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Legislation Articles

/ Owner - September 1, 2015
  • Update on the HB22-1137 Related Bills (CO) March 18, 2024
    The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article…………………………….
  • NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K March 18, 2024
    New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per unit.  The City Council had actually approved the mandate, the Climate Mobilization Emissions Law, in 2019 requiring residential buildings to initially curb their greenhouse gas emissions by 40% and ultimately by 80% by 2050.   Read the article…………………………….
  • Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL) March 18, 2024
    Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records.  This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final.   Read the article…………………………….
  • The Construction Defect Bills (CO) March 15, 2024
    The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains already being felt by many in the state caused by the current cost-of-housing crisis, the Colorado Legislature has introduced three bills aimed at bringing down the cost of construction defect lawsuits by making them harder to bring by an association, provide for mandatory alternative dispute resolution, and limit damages a claimant can seek. Let’s pop the hood on SB24-106, SB24-112, and HB24-1230 and take a look at some of the highlights.   Read the article…………………………….
  • What Makes a Home………Business? (CO) March 14, 2024
    The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities.  The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply!     Read the article…………………………….
  • Worcester lawmakers talk bills on condo repairs, fallen hero taxes, more (MD) March 14, 2024
    The House Environment and Transportation Committee heard a bill sponsored by Del. Wayne Hartman (R-38C) on March 5.  House Bill 1262, or Common Ownership Communities-Reserve Studies-Alterations, would extend the timeline for required condominium repairs determined by an assessment from three to five years.     Read the article…………………………….
  • Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL) March 13, 2024
    Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records.  This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final.   Read the article…………………………….
  • Important Reminders Regarding Association Business (CO) March 13, 2024
    The last few weeks have proven to be very busy with regards to Homeowner Association business. Please note the following updates and recommendations regarding Associations.    Read the article…………………………….
  • Lawmakers set sights on broadband, TV ‘advisers’ (FL) March 13, 2024
    Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year.  At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts with service providers.  Read the article…………………………….
  • The SB4D Bill and How it Impacts Tampa Condominiums (FL) March 13, 2024
    The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations.   Read the article…………………………….
  • Bridging the Gap: SB428 Expands Available Protections in the “HOA Workplace” (CA) March 12, 2024
    By now, most individuals in the industry are aware of the newly adopted AB648 (virtual meetings) and AB1458 (lowered quorum). However, SB428 is another bill that managed to fly under the radar and will ultimately have a significant impact by providing associations with a more expansive tool to protect those who serve community associations, including board members and community managers.   Read the article…………………………….
  • House toppeled the estoppel, preventing $100M in new HOA fees (FL) March 12, 2024
    The House in the waning hours of the 2024 Legislative Session stood its ground on the “Home Tax” bill dealing with estoppel certificates and who can pay for them. Its unwillingness to budge left the measure (HB 979) dead for the Session.   Read the article…………………………….
  • A Generator Bill That is Long Overdue (FL) March 11, 2024
    Until now there was no law in our Florida HOAs that would allow a home owner to install their own electrical generator with above ground or below ground gas tanks. Here we are, living in Florida with sometimes unbearable heat and humidity, we have a large elderly population, hurricanes generally hit in the hottest parts of the year, and yet there is no right to install an electric generator in your home.    Read the article…………………………….
  • Florida Condo Mitigation Bill Passes but Other Insurance Bills Uncertain After Changes March 7, 2024
    A Florida pilot program to fortify coastal-area condominiums is on its way to the governor but other property insurance bills may have hit a snag after last-minute changes – with just two days left in the legislative session.  The state Senate on Wednesday voted 39 to 0 in favor of House Bill 1029, which had passed the House of Representatives last week without opposition. If signed into law, the bill will provide for matching grants so that condominiums can be inspected and retrofitted with wind mitigation measures.   Read the article…………………………….
  • HOA, condo daycare prohibition bans considered by Minnesota lawmakers March 7, 2024
    Those who live in a homeowner’s association (HOA) or condo looking to create an in-home licensed daycare center could no longer be denied its operation as long as they have a license in Minnesota under a new proposal being considered by lawmakers.   Read the article…………………………….
  • Condo Law Legislative Update – 2024 – Part II (NH) March 7, 2024
    Settle in and read on for thoughts on a couple of additional condominium bills making their way through the Legislature this season.  House Bill 1357 seeks to require more meetings of boards of directors, a seemingly innocuous proposal, but one of greater consequence than likely intended.    Read the article…………………………….
  • Legislature approves ‘Condo 3.0’ bill to boost board accountability, building safety (FL) March 6, 2024
    Malfeasant condo board members and associations that for years have skirted Florida law through loopholes in state statutes may soon face a reckoning due to a reform package now bound for Gov. Ron DeSantis’ desk.  Lawmakers unanimously passed HB 1021, which will overhaul state laws governing condo oversight and management by holding condo buildings and their boards more accountable for their maintenance, repairs, reserves and recordkeeping.   Read the article…………………………….
  • U.S. District Court Strikes Down Corporate Transparency Act (CTA) as Unconstitutional: Impact to Community Associations March 6, 2024
    A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. The CTA, enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities, including condominium, homeowner (HOA) and townhome community associations.   Read the article…………………………….
  • Hoosiers with HOAs one step closer to being able to keep beehives (IN) March 6, 2024
    A bill that would let Hoosiers with homeowner’s associations keep bees passed the Indiana Senate on Monday.   Read the article…………………………….
  • Judiciary panel spotlights ‘shadow’ non-compete clauses, approves bill to close loophole (MN) March 6, 2024
    An example of a shadow noncompete contract that is hidden from an employee was provided in written testimony by SEIU Local 26.  When a homeowner’s association under one of these contracts switches to a different property management company, these contracts prevent that association from retaining their experienced staff without the risk of litigation for continuing to employ that staff directly, or indirectly through a different property manager for a specified period of time.    Read the article…………………………….
  • Homebuilders work to stop bill to give earlier control of HOAs to homeowners (ID) March 4, 2024
    A bill aiming to give residents a say in their homeowners associations once most of the development is finished isn’t moving forward, for now.  On Thursday, Rep. Jon Weber, R-Rexburg, brought HB 657 before the House Business Committee in the hopes of giving homeowners in developments with HOAs earlier control over the boards governing their neighborhoods instead of leaving associations under total control of the developer until the entire project is completed.  Read the article…………………………….
  • Proposed Legislation Would Reduce Percentage Required For Declaration Amendments (MD) March 4, 2024
    Proposed legislation pending in the Maryland General Assembly would reduce the percentage of approval votes required to amend a condominium declaration from 80 percent to 66 2/3 percent.   Read the article…………………………….
  • Colorado lawmakers weigh rules to spur more building without stripping homeowner protections March 4, 2024
    Construction-defect law in Colorado has been the subject of bruising battles in the Capitol for more than a decade. After taking a breather from the last round in 2017, lawmakers are again juggling consumer protection and rules that some worry will stifle much-needed building.   Read the article…………………………….
  • House Bill 59 – Providing Copies of the Docs (FL) March 4, 2024
    So The Florida Legislature is only in session for another four days. Over the next few weeks we want to educate you about the bills that passed both The Florida House and The Florida Senate. So here we go……..  Let’s start with an amendment to Florida Statute 720.303.      Read the article…………………………….
  • Colorado lawmakers target HOAs with more restrictions to protect homeowners from foreclosure March 3, 2024
    Homeowners associations’ foreclosure filings on thousands of Coloradans’ houses over unpaid fines and fees have spurred fresh attempts by lawmakers to better regulate HOAs and metropolitan districts with the hope of preventing more people from losing their homes.   Read the article…………………………….

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