4,800 Claims Handled by Unlicensed Adjusters in Florida After Irma, Lawsuit Says

In one of the suits, brought by a Miami condominium association, the plaintiffs produced records they said showed that after Hurricane Irma, almost 4,800 claims for Heritage Property & Casualty Insurance Co. were handled by unlicensed adjusters. Of almost 35,000 Heritage claims after Irma and Hurricane Michael, in 2017 and 2018, some 14% were handled […]

FinCen Confirms CTA Applies to Associations

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 […]

Banks fail to get Villas West lawsuit dismissed (AZ)

A 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 […]

Unhappy neighbors. Vacant lots. NC community for ‘patriots’ off to a rocky start

When developers launched 1776 Gastonia, the 55-plus housing community for “patriots,” in the Charlotte area last year, they said it was just the beginning of a “grassroots movement.”  With street names like Paul Revere Drive and Constitution Lane, 1776 Gastonia invokes vague stars-and-stripes imagery to appeal to its target audience: patriotic citizens looking to achieve […]

Is Your Co-op Vulnerable to Unauthorized Pets? The Pet Law is a Beast (NY)

In 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 […]

Gov. Jared Polis signs bill to protect Colorado’s home-based businesses from HOAs

Gov. Jared Polis signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session.  Under Senate Bill 134, a home-based business must still comply with the HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. […]

Resident seeks responsive HOA for Greens at Wyoming

Residents of The Greens at Wyoming are attempting to get control of their neighborhood after they say their concerns have been ignored by an out-of-state homeowners association.  The neighbors have a list of complaints: Most of the roads in the development — established in 2005 — remain unfinished, with sewer lids sitting high above the […]

Ocean City Condo Complex Shut Down Amid Safety Concerns (MD)

An Ocean City condominium complex with a history of alleged structural problems dating back more than 40 years has been declared unsafe and was closed down by the city.  Ocean City’s construction official issued “unsafe structural notices” and ordered the Seaspray condos to be vacated until repairs can be made, city spokesman Doug Bergen said.  […]

Bay Area condo war widens after $1 million units sell for just $32,000 (CA)

The auctioning of several downtown San Jose condominiums has spawned a widening legal war now that a troubled China-based real estate firm has filed a new lawsuit in the increasingly tangled case.  China-based Z&L Properties has filed a lawsuit against winning bidders in an auction last week of the downtown San Jose condos, as well […]

Hawaii’s Insurance Crisis as Premiums Nearly Quadruple

Sue Savio, president and owner of Insurance Associates and former president of the Hawaii Independent Insurance Agents Association, told Insurance Business America that insurance costs for condominiums have risen by 100 percent to 1,000 percent in certain areas.  Cj Paet, vice president of operations for Cadmus Properties, told local news website KITV 4 Island News […]

Do E-mail Exchanges Constitute A Meeting Of The Board? (CA)

In LNSU#1, LLC v. Alta Del Mar Coastal Collection Community Association,94 Cal. App. 5th 1050, 312 Cal. Rptr. 3d 707 (2023), two homeowners in a common interest development argued that their homeowners’ association violated state law governing open meetings when certain directors discussed items of association business by e-mails without giving all association members notice […]

Laketown Wharf Condominium Association’s response to evacuations (FL)

The Laketown Wharf Resort Condominium Association has responded to the mandatory evacuation of 63 units.  The owner’s association attorney is Brandon Burg. Burg issued a statement Friday morning saying they’ve hired an engineer to inspect the 2-stairwells deemed structurally unsound by Panama City Beach inspectors.   Read the article…………………………….

Class-action case challenges POA actions (AR)

A class-action complaint filed Tuesday afternoon in Saline County Circuit Court alleges that the Hot Springs Village Property Owners’ Association has violated the Declaration in real-estate matters.  The suit, Jeffery Atkins et al v. Hot Springs Village POA, is case 63CV-24-477. In an emailed statement, the plaintiffs said: “It is our opinion that the POA […]

What are Florida’s new homeowners association laws? How to find your HOA’s rules

More than 75 million Americans live in subdivisions, condo buildings and other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules.  And Floridians who live in places with homeowner associations now have laws protecting their right to know what their dues are paying for.    Read the […]

Controversy engulfs massive Dobson Ranch HOA (AZ)

Dobson Ranch residents are getting ready to elect three new homeowners association board members after a challenging year that saw revelations of financial problems totaling millions, a failed recall, swelling attendance at board meetings and allegations of nastiness and misinformation.    Read the article…………………………….

Residents of Southern California condo complex living in fear of neighbor

After months of scary incidents and vandalism, some residents of a Long Beach condo complex say they’re tired of living in fear of a neighbor.  Multiple people who live in the Gladys Avenue condo complex spoke with KTLA 5’s Sara Welch, saying that a man has threatened them and broken several windows of the homes […]

HOA Homefront: Why members won’t volunteer (CA)

Filling open HOA board seats is a vexing and discouraging problem for some associations.  There may be reasons why neighbors are not interested in serving.  Could any of the below characteristics describe your association?  Do directors spend many hours each week on HOA business, inspecting the property, observing vendors, and otherwise dealing with the HOA’s […]

Buckhead Condo Residents Riled Up Over Developer’s Plans (GA)

A group of residents living in a historic Buckhead condo complex are concerned about an apartment developer’s possible changes to the property after it bought nearly two-thirds of the units, but the company’s leader says it has no plans to demolish the buildings there.  The condo complex, Huntington Arms, is a set of brick buildings […]

Fact Finders: What’s the legality of neighborhood security cameras? (MO)

Neighborhoods from Baltimore to Oklahoma City to Oakland are making news this year for installing security cameras that can read license plate numbers. And now we’re getting a question from a local viewer. Mary Ann wants to know: Is it legal for a neighborhood association to install speed limit signage with cameras that record vehicles […]

Bill Seeks to Clarify Rules Regarding Colorado Metro District and HOA Foreclosures

State law gives metro districts the power to levy fines, fees, and taxes to pay for various construction projects within their territory. However, there is no requirement for metro districts to have a process for residents to dispute the fines levied. Moreover, a metro district could foreclose on a resident’s property if they fail to […]

$50 million assessment at Mountain Green to hit condo owners in July (VT)

Mountain Green condo owners voted in favor of a $50 million assessment to bring the building into the 21st Century, but some longtime owners said their quarterly payments will be so high they can’t afford it and they will be forced out.  An $18 million assessment was approved in 2022, and another $29 million was […]

HOAs are blocking solar panels and native lawns. Here’s how to fight back.

More Americans than ever are running afoul of their HOAs for updating their homes in ways that benefit the environment, adding solar panels, native lawns, EV chargers, clotheslines or gardens. Once a rarity, 84 percent of newly built, single-family homes sold in 2022 were part of HOAs, according to the U.S. Census Bureau.   Read the […]

Security firm paying $230K to settle wage-theft case at Chelsea condo (NY)

New York Attorney General Letitia James and city Comptroller Brad Lander on Monday announced a nearly $230,000 settlement with the managers of a Manhattan condo building and a private security firm for underpaying its workers.  A joint city and state investigation found that Allied Universal Security Services had for years been underpaying its security guards […]

Court asked accelerate to unusual condo-vs-condo case in Key Biscayne (FL)

A Miami judge is being asked to put a quick end to a bizarre dispute in which two luxury Key Biscayne condominium associations are suing each other.  The question? Who pays maintenance fees when an individual property owner falls behind on payments.  A hearing in the year-long lawsuit has been set for April 23 before […]

Watershed ruling changes condo buyout landscape (FL)

Many condo terminations “just won’t work” following a recent appeals court ruling in Florida.  The ones that we have reported on over the past year or so are all likely in some sort of limbo, or dead in the water, sources tell me. Condo buyouts, the precursor to developers terminating associations to eventually develop new […]

Massive fire rips through condo complex in Lomita (CA)

Firefighters were dispatched to battle the fire, located at the Vista Verde Condominium complex in the 2000 bock of Palos Verdes Drive, at around 6:40 p.m., according to the Los Angeles County Fire Department. In all, they say there are around 150 firefighters engaged with the blaze.   Read the article…………………………….

Sisters sue a luxury townhome community’s HOA in effort to save a historic Black cemetery (GA)

The cemetery is at the center of a lawsuit brought by descendants of people buried there against the homeowners association that owns the property. The lawsuit alleges the luxury townhomes’ HOA has failed to maintain the property as required, allowing nature to envelop the site and render it almost unrecognizable.    Read the article…………………………….

Who Was Robert and Why Do his Rules Rule?

As an attorney and professional parliamentarian, I’m sometimes asked, “Who was Robert and why do his rules rule?” It’s a timely question. Henry Martyn Robert, the original author of Robert’ Rule of Order, died 100 years ago on May 11, 1923. Since that time, versions of his parliamentary manual have come to dominate meetings.   Read […]

More than 80 condo buildings due for milestone inspections in Volusia County (FL)

In Volusia, county officials are preparing to implement and review milestone inspections for 86 buildings following a new state law.  Senate Bill 4–D was created in response to the collapse of Champlain Towers South in Surfside, Florida in 2021. The bill established milestone inspections, which assess the structural integrity of aging condominiums.   Milestone inspections are […]

Associations argue for tossing of PPP lawsuit (CO)

Lawyers for condominium associations based in Aspen, Snowmass Village and resort towns elsewhere in Colorado recently introduced court pleadings arguing for the dismissal of a civil-fraud lawsuit that alleges the organizations fraudulently obtained funds from the Paycheck Protection Program.    Read the article…………………………….

Oakland HOAs are quietly installing surveillance cameras to watch public roads (CA)

Last October, the city of Oakland announced it would soon be installing 300 automated license plate readers—cameras that monitor public streets and instantly scan vehicle license plates, running them against “hot lists” for stolen cars or vehicles associated with crimes.  But the rollout of Oakland’s big new vehicle surveillance system has gotten bogged down as […]

Miami Beach looks to hire a condo ombudsman (FL)

A call to find city funds to hire a condominium ombudsperson has been referred to Miami Beach’s Finance and Economic Resiliency Committee.  “In order to properly implement the Condominium Assistance Charter Amendment,” the resolution that city commissioners referred says, “the city should create a position for a professional with relevant experience assisting condominium and/or co-op […]