Legal & Legislative News from CAN
- Why Is This Special Assessment Different from All Others and the Need for a Legislative Fix (FL) May 2, 2024Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to respond, a final summary judgment in favor of the association was ordered, This judgment also included two special assessments that were properly levied by the association and remained unpaid. Here is where things begin ...
- New Kansas law will allow homeowners to wipe away racist language from property deeds May 2, 2024Racially restrictive deeds and exclusionary covenants are still scattered across the Kansas City metro, embedded deep in the bylaws of homes associations and subdivisions’ rules, even though they can no longer be enforced. Now, property owners have a way to remove the language from the documents. Read the article…………………………….
- Voter-approved changes to debt collection aren’t unconstitutionally vague, appeals court rules (AZ) May 1, 2024The Arizona Court of Appeals on Tuesday rejected a lawsuit filed by debt collectors and homeowners associations that sought to void the debt reforms that voters overwhelmingly approved in 2022 when they passed Proposition 209. The lenders, debt collectors and HOAs alleged that the guidelines for wage garnishment in Prop. 209 were too vague and posed legal and financial risks for debt collectors who were confused about when the protections of the new law went into effect. Read the article…………………………….
- CTA Heats Up with New FAQs, Government and Amicus Briefs and New Draft Legislation May 1, 2024The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of the CTA and, if so, how to report, there has been a flurry of activity: Read the article…………………………….
- RI developer accused of ‘shoddy’ and substandard work ordered to pay over $750K in damages April 30, 2024A Superior Court judge on Monday upheld an arbitration award of more than $750,000 to owners of a condominium complex who say the developer performed shoddy and substandard work when he renovated their building in 2019. Read the article…………………………….
- Co-Ops and Condos Are Exempt From Good Cause Eviction Law (NY) April 30, 2024Good Cause Eviction bills have been bouncing around Albany for years, and most co-op and condo boards have viewed them as a bad idea, one more unwelcome governmental intrusion. The state Legislature has finally passed a Good Cause Eviction bill, but it is limited in scope and, crucially, it will not apply to co-ops and condos. Read the article…………………………….
- Georgia House Bill 220 April 30, 2024On April 23, 2024, Georgia’s Governor Brian Kemp signed House Bill 220 into law, marking a significant shift in how community associations, including condominium and homeowners associations, can handle violations of their covenants Read the article…………………………….
- Florida Governor Signs House Bill 1029 Into Law April 29, 2024This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage. Read the article…………………………….
- What to Do if You Receive a Complaint or Subpoena April 29, 2024If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability. Read the article…………………………….
- NLRB Official Says Colorado HOA Workers Can Vote On Union April 29, 2024A National Labor Relations Board official cleared three employees of a Colorado homeowners’ association to vote on representation by an International Association of Machinists local lodge next month, (balance of story behind subscriber paywall at Law360)
Legal & Legislative News Archives
Case Discussions
- Why Is This Special Assessment Different from All Others and the Need for a Legislative Fix (FL) May 2, 2024Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to respond, a final summary judgment in favor of the association was ordered, This judgment also included two special assessments that were properly levied by the association and remained unpaid. Here is where things begin ...
- Voter-approved changes to debt collection aren’t unconstitutionally vague, appeals court rules (AZ) May 1, 2024The Arizona Court of Appeals on Tuesday rejected a lawsuit filed by debt collectors and homeowners associations that sought to void the debt reforms that voters overwhelmingly approved in 2022 when they passed Proposition 209. The lenders, debt collectors and HOAs alleged that the guidelines for wage garnishment in Prop. 209 were too vague and posed legal and financial risks for debt collectors who were confused about when the protections of the new law went into effect. Read the article…………………………….
- East Vancouver couple prevail over homeowners association on when political signs can go up before election (WA) April 27, 2024Homeowners associations can no longer dictate when residents put up political yard signs thanks to a Vancouver couple’s lawsuit. Under Washington state law, homeowners associations cannot ban people from displaying political yard signs before an election. But the law doesn’t specify how long before. That spurred an argument between Janet and Phil Landesberg and the Fairway Village Homeowners Association that made its way to the Washington Court of Appeals, which ruled in favor of the couple April 9. Read the ...
- an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL) April 24, 2024The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association was faced with a “severe parking problem” and therefore permitted on street parking, despite restrictive covenants prohibiting this activity. The relevant municipal code prohibited on ...
- First-of-Its-Kind Injunction for Florida Condo Owners April 23, 2024This first-of-a-kind appellate ruling places significant limitations on the power and rights of developers to take control of condominium associations, amend the governing documents, and terminate condominiums so they may demolish the condominiums and redevelop the property while running roughshod over the individual property rights of innocent unit owners. Read the article…………………………….
- Accusing Neighbor of Racism Is Not of Public Interest (CA) April 23, 2024Div. Eight of this district’s Court of Appeal held Friday that repeated accusations by owners of a condominium in a six-unit complex of racism and malfeasance on the part of another owner in emails to the homeowners association, an insurance company, neighbors and others, implicates too small and specific of an audience to qualify as a matter of public interest. Read the article…………………………….
- Banks fail to get Villas West lawsuit dismissed (AZ) April 23, 2024A U.S. District Court judge says a lawsuit brought by Villas West Condominium Association against two banks following the loss of hundreds of thousands of dollars can move forward despite attempts by the banks to have it dismissed. According to U.S. District Court records, the condo association filed a lawsuit in Pima County Superior Court in July alleging its former general manager, Jesus Daniel Sotelo, stole checks the association made out to vendors on its Washington Federal Bank account, inflated ...
- Is Your Co-op Vulnerable to Unauthorized Pets? The Pet Law is a Beast (NY) April 22, 2024In the case of 360 E. 72nd St. Owners Inc. v. Wolkoff, a New York State Court in Manhattan handed down a decision regarding pets in cooperative buildings that co-op boards and property managers should beware. The outcome underscores the importance for co-ops to take prompt legal actions when dealing with residents who violate pet-related house rules and the risks of delaying enforcement. Time is of the essence. Read the article…………………………….
- Condominium Construction Defect Lawsuits: When Sponsors Bring Architects into the Fray (NY) April 20, 2024Condominium boards embroiled in construction defect lawsuits against developers (sponsors) often see a further complication arise: the sponsor bringing in the project architects as third-party defendants. Sometimes the condo can sue the project architect directly but many times the focus is on the developer and its members and they point the finger at the architect. This tactic can introduce additional complexities into the condo board’s case against the sponsor. A recent New York case sheds light on this dynamic. Read ...
- 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…………………………….
Legislative Items
- Why Is This Special Assessment Different from All Others and the Need for a Legislative Fix (FL) May 2, 2024Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to respond, a final summary judgment in favor of the association was ordered, This judgment also included two special assessments that were properly levied by the association and remained unpaid. Here is where things begin ...
- Voter-approved changes to debt collection aren’t unconstitutionally vague, appeals court rules (AZ) May 1, 2024The Arizona Court of Appeals on Tuesday rejected a lawsuit filed by debt collectors and homeowners associations that sought to void the debt reforms that voters overwhelmingly approved in 2022 when they passed Proposition 209. The lenders, debt collectors and HOAs alleged that the guidelines for wage garnishment in Prop. 209 were too vague and posed legal and financial risks for debt collectors who were confused about when the protections of the new law went into effect. Read the article…………………………….
- East Vancouver couple prevail over homeowners association on when political signs can go up before election (WA) April 27, 2024Homeowners associations can no longer dictate when residents put up political yard signs thanks to a Vancouver couple’s lawsuit. Under Washington state law, homeowners associations cannot ban people from displaying political yard signs before an election. But the law doesn’t specify how long before. That spurred an argument between Janet and Phil Landesberg and the Fairway Village Homeowners Association that made its way to the Washington Court of Appeals, which ruled in favor of the couple April 9. Read the ...
- an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL) April 24, 2024The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association was faced with a “severe parking problem” and therefore permitted on street parking, despite restrictive covenants prohibiting this activity. The relevant municipal code prohibited on ...
- First-of-Its-Kind Injunction for Florida Condo Owners April 23, 2024This first-of-a-kind appellate ruling places significant limitations on the power and rights of developers to take control of condominium associations, amend the governing documents, and terminate condominiums so they may demolish the condominiums and redevelop the property while running roughshod over the individual property rights of innocent unit owners. Read the article…………………………….
- Accusing Neighbor of Racism Is Not of Public Interest (CA) April 23, 2024Div. Eight of this district’s Court of Appeal held Friday that repeated accusations by owners of a condominium in a six-unit complex of racism and malfeasance on the part of another owner in emails to the homeowners association, an insurance company, neighbors and others, implicates too small and specific of an audience to qualify as a matter of public interest. Read the article…………………………….
- Banks fail to get Villas West lawsuit dismissed (AZ) April 23, 2024A U.S. District Court judge says a lawsuit brought by Villas West Condominium Association against two banks following the loss of hundreds of thousands of dollars can move forward despite attempts by the banks to have it dismissed. According to U.S. District Court records, the condo association filed a lawsuit in Pima County Superior Court in July alleging its former general manager, Jesus Daniel Sotelo, stole checks the association made out to vendors on its Washington Federal Bank account, inflated ...
- Is Your Co-op Vulnerable to Unauthorized Pets? The Pet Law is a Beast (NY) April 22, 2024In the case of 360 E. 72nd St. Owners Inc. v. Wolkoff, a New York State Court in Manhattan handed down a decision regarding pets in cooperative buildings that co-op boards and property managers should beware. The outcome underscores the importance for co-ops to take prompt legal actions when dealing with residents who violate pet-related house rules and the risks of delaying enforcement. Time is of the essence. Read the article…………………………….
- Condominium Construction Defect Lawsuits: When Sponsors Bring Architects into the Fray (NY) April 20, 2024Condominium boards embroiled in construction defect lawsuits against developers (sponsors) often see a further complication arise: the sponsor bringing in the project architects as third-party defendants. Sometimes the condo can sue the project architect directly but many times the focus is on the developer and its members and they point the finger at the architect. This tactic can introduce additional complexities into the condo board’s case against the sponsor. A recent New York case sheds light on this dynamic. Read ...
- 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…………………………….
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.