Legal & Legislative News from CAN
- Is your condominium project on Freddie Mac’s Not Eligible List? April 19, 2024Freddie Mac opened access to the list of condominium and housing projects it categorized as “not eligible status.” Condominiums and housing cooperatives may be placed in this category due to potential noncompliance with lending guidelines. Access is restricted to an authorized representative of a condominium association or housing cooperative. Read the article…………………………….
- Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL) April 19, 2024The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read the article…………………………….
- House passes bill making it easier for condo owners to install solar (CT) April 19, 2024The bill serves as an expansion of the solar rights of members of common interest communities, which include condominiums, community apartments, planned developments, etc. A provision in the State’s Clean Air Act, passed in 2022, already prohibited common interest communities from adopting or enforcing rules that would prohibit community residents from installing solar panels. That law did not, however, include condominiums or housing cooperatives. Read the article…………………………….
- State law passed after Hurricane Ian negates Sarasota’s move to control taller buildings (FL) April 19, 2024Aloophole in Sarasota’s development rules city officials closed last year has been reopened by a state law passed after Hurricane Ian, setting the stage for potential construction of the tallest building downtown and the opportunity for developers to build even more in coming months. Read the article…………………………….
- Regarding who must report Beneficial Owner Information for an incorporated HOA, FINCEN’s FAQ has this to say: (OK) April 18, 2024A homeowners association (HOA) that meets the reporting company definition and does not qualify for any exemptions must report its beneficial owner(s). A beneficial owner is any individual who, directly or indirectly, exercises substantial control over a reporting company, or owns or controls at least 25 percent of the ownership interests of a reporting company. Read the article…………………………………….. Update………………
- Bay Area condo war widens after $1 million units sell for just $32,000 (CA) April 18, 2024The auctioning of several downtown San Jose condominiums has spawned a widening legal war now that a troubled China-based real estate firm has filed a new lawsuit in the increasingly tangled case. China-based Z&L Properties has filed a lawsuit against winning bidders in an auction last week of the downtown San Jose condos, as well as the trustee that conducted the proceeding, Santa Clara County Court records show. Read the article…………………………….
- Beware of Claims Deadlines! Florida Condominiums Have Supplemental and Reopened Claims Statute Deadlines April 18, 2024Florida is the only state to address and provide a statutory definition for a “re-opened claim” or a “supplemental claim.” Florida’s law is not a consumer protection law. Instead, it is an insurance company protection law. The current edition of Florida’s Supplemental and Reopened claims law Read the article…………………………….
- Southbury Zoning Dispute Continues Without Conclusion (CT) April 18, 2024The application before the commission that night was a request for a modification of detailed plans for 455 Main St. North. Joel Kahn, who is the acting president of Old Field, Inc. Homeowner’s Association, said the association would like to turn one of its two handicapped parking spaces into a regular space and add a landscape buffer along the northern end of the parking area for its club house/community building. The association would then repaint the parking spaces. Read the ...
- New law mandates condo inspections for older buildings (FL) April 17, 2024Charlotte County sent notices to owners of 168 condominiums built decades ago that are at least three stories high, informing them the structures must undergo comprehensive inspections under a new state law. Charlotte County Building Official Shawn McNulty explained what the new law means and how it came about during the Board of County Commissioners April 16 workshop session. Read the article…………………………….
- HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) April 17, 2024When 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. Read the article…………………………….
Legal & Legislative News Archives
Case Discussions
- Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL) April 19, 2024The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read the article…………………………….
- Supplemental Claims Don’t Need to Include Damage Estimates, Fed Appeals Court Says (FL) April 17, 2024A federal appeals court has, at least for now, put an end to lingering questions about some property insurance claims litigation: The insured does not need to submit a competing damage estimate when filing a supplemental claim if the policy does not require it. Read the article…………………………….
- Family fighting keep chickens as pets in Waxhaw neighborhood (NC) April 16, 2024A Union County family that was fined for keeping chickens as pets has scored a big win. The family was originally located in a Waxhaw neighborhood. However, neighborhood rules said they couldn’t own poultry, but they could have household pets as long as you don’t make money off of them. Read the article…………………………….
- Do E-mail Exchanges Constitute A Meeting Of The Board? (CA) April 16, 2024In LNSU#1, LLC v. Alta Del Mar Coastal Collection Community Association,94 Cal. App. 5th 1050, 312 Cal. Rptr. 3d 707 (2023), two homeowners in a common interest development argued that their homeowners’ association violated state law governing open meetings when certain directors discussed items of association business by e-mails without giving all association members notice and opportunity to participate in the discussions and without preparing related minutes. Read the article…………………………….
- Major Win for HOAs on Enforcing Restrictive Covenants in Washington April 12, 2024As recorded in the court’s decision, in 2018 the View Ridge Estates amended its CC&Rs to declare that: “No trees or other vegetation, in a view and/or view corridor area, shall be taller than a maximum of fifteen (15) feet …. Taller trees and shrubs are permitted so long as no Member’s view is unreasonably obstructed by the taller trees or shrubs” Read the article…………………………….
- Holding Condominium Developers and Their Principals Liable (NY) April 11, 2024In Board of Managers of the Brighton Tower II Condominium v. Brighton Builder, LLC, the Second Department which overseas Brooklyn and Long Island lower courts, issued a decision which clarifies what condo boards and owners have to establish in order to succeed against sponsors and their principals in construction defect cases. The court offered important clarifications on when condo boards can sue sponsors and their principals, as well as time limits for doing so. Here’s what condo boards and their ...
- MHH Condo/Co-op Digest Vol. VI, April 2024 (NY) April 6, 2024Court Of Appeals Decision Threatens To Upend NYC Property Tax System: On March 19, 2024, the New York State Court of Appeals issued a decision in Tax Equity Now NY, LLC v. City of New York et al., Index No. 153759/2017 (Sup. Ct. N.Y. Co.), opening up a path forward to challenging New York City’s property-tax system on the basis that it allegedly “imposes substantially unequal tax bills on similarly-valued properties Read the article (PDF)…………………………….
- When Negotiations Fail: Forcing Your Association’s Neighbor to Grant a License for Protection May Be the Only Way (NY) April 2, 2024Property managers, take heed! A recent court case highlights the power you have to protect your associations when a neighboring building owner does not cooperate in giving a license for protection on their property so that the association can perform its work . In this case, the court awarded a license fee and mandated typical insurance, but did not reimburse the unneighborly neighbor for any additional professional fees or costs and did not grant any other consideration for the license. ...
- Security firm paying $230K to settle wage-theft case at Chelsea condo (NY) April 1, 2024New York Attorney General Letitia James and city Comptroller Brad Lander on Monday announced a nearly $230,000 settlement with the managers of a Manhattan condo building and a private security firm for underpaying its workers. A joint city and state investigation found that Allied Universal Security Services had for years been underpaying its security guards at 540 W. 28th St. — a luxe condo called +Art, which in 2011 received a 421-a affordable-housing tax break — some of them to ...
- Condo Boards: Know Your Responsibilities to Avoid Liability (NY) April 1, 2024Condominiums have a contractual duty to maintain common elements. While the business judgment rule normally protects condo board members from personal liability if their choices seem unwise, it won’t shield the condo if the board breaches its contractual obligations to owners. Boards who neglect these responsibilities could open the condominium up to significant liability. Read the article…………………………….
Legislative Items
- Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL) April 19, 2024The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read the article…………………………….
- Supplemental Claims Don’t Need to Include Damage Estimates, Fed Appeals Court Says (FL) April 17, 2024A federal appeals court has, at least for now, put an end to lingering questions about some property insurance claims litigation: The insured does not need to submit a competing damage estimate when filing a supplemental claim if the policy does not require it. Read the article…………………………….
- Family fighting keep chickens as pets in Waxhaw neighborhood (NC) April 16, 2024A Union County family that was fined for keeping chickens as pets has scored a big win. The family was originally located in a Waxhaw neighborhood. However, neighborhood rules said they couldn’t own poultry, but they could have household pets as long as you don’t make money off of them. Read the article…………………………….
- Do E-mail Exchanges Constitute A Meeting Of The Board? (CA) April 16, 2024In LNSU#1, LLC v. Alta Del Mar Coastal Collection Community Association,94 Cal. App. 5th 1050, 312 Cal. Rptr. 3d 707 (2023), two homeowners in a common interest development argued that their homeowners’ association violated state law governing open meetings when certain directors discussed items of association business by e-mails without giving all association members notice and opportunity to participate in the discussions and without preparing related minutes. Read the article…………………………….
- Major Win for HOAs on Enforcing Restrictive Covenants in Washington April 12, 2024As recorded in the court’s decision, in 2018 the View Ridge Estates amended its CC&Rs to declare that: “No trees or other vegetation, in a view and/or view corridor area, shall be taller than a maximum of fifteen (15) feet …. Taller trees and shrubs are permitted so long as no Member’s view is unreasonably obstructed by the taller trees or shrubs” Read the article…………………………….
- Holding Condominium Developers and Their Principals Liable (NY) April 11, 2024In Board of Managers of the Brighton Tower II Condominium v. Brighton Builder, LLC, the Second Department which overseas Brooklyn and Long Island lower courts, issued a decision which clarifies what condo boards and owners have to establish in order to succeed against sponsors and their principals in construction defect cases. The court offered important clarifications on when condo boards can sue sponsors and their principals, as well as time limits for doing so. Here’s what condo boards and their ...
- MHH Condo/Co-op Digest Vol. VI, April 2024 (NY) April 6, 2024Court Of Appeals Decision Threatens To Upend NYC Property Tax System: On March 19, 2024, the New York State Court of Appeals issued a decision in Tax Equity Now NY, LLC v. City of New York et al., Index No. 153759/2017 (Sup. Ct. N.Y. Co.), opening up a path forward to challenging New York City’s property-tax system on the basis that it allegedly “imposes substantially unequal tax bills on similarly-valued properties Read the article (PDF)…………………………….
- When Negotiations Fail: Forcing Your Association’s Neighbor to Grant a License for Protection May Be the Only Way (NY) April 2, 2024Property managers, take heed! A recent court case highlights the power you have to protect your associations when a neighboring building owner does not cooperate in giving a license for protection on their property so that the association can perform its work . In this case, the court awarded a license fee and mandated typical insurance, but did not reimburse the unneighborly neighbor for any additional professional fees or costs and did not grant any other consideration for the license. ...
- Security firm paying $230K to settle wage-theft case at Chelsea condo (NY) April 1, 2024New York Attorney General Letitia James and city Comptroller Brad Lander on Monday announced a nearly $230,000 settlement with the managers of a Manhattan condo building and a private security firm for underpaying its workers. A joint city and state investigation found that Allied Universal Security Services had for years been underpaying its security guards at 540 W. 28th St. — a luxe condo called +Art, which in 2011 received a 421-a affordable-housing tax break — some of them to ...
- Condo Boards: Know Your Responsibilities to Avoid Liability (NY) April 1, 2024Condominiums have a contractual duty to maintain common elements. While the business judgment rule normally protects condo board members from personal liability if their choices seem unwise, it won’t shield the condo if the board breaches its contractual obligations to owners. Boards who neglect these responsibilities could open the condominium up to significant liability. Read the article…………………………….
College of Community Association Lawyers
Since 1993, the Community Associations Institute has recognized excellence in the practice of community association law through the College of Community Association Lawyers (CCAL). Of the thousands of attorneys practicing community association law in the United States, fewer than 150 have been granted membership in the College. Members of the College distinguish themselves through contributions to the development of community association law.