Legal & Legislative News from CAN

  • AB 634 Signed! Reduced HOA Control of Solar Energy System Installations (CA) October 16, 2017 The Governor has signed AB 634 into law changing HOA control over solar energy system (“Solar”) installations. HOAs may no longer adopt policies and guidelines that prohibit Solar installations on common area roofs protecting HOA property and homes from damage and members are stripped of the right to protect common area property by membership vote. HOA’s must conform to a statewide, one-size-fits-all Solar policy summarized here.    Read the article………………
  • Ham Radio Legislative Activity In The U.S. Senate October 16, 2017 Last week, The U.S. Senate Commerce Committee was scheduled to mark-up S 1534 The Amateur Radio Parity Act (a.k.a. HAM radio legislation) when it was withdrawn from the docket. Florida Senator Bill Nelson and Hawaii Senator Brian Schatz cosponsored and filed an amendment with their fellow Senators on the Senate Commerce Committee. The original Senate bill sponsors, Connecticut Senator Blumenthal and Missouri Senator Roger Wicker are said to have disliked the amendment to their bill, so the bill was pulled ...
  • Can Your Community Association Stop Bullying and Harassment in Their Tracks? (FL) October 16, 2017 Bullying in any form cannot be condoned either in schools, workplaces or communities. While a newly filed bill by Rep. Emily Slosberg (HB 123) has the laudable goal of protecting Florida’s senior citizens from being bullied, just how feasible is it in a community association context? From some of the board and membership meetings I’ve attended over the years, it is not at all easy to spot who is the bully and who is the bullied and the reality is ...
  • We’ve Got a Problem: Statute of Limitations on Long-Term Notes (FL) October 13, 2017 A Florida Supreme Court justice Thursday issued a nearly five-page opinion to point out “the latest symptom of a more serious problem”—a misunderstanding over when the clock starts in foreclosure litigation with multiple defaults and suits.  The confusion centers on whether the date of each missed payment carries any legal significance when calculating lenders’ deadline to bring suit on mortgages and other long-term debt.  The answer: A missed payment does not start the clock on the five-year deadline. But new ...
  • Condo Board Slams Door on Verizon October 12, 2017 In a case that could significantly expand the powers of condo boards, 54 multiple-dwelling properties in New York City refused to grant access to Verizon fiber-optic cable installers. The 63-unit Beekman Regent Condominium, in Manhattan’s Turtle Bay neighborhood, was among them. If the rebuff of Verizon holds up, condo boards will possess a power not available to co-op boards or landlords.  Under the state’s Public Service Law, a cable, telecommunications company, or similar utility can appeal to the Public Service ...
  • Court rules Privé’s sidewalk, built through homeowners’ properties, is illegal (FL) October 12, 2017 A judge has deemed Privé at Island Estates’ sidewalk, built through homeowners’ properties, is illegal, as the years-long war between the condo developers and their Aventura neighbors wages on.  Several nearby homeowners and the Island Estate Homeowners Association had filed suit against the developers in 2014, alleging that the sidewalk constituted trespassing. The developers had argued that they used a utility easement to build the sidewalk.    Read the article……………..
  • Two Harlem condo boards are suing L&M Development (NY) October 11, 2017 Two Harlem condominium boards are suing L&M Development Partners over defects and damage in their buildings, court records show. The suits are part of a larger pattern of litigation that typically crests around six years after co-ops or condos are built.  In 2012 L&M completed the conversion of a turn-of-the-century school at 220 W. 148th St. into a mixed-income condo building with 75 units. During the summer, the board alleged that the roof and portions of the façade leak and ...
  • Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid (FL) October 11, 2017 In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion with lawyers and the Judiciary as the procedure set forth in the initial Proceedings Supplementary statute was so bare and so different from the process in the Florida Rules of Civil Procedure for initiating litigation that many attorneys and Judges ...
  • New Florida HOA Laws: Board Member Term Limits October 11, 2017 Among the major changes to Florida’s condominium laws in 2017 is a new provision mandating term limits for board members. The new legislation marks a significant departure from the past policies for most associations pertaining to the tenures of their board members, and it only applies to condo associations and not HOAs.   Read the article………………..
  • A Rude Awakening: Your Board May Not Have the Right to Screen Leases and Sales at All! (FL) October 9, 2017 Even in the frenzy of post-Irma repairs, ordinary life continues and for most volunteer boards and professional managers that means screening applicants who wish to lease or purchase in their communities.  However, purchase and rental screening has become such a part of the fabric of community association life that some boards and managers have forgotten to confirm the source of authority for such activity. Several boards were recently dismayed when I advised them that they do not have authority either ...

Legal & Legislative News Archives

Case Discussions

  • We’ve Got a Problem: Statute of Limitations on Long-Term Notes (FL) October 13, 2017 A Florida Supreme Court justice Thursday issued a nearly five-page opinion to point out “the latest symptom of a more serious problem”—a misunderstanding over when the clock starts in foreclosure litigation with multiple defaults and suits.  The confusion centers on whether the date of each missed payment carries any legal significance when calculating lenders’ deadline to bring suit on mortgages and other long-term debt.  The answer: A missed payment does not start the clock on the five-year deadline. But new ...
  • Attorneys present oral arguments in Garner lawsuit (AR) October 3, 2017 Attorneys presented oral arguments before the Arkansas Court of Appeals Wednesday in a long-running lawsuit against Hot Springs Village Property Owners’ Association board of directors and the POA.  Representing appellants Gene Garner and Lynda Narug, attorney Phillip Montgomery of Hot Springs told the court’s trio of judges his clients are challenging four issues: The two-tier assessment approved by property owners in February 2014, overlay districts for special development, the use of inventory lots to create an election quorum and the ...
  • Nevada Supreme Court Rules HOA Super-Priority Liens Can Be Revived after Release October 3, 2017 Homeowners’ associations have a more robust tool for forcing mortgage lenders to pay delinquent assessments following a September 14 decision by the Nevada Supreme Court. Nevada HOAs have enjoyed a super-priority lien under NRS 116.3116 for nine months of unpaid assessments preceding institution of foreclosure proceedings, in addition to certain charges for maintenance and nuisance abatement. In Property Plus Investments, LLC, v. Mortgage Electronic Registration Systems, Inc., the court found that this super-priority lien is not a “one-shot offer,” but ...
  • Judge tosses key claims in Centennial suit (CO) October 3, 2017 The Aspen-Pitkin County Housing Authority, the city of Aspen and Pitkin County are not responsible for hundreds of thousands of dollars in repairs needed to fix problems at the Centennial affordable-housing complex that include water infiltration and mold, a judge ruled Monday.  The long-awaited, highly technical ruling is a major victory for APCHA after it and the upper valley governments were sued for negligence by the Centennial homeowners association in 2015. The HOA members cited long-standing problems stemming from rotted ...
  • Wisconsin appellate court denies insurance coverage to a contractor because work was performed on a building that had synthetic stucco September 30, 2017 A slew of lawsuits has plagued the construction industry regarding the use of exterior insulation and finish systems, also known as EIFS or synthetic stucco. Insurance companies were historically required to pay money towards those claims under standard commercial general liability policies. As they did in response to lawsuits involving asbestos and environmental contamination, insurance companies reacted by changing their policy language to limit or eliminate their liability for synthetic stucco claims.  The Wisconsin Court of Appeals, in Kaitlin Woods ...
  • Colorado Supreme Court Hears Oral Arguments in Case That Could Pose Threat to Metropolitan Districts September 29, 2017 On September 20, 2017, the Colorado Supreme Court heard oral arguments in UMB Bank v. Landmark Towers Association, 2016SC455. The case was brought by the homeowner’s association of a condominium development regarding a TABOR election that took place several years ago. The purpose of the election was to form a metropolitan district that could issue bonds to finance new development and infrastructure in the area. The legal questions before the court concern when the results of a TABOR election are ...
  • Judge rejects attempts to end Ramapo Mountain Lakes lawsuit (NJ) September 28, 2017 A Superior Court judge rejected attempts Thursday to put an end to a controversial dues lawsuit that has roiled a former summer resort community in Oakland since the beginning of the year.  Judge Christine Farrington denied a motion by Ramapo Mountain Lakes, Inc., or RML, for a summary judgment that would have ordered 1,645 property owners in the 700-acre site to pay annual membership dues, even though many residents argue they were never notified of their obligations and should not ...
  • Privé Island Scores Yet Another Legal Victory With Judge Rulings (FL) September 28, 2017 Privé at Island Estates, the iconic twin tower residential development on the last developable island in South Florida, announced its second legal victory, ruled by Miami-Dade Circuit Judge William Thomas, on September 20th with granted development access rights through the South Island, Williams Island.  The first victory came on June 5, 2017, when Judge Thomas ruled that the statute of limitations had long expired for the Island Estates Homeowners Association and the Williams Island Property Owners Association to challenge vested ...
  • Case Alert: Emailed Notices of Foreclosure Under In Re Ackah (NC) September 28, 2017 In re Ackah: Must Planned Communities Now Serve Notices of Foreclosure Hearing Via Email?  The North Carolina Court of Appeals issued an opinion on September 5, 2017, that appears to add an additional requirement for foreclosure trustees regarding the due diligence necessary to properly serve the homeowner in an HOA foreclosure proceeding.   Read the article…………….
  • New Jersey Supreme Court Clarifies Statute of Limitations in Construction Defect Cases September 27, 2017 In The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, ___ N.J. ___ (2017), the plaintiff was the Condominium Association that brought suit based upon defects in the condominium building after the Association took over control from the Sponsor and after the Association obtained its own engineering report. Summary judgment on statute of limitations grounds was obtained by the defendants in the trial court; the Appellate Division reversed.   Read the article……………

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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.

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