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  • Community Associations: New Estoppel Rules (FL) June 26, 2017 Beginning July 1, 2017, Florida community associations will have to comply with more burdensome estoppel requirements.  The 2017 Florida legislature just recently passed a new law that will require associations to comply with a request for an estoppel certificate within 10 business days. If they fail to do so, they will forfeit their right to charge a fee for the preparation and delivery of the document.  Read the article……………
  • Condo liability law loosened (MN) June 25, 2017 A homeowners association is suing the developer, builder and manager of the Superior Vista condominiums, among others, claiming the Mesaba Avenue complex was not properly built and ought to be repaired under warranty.  “Many areas of the building were not built to applicable building code, industry standard and/or engineering specifications … all of which is allowing for excessive water intrusion, deterioration and decay,” reads the suit by the Superior Vista Homeowners Association filed in St. Louis County District Court last fall.  It’s exactly the kind of suit that some say has discouraged new condo development in recent years, and one that could become less common due to a change in state law that passed the Legislature earlier this year.     Read the article…………….
  • Governor Hogan Signs Law To Require Notice To Homeowners Of Sales Of A Common Element Or Common Area June 23, 2017 Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale, including a tax sale, of a common element in the condominium or common area in the HOA   Read the article…………….
  • Will new laws protect condo owners from apartment conversions and rogue associations? (FL) June 23, 2017 ….Florida lawmakers this spring unanimously approved a bill that requires condo associations to give owners better access to records and imposes criminal penalties for electoral fraud, theft of funds and conflicts of interest. The measure would become law July 1 if Gov. Rick Scott signs it.   Read the article……………….
  • NC Community Association Legislative Update – June 22, 2017 June 22, 2017 I’m asked frequently about the status of proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one chamber to move forward) has passed, which means this a good time to check in on various bills. (FYI, while the crossover deadline is a big deal, keep in mind the News & Observer’s warning several years ago: “ rules are made to be circumvented, so there are many ways to keep legislation alive.”) Community Association Bills That Passed One Chamber by Crossover Deadline:    Read the article……………
  • Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees (MD) June 22, 2017 Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has now been enacted, entitles an HOA to charge “a reasonable fee not to exceed $50 for an inspection of the lot if required.”   Read the article……………
  • Mountain Law: Cracking Colorado’s condo conundrum June 21, 2017 In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but then shortly thereafter obtained a favorable court decision that accomplished one of their goals anyway. This article updates developments on both fronts.    Read the article…………….
  • Bills Would Impose Time Limits on Co-op Purchase Applications (NY) June 20, 2017 There are currently half a dozen pieces of legislation under consideration in New York City and Albany that could change the way co-op apartments get bought and sold. Co-op advocates are not pleased with any of them. Some of these bills would give boards 10 days to declare if an admissions package is incomplete; others would impose a 45-day limit on boards to act on purchase applications; and others would require boards to provide written reasons for rejecting an application.   Read the article…………….
  • Assembly Judiciary Committee Approves Wieckowski Bill (CA) June 20, 2017 A bill to clarify that the political speech rights of residents in common interest developments cannot be infringed upon by homeowner association (HOA) boards unanimously passed the Assembly Judiciary Committee this morning. SB 407, authored by Sen. Bob Wieckowski (D-Fremont) now heads to the Assembly floor.   Read the article……………
  • Legislative Update: Condominium Terminations Bill Signed Into Law (FL) June 19, 2017 Senate Bill 1520 was signed by Governor Rick Scott on June 16, 2017. The following is a summary of the bill, which will take effect on July 1, 2017:  SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of condominiums, making it more difficult for a Plan of Termination to be passed without full consent of the unit owners. The changes to the law reduce the amount of unit owners required to reject a plan, postpone the time until another plan can be voted on, and requires that the plan be approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation (“Division”) based on factual and public policy reasons. Further, it guarantees that an optional termination will not result in a unit owner receiving less than his or her purchase ...
  • District of Columbia Condominium Law Amended To Require New Owner Notices June 16, 2017 The District of Columbia Condominium Act has been amended to require new notices and information be provided to condominium purchasers and unit owners.  When a condominium advises the owner of its intention to take legal action to collect any past due amount owned by the unit owner, the owner must be provided with a statement of account showing the total amount past due, including a breakdown of the categories of amounts claimed to be due and the dates those amounts accrued.     Read the article……………
  • Legislative Update: New Laws Affecting Florida Community Associations June 15, 2017 When a bill passes the Florida Legislature and is sent to the Governor for consideration, the Governor has 15 days from which to sign the bill into law, veto it, or do neither (in which case the bill will automatically become law if unsigned within such 15 days). Senate Bill 398 and House Bill 377 have been signed by Governor Rick Scott. The following are summaries of the bills, which will take effect on July 1, 2017:   Read the article…………..
  • Issues That Cross State Lines: A Look at Condo Legislation Trends June 15, 2017 When it comes to legislation and legal issues that apply to condo associations, co-ops, and other multifamily housing models, the focus is often local—city ordinances, council meetings, and so forth – but there are judgments handed down and bills passed that impact buildings and HOAs on a national level. For boards and managers who want to stay in the know about how the law impacts their homes and communities, it pays to keep abreast of these developments, even if they happen on the other side of the country.   Read the article…………..
  • Don’t estoppel believing: Now it’s a law June 15, 2017 After years of unsuccessfully fighting its way through the Legislature, the estoppel bill is now law.  Gov. Rick Scott Tuesday signed the measure (SB 398), which overhauls the legal process of estoppel letters. It goes into effect July 1.  “We are grateful for this compromise that will benefit Florida homeowners, associations, and taxpayers,” said Mark Anderson, Executive Director for Chief Executive Officers of Management Companies (CEOMC). “The Florida House, Senate, and Gov. Scott deserve credit for finally getting this across the finish line.”    Read the article……………
  • Realtor group on Legislature: ‘Good session’ for homeowners (NV) June 10, 2017 Homeowners generally fared well during the 2017 session of the Nevada Legislature, according to the Nevada Association of Realtors (NVAR).  Among the bills the group cited as beneficial were:    Read the article…………..
  • Status of Community Association Bills and CALL to Action on HB 653, Relating to Community Associations (FL) June 8, 2017 As of this writing, we are still waiting for the two main community association bills, HB 653 and HB 1237, to be sent to Governor Rick Scott. Once a bill is sent to him, he will have fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it to become law without his signature.  The “Estoppel Certificate” bill, SB 398, was sent to Governor Scott on May 31, 2017, and he has until June 15, 2017 to act.  The “Condominium Termination” bill, SB 1520, was sent to Governor Scott on June 5, 2017, and he has until June 20, 2017 to act.  The “Marketable Record Title Bill”, HB 735/SB 1046, did not end up passing.     Read the article…………..
  • Community Association 2017 Legislative Guide: Part I (FL) June 7, 2017 The Florida legislature passed several community association related bills this legislative session that are set to become law on July 1, 2017, unless vetoed by Florida’s Governor Scott. This is the first of a three-part series summarizing those bills.    Read the article…………….
  • Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations (FL) June 6, 2017 HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration. When a bill is sent to the Governor, he has fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it to become law without his signature. If approved by the Governor, HB 653 will be effective on July 1, 2017 (except the provision regarding websites will be effective on July 1, 2018). The following is a summary of the bill:     Read the article……………..
  • Amendment to SB258 would hurt HOAs (NV) June 2, 2017 Members of the Assembly and Senate are trying to pass an amendment to SB258 that would allow delinquent owners to sue their homeowners associations for foreclosing on unpaid assessments.  The amendment, to be decided in conference committee with no public debate in the final week of the legislative session, represents a dramatic change for HOAs. Equally troubling is the fact that no legislator is willing to say who drafted this amendment. This seems a bit sneaky to me. Where is the transparency?
  • The 2017 Fla. Legislature Returns To CondoLand June 2, 2017 Once again, after a one-year hiatus, the Florida Legislature has produced several condominium bills. Typically, the Legislature passes a single condominium bill into which other approved bills have been merged. This year, perhaps to make up for the failure to enact any condominium legislation, four bills were passed: CS/CS/CS/HB653 (HB653), CS/CS/HB1237 (HB1237), (CS/CS/CS SB398 (SB398), and CSSB1520 (SB1520) were passed by both houses of the Florida Legislature and are awaiting approval or disapproval by Governor Scott.    Read the article……………
  • Minnesota amends its construction defect laws June 2, 2017 Earlier this month we told you that (click here to see the story) about an effort to amend Minnesota’s construction-defect laws, which are among the most stringent in the nation, with a raft of amendments aimed at making it more difficult for a homeowner’s association to file a frivolous or unfounded claim. Those amendments, HF1538, received bipartisan support and this week Governor Dayton signed them into law, removing what many say are a critical barrier to the construction of for sale condos and townhouses.     Read the article…………….
  • NJ S181-Act Concerning Snowplow/De-Icing Service Contracts in Community Associations June 1, 2017 The New Jersey state Senate passed the bill 181, authored by Senator Christopher Bateman(Hunterdon, Mercer, Middlesex and Somerset), by a vote of 35-0 on January 23, 2017.  The bill, if passed by the Assembly and signed into law by the Governor, will render void and unenforceable any indemnification/hold harmless language in a contract with a snowplow vendor. This bill will not apply to the State or any municipal government.    Read the article…………….
  • Two Bills That Affect Maryland Foreclosure Notices June 1, 2017 The Maryland legislature has passed House Bill 26 (“HB26”) which amends the foreclosure notice provisions contained in Maryland Real Property Article 7-105.2. HB26, slated to take effect on October 1, 2017, provides that notice of a foreclosure sale must be sent to a condominium association (COA) or homeowner’s association (HOA) which has recorded a lien against the property at least 30 days before the date of the proposed sale. This change now explicitly requires notice of sale be sent to any COA or HOA that has a lien recorded against the property at least 30 days prior to the scheduled sale. Since the current law requires notice to all subordinate lien- or judgment-holders (whose liens are recorded and indexed at least thirty days prior to the sale), this change is not particularly significant.     Read the article……………..
  • Legislature says homeowners associations can’t bar rooftop solar (OR) June 1, 2017 Homeowners associations won’t be able to deny Oregonians their right to go solar under a bill that passed the Legislature on Wednesday.  The bill, HB 2111, which sailed through the House more than a month ago on a 56-3 vote, passed the Senate 19-9.     Read the article…………….
  • A List Of New Laws In Maryland For 2017: Part II May 30, 2017 IKO details the second half of the Community Association Institute’s new laws in Maryland:  Termination Until Service to Multifamily Dwelling Unit – Notice to Property Owner/Manager:  Requires a public service company that’s going to terminate a customer’s electric or gas service in a multifamily dwelling unit to notify the property owner or manager of the unit prior to termination     Read the article………….

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