Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end. Read more……….
How about the latest on Super Lien States, VA loans, and HOAs?
Some astute compliance folks out there have noticed a problem with VA guarantees and judge’s rulings on how Home Owner Associations’ liens come before the mortgage. In VA Guaranty documentation requirements, the VA requires proof that the HOA is willing to subordinate on a loan level prior to guarantying the loan. Read more…………. Scroll […]
FHFA move threatens associations and owners
In late December the Federal Housing Finance Agency (FHFA) released a statement expressing concern about state statutes that allow community associations to obtain lien priority over first mortgages for unpaid association assessments. By asking a federal court to intervene, FHFA is trying to bail out mortgage servicers that have failed to fulfill basic contractual obligations […]
New Condominium Exemption To The Interstate Land Sales Full Disclosure Act
As we previously reported, a significant amendment to the Interstate Land Sales Full Disclosure Act (ILSA) becomes effective on March 26, 2015. HR2600 adds an exemption from registration for a “condominium unit.” This is a so-called “b” exemption, meaning the anti-fraud rules of ILSA will still apply to condominium unit sales. This alert provides an […]
Condominium Units Now Exempt from ILSA Registration
On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA. Read more……..
A Radio Tower in Every Yard?
Most often the Declaration of Covenants, Conditions and Restrictions (also known as the “CCR’s,” “Declaration of Condominium,” “Restrictions,” or by other names) is the highest governing document within an association. Typically, the terms of this document cannot be waived without express authority. After all, the Declaration is a binding contract among the members of the […]
Court Ruling Finds Fannie Mae Does Not Qualify for Safe Harbor Protection from Liability for All Unpaid Assessments in Foreclosure Cases
A recent ruling in Broward County Circuit Court could have significant implications for Fannie Mae and the community associations with units in various stages of bank foreclosure. In the case of Federal National Mortgage Association v. Park Place at Pompano Condominium, the court ruled that Fannie Mae was not entitled to the statutory “safe harbor” […]
Federal Legislation re: Ham Antennas
Last month, U.S. Rep. Adam Kinzinger (R-IL) introduced H.R. 4969, legislation that may invalidate community association rules and architectural standards that govern the installation and use of amateur radio towers and antennas. If H.R. 4969 becomes law, homeowners who want to install a radio tower or antenna for amateur radio use would not have to go through the […]
Flood Plain Facts: How Federal Flood Insurance Can Save Your Co-op / Condo
If your board isn’t up on the two Fs — flooding and federal insurance — you may be inviting trouble. Here’s what you need to know, both in terms of having a flood-insurance policy and in how to collect enough from it to afford repairs and restoration. Read more……..
Freddie Mac Revises Policy on Assessment Delinquencies in Superlien States
CAI National has just published the following statement on a new Freddie Mac policy addressing delinquencies in superlien states. Since Colorado is lucky enough to be a superlien state, this new policy will impact Colorado HOAs. Here is what CAI has to say about the new policy: Read more……
In seeking storm relief, condos and co-ops find not all homeowners are equal
Thousands of condominium and housing cooperative owners whose properties were damaged when Hurricane Sandy battered the East Coast last year learned — after the fact — that they were not eligible for financial grants from the Federal Emergency Management Agency. Read more…..
Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act
The Department of Justice and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One of the types of disability discrimination prohibited by the Act is the failure to design […]
Neither a Community Association Nor its Management Have Liability under the Federal Fair Debt Collections Practices Act
We have had to extricate several of our clients from claims or lawsuits relating to the federal Fair Debt Collections Practices Act (FDCPA). It is well settled law that the FDCPA applies to the collection of delinquent and unpaid assessments for condominium and homeowner associations. However, the FDCPA does not apply to collection efforts which […]