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It’s the Seventh Inning Stretch……Let’s See Where We Are (CO)

As we are approximately at ¾ of the way through the 2016 Regular Session of the Seventieth General Assembly, which is set to adjourn on May 11, 2016, we thought it was time to provide the seventh inning stats.  Since

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Changes in Nevada HOA Legislation

If you own a home with a mortgage, you already know one type of lien: your mortgage. However, there are other types of liens that can be placed on homes, such as HOA assessment liens. Nevada recently changed its laws

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2016 (FL) Legislative Session Ends With No Major Community Association Bills Passing

The 2016 Legislative Session ended last Friday, with no major community association legislation passing. Although a number of condominium and HOA related amendments were filed during the last week of session to HB 1187 and SB 1050, Relating to the

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House bill could damage Florida’s real estate recovery

It was John Kenneth Galbraith who once said, “Nothing is so admirable in politics as a short memory.” It appears as though our Legislature is suffering from a mild case of amnesia when it comes to the recovery of the

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Association Homeowners’ Protection Act clears Senate panel (NJ)

The Association Homeowners’ Protection Act would require homeowners associations to make available within one or two business days a roster of current board members with an email contact for each, board election dates and candidate application forms, the most recently

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Legislation would give more rights to condo owners in association disputes (IL)

When Lisa Carlson stopped paying her condominium dues six years ago, all she wanted was to force her homeowners association to fix a leak that was damaging her unit as she was trying to sell the property.    Read the

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House Bill 1133 Unanimously Killed in Committee (CO)

This is the ninth year I have worked on HOA legislation in Colorado. In all of those years, I have never seen so much “stuff” packed into one bill as was packed into House Bill 16-1133 (‘HB 1133″). On Monday,

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Keeping an Eye on HB 1357, Relating to Community Associations (FL)

One of the bills that is still being considered in Tallahassee this year is HB 1357, Relating to Community Associations. Among other things, the bill requires condominium associations with 500 or more units and homeowners’ associations with 7500 or more

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Bill Introduced to Expand Authority of HOA Information and Resource Center (CO)

Representative Su Ryden (D-Aurora) has introduced House Bill 16-1217 (“HB 1217”). The bill expands the rulemaking authority of the Director of the Division of Real Estate and requires the HOA Information Officer to create statewide lists of election monitors and

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Condo records bill teed up for Senate vote Thursday (MA)

The Massachusetts Senate on Thursday is poised to take up legislation aimed at addressing what critics call a “toothless tiger” – the state law requiring condominium boards to produce records for any condo unit owner who requests them.   Read the

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Relief for Poinciana may come in Tallahassee (FL)

Poinciana residents who are at odds with the Association of Poinciana Villages, their homeowners association, received good and bad news over the past week.  In Tallahassee, local state legislators Mike La Rosa, R-St. Cloud, and John Cortes, D-Kissimmee, have co-sponsored

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No Regulation of HOAs by DBPR this Legislative Session in Florida

Yesterday, the Senate Regulated Industries Committee failed to approve SB 1122, Relating to Homeowners’ Associations. The bill would have required all homeowners’ associations to pay $2.00 per parcel for the purpose of authorizing the Department of Business and Professional Regulation

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HOA trade group fights bill that would ease ham radio restriction

Community Association Institute, whose 1,100 Illinois chapter members include association managers, board members, and unit owners, says the Amateur Radio Parity Act is “unnecessary” because the Federal Communications Commission has said it will not get involved with HOA rules that,

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South Carolina Publishes HOA Report for Legislative Changes

The Committee of the South Carolina Assembly that has been holding hearings on HOA issues has released it’s report.  The PDF can be seen below: Download the PDF file .

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C.A.T. Update

Previously in this blog (specifically, here) we discussed the new non-profit, self-financed tribunal to be established by the proposed Condominium Authority under the provisions of the Protecting Condominium Owners Act, 2015, (AKA Bill 106), which is to be known as

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New Florida Bill Seeks to Bring Regulations to HOAs that Have Previously Only Applied to Condo Associations

Community association attorneys are often asked about the lack of uniformity in the Florida laws and regulations for condominium associations and those for homeowners associations. There are many differences between the statutes governing condominium associations and those for HOAs, and

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(CO) Bill Introduced to Require Pre-CCIOA Communities to Comply with Budget Ratification Provision of CCIOA

Representative Jovan Melton (D-Arapahoe County) has introduced House Bill 16-1149 (HB 1149) which would require HOAs created before July 1, 1992, to comply with the budget ratification provision in CCIOA.   Read the article…………

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Maryland General Assembly Again Considers Legislation To Protect Condo Owners’ Rights of Action Against Developers

Legislation has again been introduced in the Maryland General Assembly to prevent developers from including provisions in condominium governing documents that limit the developer’s liability for construction defects. Read the article………….

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Community Association Institute (CAI) Joins Forces with the Community Advocacy Network (CAN) in the Fight Against Specially Taxing Homeowners – Vote No HB 203/SB 722

ORLANDO, FLORIDA (PRWEB) JANUARY 24, 2016 “CAI’s Florida Legislative Alliance has been advocating for strong public policy in Florida’s communities for decades and this partnership is part of our grassroots advocacy efforts to educate legislators on the negative implications HB

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Attack of the Zombie Bills, or is there a glitch in the Matrix? (CO)

It all depends on your personal point of view.  From an outsider’s point of view, it seems that the motto of many legislatures is that if at first you don’t succeed, try, try again. As was detailed yesterday, of the

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NC Community Association Legislative Roundup – May 14, 2015

Thursday, April 30, 2015 was the all-important “crossover deadline” in the North Carolina General Assembly. Without getting too much into the weeds, bills that are “non-budget” must generally have passed one chamber or the other by the crossover deadline to

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Bill to protect fake grass in HOAs advances (CA)

A bill that would allow Californians who live in homeowner associations to replace their lawns with artificial turf, without fear of fines, easily passed its first hurdle in the state Assembly on Wednesday.  By a 7-0 vote, the Assembly Housing

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Bill would prevent HOAs from barring Nevada flag

Lawmakers are considering a bill that would prevent homeowners associations from barring the Nevada state flag.  Republican Assemblyman Lynn Stewart is sponsoring AB301, which was discussed Tuesday in a Senate Judiciary Committee meeting.     Read the article…………

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HOA Bills (CO) Dropping Like Flies in Final Days of Legislative Session

The 2015 legislative session of the Colorado General Assembly ends today.  In the final few days, the following HOA-related bills were killed in the Senate:     Read the article…………

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Construction Defect Reform Still Not Over (CO)

Even though the State legislature seemed to end the debate, at least for this year, by postponing indefinitely any further debate on SB 15-177, the issues are far from settled.   Read the article………..

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HOA law (SC) down but not completely out

Broad-based legislation regulating homeowners associations won’t get through the S.C. General Assembly this year, but that doesn’t mean the session will end next month with a big zero in the scorecards of those who support it.  Rep. Nelson Hardwick, R-Surfside

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New bill (NC) would garnish tax returns for past due HOA fees

Under North Carolina law, if you live in a neighborhood that has a homeowner association and you don’t pay your dues, that HOA can foreclose on your house.  But now a new bill has been introduced in the North Carolina

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Would Construction Defects Reform Have Helped Colorado’s Housing Crunch?

A measure to make it more difficult for condo owners to sue developers over defects from construction died during the state Legislature’s final full week in session.  Beyond developer support, affordable housing advocates had thrown their support behind the bill.

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Florida House Adjourns Sine Die: CALL Alert for April 28, 2015

In a surprise move, the House of Representatives adjourned “sine die” today. The 2015 Legislative Session was scheduled to last until Friday of this week, although we knew that there would be a special session or an extended session because

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Denver (CO) could be the next city to push for local construction-defects reform

With construction-defects reform dead at the statewide level for 2015, the fight is likely to shift now to Colorado cities willing to test local reform laws — including Denver, which could be among the leaders in that movement.    Read

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Construction lawsuit change defeated in Colorado House

A long-awaited bill to make it harder to sue Colorado homebuilders for defective construction has failed in the Colorado legislature.  The bill was rejected Tuesday by a House committee controlled by Democrats. The measure would have revised procedures for construction

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11th-hour plea made to keep Colorado’s construction-defects bill alive

Affordable housing advocates and metro area mayors — most notably Denver Mayor Michael Hancock — made a last-minute plea to state lawmakers Monday morning to give a bill that would revamp Colorado’s construction defects statute a “fair hearing” in the

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North Carolina Community Association Legislative Roundup

April 14 at 5 pm was the deadline for filing legislative proposals for this session other than appropriations or finance bills. Since most all bills that could impact North Carolina homeowner or condominium associations have now been filed, let’s take a look at them.   Read the

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Legislation to Establish a Pilot Program to Mediate Condominium Disputes (CT)

CCOC has worked very hard during the past several years to try to get legislation passed that gives unit owners a quick and much less expensive alternative to filling a lawsuit against the Association in Superior Court. Unfortunately, primarily because

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Manager Licensure Clean-Up Bill Sails Through House Committee (CO)

Yesterday, under the stewardship of Representative Angela Williams who is the Chair of the House Business Affairs & Labor Committee, House Bill 1343 sailed through that Committee with unanimous bipartisan support! The bill will now be considered by the House

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Proposed WA strata law reform could be sustainability boon (West Australia)

Proposed changes to Western Australia’s strata laws could increase the amount of dense mixed-use infill development and make it easier for residents to put sustainability features like solar panels on their roofs, advocates of the reforms say. However, there is

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31 Bills Affecting Owners Associations Under Consideration by Texas Legislature

Thirty-one bills affecting property owners associations have been filed in the 84th Texas legislative session, which officially ends June 1, 2015. Sixteen of the bills were heard before committee on April 14, 2015. Although some of the bills intend to

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Construction Defect Bill Faces Major Problems in House (CO)

Yesterday, as expected, the Colorado Senate passed Senate Bill 177 on third reading and the bill is now headed to the House for consideration. While the spin put on this bill by the Metro Mayors Caucus and Denver Chamber of

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Maryland General Assembly Passes Bill That Will Limit Condo and Homeowner Association Liability For “Errors and Omissions” In Resale Certificates

A bill that was originally intended to limit fees charged by condominium associations for providing resale certificates has passed both houses of the Maryland General Assembly with amendments that limit the association’s liability for inaccurate information contained in those certificates.

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Condo defects bill moves out of the Colorado Senate to the House

Condo developers scored a victory in the state legislature Tuesday as a bill limiting construction defects lawsuits passed the Republican-held Senate. But the celebration may be short lived as it moves to the House. House Speaker Dickey Lee Hullinghorst wants

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HOA oversight bills DOA in Tallahassee (FL)

Homeowners hoping for more state oversight of the association boards that rule their communities are out of luck this year as legislation to increase scrutiny of HOAs died for lack of support in Tallahassee.    Read the article………..

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Condo bill passes House Finance & Tax on party-line vote (FL)

A bill to continue Great Recession-era relief to homebuilders and bulk buyers of bank-owned condominiums was approved in House Finance & Tax during a Monday afternoon meeting held specifically to consider the proposal.     Read the article……….

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Mezuzah restrictions, anti-Semitism, and the definition of a doorpost

Did you know that some condominium associations may have the right to keep a homeowner from posting a mezuzah at the doorway entrance?  It happened to Barbara Cadranel of Stratford, CT. In 2012, she received a stern letter from her

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Six homeowner association bills signed (UT)

This legislative session Utah Gov. Gary Herbert signed six laws changing the way homeowner associations operate, including how they deal with rental units, conduct board meetings and make disclosures.  The six bills are multi-faceted pieces of legislation and impact the

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Manager Licensure Clean-Up Bill Introduced with Bipartisan Support (CO)

House Bill 15-1343 (“HB 1343”) has just been introduced in the Colorado House of Representative to clean-up and improve the manager licensure law which is currently on the books. Given the bipartisan nature of this bill, there is plenty of

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FHFA Counsel Testifies on Super-Priority Liens in Nevada State Legislature

Alfred M. Pollard, general counsel for the Federal Housing Finance Agency (FHFA), testified on Tuesday before the Nevada State Legislature Judiciary Committee on so-called “super-priority liens” and on recently introduced legislation to amend the way the foreclosure process is handled

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North Carolina Community Association Legislative Roundup

Ah. Flowers are blooming. Birds are chirping. Community association legislative proposals are being filed. It must be spring!  Both the North Carolina House and Senate are back in full swing with the two-year 2015-2017 legislative session. While there are numerous

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Maryland House of Delegates Passes Legislation That Would Drastically Limit The Liability Of Condo Councils In Claims For Fraudulent Or Inaccurate Resale Certificates

By a vote of 140-0, the Maryland House of Delegates passed an amended version of HB1007, which, as discussed in my prior post, was intended to limit the fee charged by condominium councils of unit owners for providing required information

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Nevada lawmakers aim to delegate HOA disputes to lower level

Lawmakers who say they’re tired of deciding landscaping, parking and trash can disputes are trying to delegate homeowner association legislation to a more local level.  Republican Assemblyman Ira Hansen presented AB233 on Thursday. The bill would remove the chapter of

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Governor Signs H.B. 98, S.B. 80 & S.B. 206 – More New HOA Laws for Utah

Governor Herbert signed three more new condo laws and new community association laws in the last few days. H.B. 98 dealing with association rentals and fines will become law. S.B. 80 making minor modifications to the reserve statute   Read more……….

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