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Legislation Articles

/ Owner - September 1, 2015
  • Deadline Regarding The Marketable Record Title Act (MI) March 28, 2024
    The Michigan State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community association boards and managers may not be familiar with the MRTA since its provisions historically have not affected community association administration, the 2019 amendments make it necessary for some homeowners associations to act before March 29, 2024. Subdivisions/homeowners associations whose restrictions were recorded in or prior to 1984 must consider whether to file a Notice of Claim or seek to amend their restrictions to ensure something is recorded before September 29, 2025.     Read the article…………………………….
  • South Carolina Legislature Considering Two HOA Bills March 28, 2024
    Two bills, one dealing with the foreclosure process for homeowners associations and one dealing with HAM radios, have received attention from the South Carolina House of Representatives in the past weeks and are gaining momentum. On March 26, 2024, a subcommittee hearing took place at which both bills were considered.   Read the article…………………………….
  • What is SB 4-D and why might it make your older condo suddenly unaffordable? (FL) March 28, 2024
    If you own a Florida condo over three stories tall and over three decades old, you may be seeing some serious association fee hikes coming soon……According to the SB 4-D bill, the deadline for inspecting buildings 30 years old and older is Dec. 31, 2024.   Read the article…………………………….
  • My Safe Florida Condominium Pilot Program: Impact to Florida Condo Associations March 26, 2024
    Recent Florida legislation (HB1029 and SB1366) established the My Safe Florida Condominium Pilot Program designed to enhance the resilience of condominiums against hurricanes.  Effective on July 1st, 2024, the program provides licensed inspectors, grants, and guidelines for hurricane mitigation projects funded by $30 million in state funds.    Read the article…………………………….
  • HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) March 26, 2024
    When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes to already-mandated policies and resulted in additional expenses be incurred to comply with the new laws. HB22-1137 was meant to make delinquencies and covenant enforcement easier on homeowners, but now that we have a year a half or so to look back, what are some of the continuing issues with it? HB22-1137 mostly impacts delinquencies and covenant enforcement and the continuing issues with each are somewhat different.    Read the article…………………………….
  • Bill requiring Florida HOAs to provide residents with its rules unanimously passed March 26, 2024
    The state House and Senate have each unanimously approved a House Bill 1203 related to Homeowners’ Associations in Florida.  The legislation would require HOAs in the state to give each resident its rules and covenants and force them to let each person know of any updates to those documents.   Read the article…………………………….
  • Condo Column: Condo Law Legislative Update – 2024 (CT) March 25, 2024
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” – Plato.  This year’s slate of pending legislation includes an old, worn out retread, and some new ones. None have as yet passed and are in various committees.    Part 1…………………    Part 2…………..     Part 3……………….
  • From Now On…….HOA Directors Are On the Radar as Well (FL) March 25, 2024
    There’s no question that 2024 will be remembered as the year that both HOA and Condominium law were jolted. This week, let’s discuss how HOA directors can wind up behind bars.   Read the article…………………………….
  • Bills to reform Colorado’s construction defects law advance in Legislature March 25, 2024
    Two bills aimed at reforming Colorado’s construction defect law advanced through the Legislature this week, one to spur more condo development by lowering insurance costs and another to give homeowners more protection against shoddy construction.  They both have to do with the state’s Construction Defect Action Reform Act, which sets up a process for homeowners to sue builders if they discover issues with the build, but they center on different parties in the defect remedy process.     Read the article…………………………….
  • A Glimmer of Hope for Co-ops and Condos Struggling with LL97 (NY) March 23, 2024
    A bill giving tax breaks to co-ops and condos in return for energy efficiency upgrades has a strong chance of passing in the State Senate, thanks to support from a majority of New York City Council members. If enacted, the Green Buildings Act would offer a lifeline to apartment buildings struggling to meet Local Law 97’s carbon emission requirements   Read the article…………………………….
  • New Laws Protect Bird-Friendly Yards From Neighborhood Rules March 23, 2024
    Even as her yard blossomed with black-eyed Susans and milkweed, Melinda Soltys didn’t consider herself a gardener; she just wanted to see more wildlife. After learning how native vegetation improves habitat for the animals she hoped to attract, Soltys grew a haven for birds and butterflies in her front yard. “As soon as you start researching,” she says, “you realize it’s all about the plants.”    Read the article…………………………….
  • Nebraska bill seeks to prohibit homeowners associations from banning political signs March 21, 2024
    Nebraska homeowners would be allowed to display political signs on their property during election season without restriction from their homeowners association, under a new bill in consideration in the Legislature.  Read the article…………………………….
  • Clarified Rights and Obligations Under the Illinois Electric Vehicle Charging Act: What Do Illinois Community Associations Need to Know? March 20, 2024
    The Illinois Electric Vehicle Charging Act (“Act”), which imposes certain requirements to foster widespread adoption of electric vehicles (“EVs”), took effect on January 1, 2024. Per its original terms, the Act applied only to “newly constructed single-family homes and multi-unit residential buildings that have parking spaces and are constructed after the effective date of this Act.” However, the Act was amended by a subsequent public act (P.A. 103-572)     Read the article…………………………….
  • HB 1203: Lots of New Protections for Members Living in HOAsMakes It Harder for CAMS (FL) March 19, 2024
    House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs. It starts by placing lots of responsibilities on community association managers.  A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association must do all of the following:   Read the article…………………………….
  • Lawmakers Advance Bill To Stabilize Soaring Insurance Costs For Condo Owners (HI) March 19, 2024
    Hawaii lawmakers are seeking to stabilize Hawaii’s condominium insurance market against sharply rising premiums and a declining availability of hurricane insurance that has sent ripples through Hawaii’s housing market.   Read the article…………………………….
  • 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…………………………….

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