The Florida Legislature looked favorably upon electric vehicle owners this session when it approved House Bill 841; a community association law affecting many aspects of community living including detailed new provisions to accommodate electric cars. A preamble to the new law says: “The Legislature finds that the use of electric vehicles conserves and protects the […]
Short Term Rentals – Commercial Use? (WA)
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Certainly an obvious and risk-averse approach is to record an amendment to the declaration either prohibiting rentals altogether, capping rentals, or otherwise […]
Continuing Legislative Review (FL)
Today’s column is the third installment of our annual review of the new laws affecting condominium associations and will begin to review the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the condominium laws involving official records, websites, financial reports, meeting notices, term limits, […]
WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees (WA)
WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
Electric Vehicle Charging Systems in Condos (ON)
There has been a lot of talk about electric vehicles in condominiums lately, despite the fact that electric vehicles still represent less than 1% of passenger vehicles in Ontario. The Ontario government hopes to increase the number of electric vehicles on the roads and has created new legislation to make it easier for owners and […]
WUCIOA – What is it, and why should my community association care? Topic 6: Actions without Board Meetings
WUCIOA provides a limited ability for Boards to take action by email . (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
No, You Don’t Own Your Condo Parking Spot
A relatively common request fielded by condominium associations is from owners wanting to sell their parking spot to another owner. While many owners may believe they own their parking space, parking spaces are almost universally classified as limited common elements that are assigned to a particular unit. While this means unit owners have many of […]
WUCIOA – What is it, and why should my community association care? Topic 5: Electronic Notice (WA)
WUCIOA provides for electronic notice to members who “opt in” to such notice. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
Tips for Preventing HOA Election Fraud
HOA governing boards resemble small democracies. A community elects representatives to oversee the daily interests of the condominiums, planned unit developments, and cooperatives they serve. Electing the right governing board is vital. Board members supervise critical infrastructure maintenance operations of the association, construct the community’s budget and collect annual fees along with many other functions. […]
Defects in Strata Buildings – the strata building bond explained
Defects in newly constructed high-rise developments are becoming more and more prevalent, especially in Sydney. With the aim of addressing this, there are now new obligations on property developers in New South Wales pursuant to Part 11 of the Strata Schemes Management Act 2015. Read the article……………….
Magic in Mediation
If Kathleen (Kat) Marquis designed a t-shirt, it would probably say something like “Mediate, don’t Litigate”. An attorney who specializes in mediation, Marquis believes passionately in its effectiveness and desirability as an alternative to litigation – an alternative that she thinks works especially well for condominiums. “It is the only dispute resolution process that preserves […]
How Much Should Our Association Have in Reserves? Fully Funded, Partially Funded or Under Funded is the Better Question.
One of the most widely asked question by the condo community association board Treasurer is how much should be in the reserves. Another typical question which is essentially the same is “How much should our association put away into the reserves as a part of our annual budget”? The answer is far from simple especially […]
Top 10 Ways to Drive UP Homeowner Engagement in Your Community Association
Why do people choose a community association such as a condo, townhome or homeowner association? Is it because they want a maintenance-free living experience and chances to meet and mingle with neighbors? Or, are they looking to feud with people about noise issues such as barking dogs, revving motorcycles and upstairs neighbors walking in high […]
Confidentiality Of Unit Owner Contact Lists; Where Will We End Up? (IL)
In recent months, we have seen a legislative tug of war over the confidentiality of unit owner contact lists. This all started with changes to Section 19 of the Illinois Condominium Property Act that took effect on January 1, 2018 requiring that associations include every unit owner’s email address and phone number on the unit […]
Three Steps for Effective Community Association Annual Meetings
1. Planning A. As far in advance as possible (preferably immediately after last annual meeting). Set date (must comply with Bylaws) Reserve meeting space (and tables, chairs, audio-visual equipment, podium and microphone) Give date to Association attorney Put notice of date in ALL newsletters Read the article……………..
Are Co-op Board Members At Risk of Being Sued? (NY)
“Board members get sued on a regular basis as an act of extortion by a plaintiff wanting to get the board to act in a particular way,” attorney Stuart Saft, the chairman of the Council of New York Cooperatives and Condominiums and a partner at Holland & Knight, tells the New York Times. Read the […]
Out with the Old and In with the New (ON)
On May 1, 2018, the Ministry of Government and Consumer Services (the “Ministry”) released updated versions of the Preliminary Notice of Meeting and the Notice of Meeting forms. The updated Preliminary Notice and Notice of Meeting forms can be found here on our website. Read the article…………….
An Error of Law and the Credibility of the Civil Resolution Tribunal (BC)
The Civil Resolution Tribunal has made a serious error of law. The error is straightforward and clear. Over a number of decisions, the CRT has attributed words to the British Columbia Court of Appeal that are, instead, the words of the British Columbia Supreme Court. The seriousness of this error is threefold. First, the CRT […]
New Appellate Case: “Must Our Condo Association Buy Flood Insurance?” (NC)
What insurance must be purchased by an association can usually be determined by reading the governing documents and relevant NC statutes (and consulting an experienced community association insurance professional!). The NC Condominium Act details what insurance must be purchased by a condominium association created on or after October 1, 1986 (other statutes provide for insurance […]
Taking Care of Business: A Strata Council’s Guide to Governing Short-Term Vacation Rentals (BC)
California Dreaming is a 120-unit residential strata corporation in Vancouver, British Columbia. Like many strata corporations, California Dreaming is grappling with increasing reports of owners using their strata lots for short-term vacation rentals. The Strata Council has also started receiving complaints from owners who are concerned with compromised building security, insurance coverage, and diminished enjoyment […]
Illinois App. Court (1st Dist) Rules HOA Lien Extinguished by Payment 1 Year After Foreclosure Sale
The Appellate Court of Illinois, First District recently held that a foreclosing mortgagee’s payment of post-foreclosure sale assessments nearly a year after the sale date confirmed the extinguishment of a condominium association’s lien for pre-sale assessments created under the Illinois Condominium Property Act. In so ruling, the First District found that the plain language of […]
New Maryland Law Prevents Shortening Statute of Limitations Applicable to Claims for Condominium Construction Defects
A new Maryland law prevents developers from shortening the time period within which condominium associations and their unit owner members can assert claims for hidden construction defects in newly constructed condominiums. The legislation known as HB 77 and SB 258 passed both houses of the Maryland General Assembly and was signed into law by Governor […]
Court Denies Developer’s Attempt to Terminate Pre-Construction Condo Purchase Agreement
After a developer attempted to unilaterally terminate a pre-construction agreement of purchase and sale because of delays in approvals and construction, the purchasers of a unit were successful in obtaining a court order for specific performance, which compelled the developer to close the transaction. (Jones v. 2341464 Ontario Inc.) Read the article………………
Continuing Developments in Nevada HOA Lien Litigation
Recently, in Nationstar Mortgage, LLC, vs. Saticoy Bay LLC Series 2227 Shadow Canyon, the Nevada Supreme Court issued a decision following a line of cases stemming from the analysis in SFR Investments Pool, LLC vs. U.S. Bank N.A., which holds that non-judicial foreclosures by homeowner associations (HOAs) can extinguish a first deed of trust. In […]
Choosing the Right Registered Agent For Your Community Association (VA)
Under Virginia law, Virginia corporations must maintain a registered agent at all times. A registered agent is a vital contact point for any entity for receipt of service of process of law suits and other legal proceedings, as well as for notices from or necessary documents to be filed with the Commonwealth of Virginia. As […]
The Dish On Satellite Dish Antennas: Interplay Between Community Association And Federal Communications Commission Regulations
As many people who live in communities operated by a community association know, one of the advantages, or disadvantages depending on who you ask, is that the association typically has the authority to regulate the improvements that are made by residents within the community. This authority will keep the purple house out of your neighborhood […]