from dealing in mortgages on properties encumbered by private transfer fee covenants that do not provide a “direct benefit” to real ...
  • Governor Vetoes House Bill 653 (FL) August 2, 2017 One of the most talked about community association legislative bills this session was House Bill 653 (HB 653), which proposed changes to the Condominium Act and the Homeowners Association Act. Gov. Rick Scott vetoed HB 653 at 7:55 p.m. on June 26. HB 653 had many changes, one of which was an amendment easing the fire-protection requirements for condominium buildings in Florida.    Read the article………….
  • Review of Legislation continues – Part 5 (FL) August 2, 2017 Today’s column is the final installment of our annual review of legislation affecting Florida community associations.  In prior columns, we reviewed Senate Bill 398 dealing with “estoppel certificates,” and House Bill 1237 which only applies to condominiums and contains changes to the statute including board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end financial reporting, the imposition of criminal penalties pertaining to certain conduct involving condominium elections and finances, and changes to the “conflict of interest” provisions of the statutes. Both SB 398 and HB 1237 became effective July 1, 2017.     Read the article………….
  • HUD Releases Final Rule Related to Discrimination in Community Associations August 2, 2017 In September 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations relating to housing discrimination, which now require community associations to investigate claims of harassment by one resident of another resident who is a member of a “protected class.” Under the Fair Housing Act, a protected class includes race, color, national origin, religion, sex, familial status and disability/handicap. In the past, if an association resident harassed another association resident, the association’s board or community manager may have viewed this as a personal issue, which would not be within the association’s scope of responsibility to investigate/address. This position was based on the belief that the association neither encouraged nor participated in the alleged harassing conduct and, therefore, could not be responsible for the conduct of its residents.    Read the article…………….
  • 2017 Florida Legislative Guide July 31, 2017 From the Community Association Leadership Lobby      Read the book…………..
  • Review of Legislation continues – Part 4 (FL) July 30, 2017 Today’s column is the fourth installment of our annual review of legislation affecting community associations.  So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end financial reporting, and the imposition of criminal penalties pertaining to certain conduct involving condominium elections and finances. Today, we will finish up our review of HB 1237, which applies only to condominiums. HB 1237 became effective July 1, 2017.    Read the article……………..
  • Summer sizzles with new laws affecting condos, real estate (VA) July 29, 2017 As sure as summer brings hot days, the season also delivers new laws passed by the General Assembly that became effective July 1. As in the past, some of the latest new or altered laws affect condominiums and real estate professionals.   Read the article………….
  • Statute changes impose new conflict of interest rules (FL) July 29, 2017 So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end financial reporting, and the imposition of criminal penalties pertaining to certain conduct involving condominium elections and finances.   Read the article………….
  • HOA covenants can be preserved by board’s vote July 29, 2017 In recent weeks we have discussed some of the new condominium laws, particularly the term limits imposed upon condominium directors. Under the new law, directors cannot serve more than four consecutive two-year terms unless a new term is approved by a supermajority membership vote, or unless there are fewer candidates than available seats on the board.  Read the article…………….
  • ARRL President Issues Call for Members to Reach Out to their Senators to Support S. 1534 July 25, 2017 ARRL President Rick Roderick, K5UR, is calling on League members to urge their US Senators to support the Amateur Radio Parity Act of 2017, S. 1534. ARRL has opened a RallyCongress page to simplify the task.  “e are at a crossroad in our efforts to obtain passage of The Amateur Radio Parity Act,” Roderick said. He said the campaign to secure passage of the bill scored a major victory earlier this year when H.R. 555 passed unanimously in the US House of Representatives. Obtaining passage of the companion Senate bill, S. 1534, is the final legislative hurdle.    Read the press release………………
  • AB 690 Signed! New Management Disclosures and Changes to the Escrow Document Disclosure Form (CA) July 25, 2017 The Governor has signed AB 690 into law, which modifies several Code sections and adds two new Civil Code sections to the Davis Stirling Common Interest Development Act. Here is what you need to know about the new requirements:  New Civil Code Section 5376 provides that the manager, management firm, or third-party contractor must facilitate the delivery of escrow documents pursuant to Civil Code Section 4530, as required by the management contract.     Read the article…………
  • Governor (NJ) Signs New Legislation Securing Governance Rights of Owners Residing in Common Interest Communities July 25, 2017 On July 13, 2017, Governor Christie signed into law bipartisan legislation amending and supplementing the Planned Real Estate Development Full Disclosure Act (PREDFDA). The new law provides, among other things, that all unit owners be members of their community associations and that such members have the ability to fully participate in the election of their executive board. The legislation applies to all common interest developments in New Jersey, including condominium associations, homeowners’ associations (HOAs), and cooperatives, regardless of whether the community was established prior to the effective date of PREDFDA.    Read the article…………..
  • Review of new legislation continues (FL) July 23, 2017 Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.”  Today, we will look at House Bill 1237, which contains some significant changes. HB 1237 only applies to condominium associations.
  • (CA) Senate Bill 721: Deck Inspections and Reserve Study Inspections July 21, 2017 In California in the first half of 2017, Senate Bill 721 has been proposed, a bill which requires all exposed decks/walkways more than 6 ft above ground, in structures containing three or more multi-family units, to be inspected before 1/1/2023 and every six years thereafter. This inspection requirement is designed to ensure that these surfaces are in generally safe condition and in adequate working order. As written, the inspection is to be conducted by “a licensed architect, licensed civil or structural engineer, or an individual certified as a building inspector or building official”.     Read the article…………..
  • A Guide to Avoid Criminal Charges as a Condominium Director in Florida July 19, 2017 Yeah. This a bit tongue and cheek, but the fact of the matter is that Florida law governing condominiums has changed. Earlier this year, the Miami-Dade Grand Jury filed a report about the status of condominium association governance and the ability of the Division of Condominiums, Timeshares and Mobile Homes to regulate the boards and management companies. I wrote an article published in the Florida Community Association Journal about the potential impact of the recommendations of that report. Mostly, my concern is the chilling effect on owners who might think twice about volunteering for the board with these new criminal penalties. After a few renditions of the original bill, HB 1237 was signed by the Governor and is effective July 1, 2017. Now that we have the law in place, I’ll explain how easy it is avoid jail time.   ...
  • Tax Reform and Community Associations July 19, 2017 U.S. Congress has been talking about Tax Reform for several years and President Trump has now turned his focus to Tax Reform by asking Congress to deliver a plan. This week, CAI submitted comments to the Senate Finance Committee to consider as they discuss Tax Reform.    Read the article………….
  • Regarding the Radburn: New Law Enhances Voting Participation Rights in New Jersey Community Associations (NJ) July 18, 2017 On July 13, 2017, New Jersey Governor Chris Christie signed into law P.L. 2017, Ch. 106 (S-2492/A-4091). The new law makes significant changes to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. 45:22A-43 et seq., with respect to procedures for board elections and voting participation rights. Although the legislation comes in direct response to complaints over a specific association – the Radburn Association in Fair Lawn – it will affect most, if not all, of the estimated 7,000 community associations located in New Jersey.   Read the article……………
  • Sanford’s bill aim: ‘Treat taxpayers the same’ in private community storm cleanup (SC) July 17, 2017 If another hurricane strikes South Carolina, Rep. Mark Sanford wants residents in private communities and neighborhoods with homeowners associations to be eligible for help cleaning up debris.  The Republican congressman introduced a bill last week — the Disaster Assistance Equity Act — that would allow common interest communities — neighborhoods, condominium complexes, and cooperatives that share amenities and infrastructure typically owned by an HOA — to receive Federal Emergency Management Agency money without jumping through hoops.    Read the article……………….

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