- FinCen Confirms CTA Applies to Associations April 24, 2024
Although many concluded that the Corporate Transparency Act (“CTA”) applies to homeowners associations, we now have verification of this. On April 18, 2024, the Financial Crimes Enforcement Network (“FinCen”) issued 16 new FAQs and updated two more. Under Category C, question C.10 of the FAQs, a Q&A was added confirming that CTA requirements apply to most homeowners’ associations in the country. Read the article…………………………….
- Effective Committees: Maximizing Use of Community Volunteers (NJ) April 24, 2024
In a typical co-op, condo, or homeowners association, residents have a lot to say about how their building or community is or should be functioning … but few actually step up to run for and serve on the board that does the actual governing. One reason is that board service can be a heavy lift, requiring time, energy, and diplomacy that the average homeowner might be unable or unwilling to give on a volunteer basis. Read the article…………………………….
- Waterproofing Your Building Envelope Protecting Structure & Health (NJ) April 24, 2024
With severe weather events becoming ever more common—and more intense—waterproofing your building’s envelope against rain, wind, snow, and ice is a growing concern. To counter the effects of climate change on buildings both old and new, our main focus must be on maintaining the integrity of the structural envelope. Proper, proactive exterior maintenance saves money on repairs, as well as operational costs like cooling, and heating—and a well-maintained building also provides better comfort for its residents. Read the article…………………………….
- The FTC Announces Non-Compete Ban: A Seismic Shift for Worker Mobility with Legal Challenges (MN) April 24, 2024
The Federal Trade Commission (FTC) creates uncertainty in the U.S. labor market with its recent announcement of a near-blanket ban on non-compete agreements. This bold move, intended to increase worker mobility and competition. The new rule is set to take effect in approximately 120 days, or around August 20, 2024. However, the FTC is expected to face legal challenges that could delay its effective date. Read the article…………………………….
- an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL) April 24, 2024
The 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 ...
- Colorado Senate to consider bill to further regulate towing industry April 24, 2024
Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, believing it was illegal. Read the article…………………………….
- Homeowners look to protect families, pets from coyotes — if HOAs allow it (NV) April 24, 2024
Dangerous encounters with coyotes across the Las Vegas valley have caught the attention of many concerned about the safety of their families and pets. Some residents of the Green Valley community in Henderson have called the neighborhood a “haven for coyotes.” Others admit to being concerned that the animals roam the area. A local company, AR Iron, says it offers a solution. Read the article…………………………….
- Understanding Landscaping Architectural Requirements for Co-owners April 24, 2024
When it comes to maintaining the aesthetic and functional integrity of shared properties, understanding the landscaping architectural requirements is crucial for co-owners. Whether you are part of a homeowners association (HOA), a condominium association, or any other type of residential community, staying informed about these regulations can help you avoid legal pitfalls and ensure your property remains beautiful and compliant. Read the article…………………………….
- Some want homeowners associations to ban short-term rentals like Airbnb after massive weekend party (NE) April 24, 2024
Over the weekend, a party at an Airbnb in Sarpy County near 189th and Briar, with nearly 200 people, lead to a massive law enforcement response. The Sarpy County Sheriff’s Office says they found five guns and marijuana. There was a “help an officer” call and one law enforcement officer had a struggle with one person with a gun, the Sarpy County Sheriff said. Now, concerned about both noise and safety, some living nearby say they want their homeowners’ associations ...
- The intricacies of EV infrastructure remain at odds with condo legislation (ON) April 24, 2024
The electric vehicle landscape is complex, ever-changing and at the cutting edge of technology. For condominium corporations and their owners, this means that there is no one-size-fits-all solution. Unfortunately, the current iteration of the condominium legislation in Ontario, the Condominium Act, 1998, treats the installation of electric vehicle charging stations or electric infrastructure to support such charging stations as binary — i.e. that is to say that there are only two straightforward streams: an installation of infrastructure or communal charging ...
- Increase Annual Meeting Attendance (AZ)
It’s Annual Meeting Season! Our firm has been busy helping clients prepare for and execute successful annual meetings. After all, the Association’s annual meeting is the Association’s TIME TO SHINE! Read the article…………………………….
- Arizona Law Mandates Open Meetings for Planned Communities
In Arizona, homeowners’ associations are governed by a law that promotes transparency and resident participation. The statute, A.R.S. § 33-1804, is part of the state’s Planned Community Act and requires associations to conduct open meetings with only a few narrow exceptions. Subsection (A) of the law sets forth the general rule: all meetings of an association and its board must be open to all members, who are entitled to attend and speak. Read the article…………………………….
- What is HOA Balance Sheet And How To Read Them?
As a member of a homeowners association (HOA), it’s important to understand the financial health of your community. One key document that provides insight into an HOA’s financial position is the balance sheet. In this post, we’ll explain what an HOA balance sheet is, review its key components, and provide tips on how to read and interpret this important financial statement. Read the article…………………………….
- Guiding Arizona Homeowners Associations Through the Federal Corporate Transparency Act Compliance and Reporting
In the ever-evolving legal landscape, homeowners associations (HOAs) and planned communities in Arizona find themselves with some new reporting requirements from the Federal Corporate Transparency Act (“CTA”). This new piece of legislation, aimed at curbing illicit financial activities, necessitates meticulous attention from associations to ensure compliance. As directors, board members, and community managers grapple with these new directives, it becomes imperative to understand the implications of the CTA and embrace a proactive approach to compliance. Read the article…………………………….
- Arizona: The Ultimate HOA Records Retention Guide: What You Need to Know
HOA records retention is not just a procedural formality; it’s essential for effective association management. It’s the cornerstone for continuity, aiding decision-making, and assists in navigating legal processes. Every HOA board member knows the importance of maintaining organized and accessible documents—from board minutes to financial records. What’s more, categorizing these essential records, such as tax returns and maintenance histories, is critical since they hold informational value and are indispensable in legal compliance. Read the article…………………………….
- HOA Codes of Conduct and Why They Are Unenforceable
Codes of Conduct are all the rage in HOAs and condominium communities. Some associations are even attempting to insert these Codes of Conduct into their bylaws, declarations, and other governing documents. There’s just one major flaw with Codes of Conduct — they are invalid and unenforceable. Read the article…………………………….
- What Are the Rules and Regulations of the HOA in Scottsdale, AZ?
Each homeowners association (HOA) and multifamily property is unique. In Scottsdale and all throughout Arizona, you will find various HOAs. Each one may have different laws. There are many rules and regulations that HOAs have and here’s a look at some of them. Read the article…………………………….
- Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned. Read the article…………………………….
- Arizona Court of Appeals Addresses Proximity Damages in State of Arizona v. Foothills Reserve Master Owners Association, Inc.
On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after the State of Arizona condemned their easement interests in the subdivision’s common areas.1 Read the article…………………………….
- Mastering Architectural Guidelines for Arizona HOAs
Architectural guidelines are more than mere regulations. They’re the keystones that shape the character and quality of our communities. These guidelines serve as the compass guiding homeowners and HOA boards alike, ensuring that every change and addition enhances the collective aesthetic and value of the neighborhood. In this comprehensive exploration, we explore the nuances of HOA architectural guidelines, revealing their importance, the critical role of HOA boards in shaping them, and the essential processes involved in their creation and adoption ...
