In my time acting as outside general counsel to cooperative and condominium boards, I have become increasingly convinced that the job has been getting harder and harder. Admittedly, this feeling could be just a variation on the so-called Socratic paradox that the more I learn about the role, the more I realize what I do […]
Florida condo crisis: Legislature’s two approaches to fixing association financial woes
New state regulations designed to forestall another deadly disaster like the Surfside condominium collapse have triggered widespread financial calamities for condo dwellers and their associations that the Florida Legislature is trying to fix as the clock runs out. Read the article…………………………….
AI still working on getting Oklahoma solar panel information correct
While there seems to have been a change and now somewhat better info on Oklahoma solar panel law, covenants, and HOAs from a Google “Oklahoma solar panel law” search since our March 6, 2025 blog post, the search still takes you to a website containing incorrect information about Oklahoma law. It’s still a rodeo of […]
Homeowners’ Association accused of Negligence by Injured Minor’s Guardian (FL)
Gustavo Martinez, acting as the guardian for his minor son, has filed a lawsuit against a homeowners’ association in Palm Beach County, Florida. The complaint was lodged on April 9, 2025, by Gustavo Martinez in the Circuit Court of the 15th Judicial Circuit against Cypress Estates of Palm Springs Homeowners’ Association, Inc. This legal action […]
Illinois Court Decision Supports HOA Authority Over Common Area and Lake Access
If you are a board member of a lake community association in Illinois, you have likely faced the challenge of balancing owner enjoyment with protecting the shared use of the lake. But what happens when your declaration and bylaws do not contain express rule-making authority that grants the community association board the power to create […]
Lawsuit Filed Against Richmond Developers, Contractor For Faulty Construction (MA)
The owners of 45A and 45B Beach Grass Road are seeking $350,000 in damages from Richmond Great Point Development and BRT Management in a lawsuit filed last month that reveals the unit owners allegedly discovered several issues of defective construction regarding the structure, grounds of the condominium, and their respective units that have cost thousands […]
HOA Homefront: Here’s a look at HOA bills in the California Assembly (CA)
This year Sacramento has been much more active regarding proposed HOA legislation, with at least nine bills introduced proposing to directly affect HOAs in various ways. The Legislature’s deadline on Feb. 21 for bills to be introduced has long past, but some bills could initially regard HOAs and then be amended to do something else, […]
House bill could get condo owners one step closer to eased financial strain (FL)
The House approved a bill Wednesday that would give condo associations some financial relief. House Bill 913 would allow them to use lines of credit for essential repairs, instead of passing them on to residents. Read the article…………………………….
Texas House passes bill restricting HOA fines for brown lawns
The bill, filed by Round Rock State Rep. Caroline Harris Davila, would prevent HOAs from fining homeowners for brown grass or vegetation when their water supplier asks them to cut back on usage during a drought. Read the article…………………………….
The Future of Community Associations Under Florida’s Changing Laws
Florida’s homeowners’ associations (HOAs) and condominium boards are at the center of a legal transformation. Over the past few years, Tallahassee has enacted significant legislative changes aimed at increasing transparency, financial responsibility, and structural integrity within community associations. These new regulations, while designed to protect residents, also present new challenges for board members and property […]
HOA Owner Properly Denied Attorney’s Fees Because HOA Dismissed Complaint Against Him After Defeating Cross-Claims, So No One Technically Prevailed (CA)
Loma Linda Homeowners Assn. v. Aquino, Case No. D085390 (4th Dist., Div. 1 Apr. 22, 2025) (unpublished) is a study on how lower and appellate courts “do justice,” within the confines of legal principles, in HOA owner and HOA disputes. They are ugly, coming to disparate results—HOA owner wins big, HOA wins big, both sides […]
Could condominiums increase affordability? (OR)
Quite a few Oregon developers, nonprofits, and legislators support creating condominiums of five or more units to help reduce the lack of affordable housing – including in Sisters. Developers and advocates argue that current law disincentivizes condo construction. Read the article…………………………….
House passes condo bill following DeSantis’ criticism (FL)
The Florida House on Wednesday approved in a near-unanimous vote this year’s condominium bill, which Gov. Ron DeSantis has criticized as part of his feud with the chamber’s leadership. With a little more than a week until the scheduled end of the session, House lawmakers approved Miami Republican Rep. Vicki Lopez’s bill, HB 913, which […]
Want to plant water-efficient landscaping but worried your HOA won’t like it? State law is on your side (CO)
A growing number of home gardeners are turning to drought-tolerant plantings – think native plants like yucca, milkweed, or yarrow. For years, many homeowners’ associations in Colorado didn’t make it easy to install xeric landscaping or water-saving tools like rain barrels. But homeowners, state law is on your side. Read the article…………………………….
Marvin J. Nodiff of St. Louis, Missouri (August 27, 1945 – April 18, 2025)
Marvin J. Nodiff, esteemed attorney, author, and beloved member of the Skinker-DeBaliviere community, passed away last week, leaving behind a legacy of service, scholarship, and compassion. He was 79. A pioneer in the field of community association law, Marvin was widely respected for his decades-long career as a trusted attorney and thought leader. He was […]
FinCen Issues Interim Final Rule Removing BOI Reporting Requirement for US Companies and Persons
FinCEN has determined that an interim final rule is the appropriate mechanism to exempt domestic reporting companies and United States Persons who are beneficial owners of foreign reporting companies from the BOI reporting requirements pending the receipt of comments and issuance of a final rule. Read the article…………………………….
Property owners impacted by fires sue CA insurers for colluding to drop coverage in fire-prone parts
Two lawsuits filed in Los Angeles allege major home insurance companies have colluded to limit coverage in California communities at high risk for wildfires and force homeowners onto the state’s last-resort insurance plan that offers basic coverage and high premiums. Insurers, including State Farm and 24 other companies that hold 75% of California’s home insurance […]
Rental Cap Legislation Advances in Indiana: Impact on HOAs and Condo Associations
April 21, 2025 marked a significant day for rental regulations in Indiana. The City of Fishers, Indiana officially passed an ordinance that restricts rental occupancy within residential subdivisions to no more than 10% of the homes. Following public comments from constituents and other interested individuals, many providing passionate remarks on both sides, the City Council […]
The Rise in Judicial Sale Surplus Cases and the Role of Illinois Condominium and Homeowners Associations
In recent years, there has been a notable increase in foreclosure sales resulting in surplus funds due to rising property values. This trend presents opportunities and challenges for Illinois condominium and homeowners associations (HOAs) seeking to recover unpaid assessments and other charges. Read the article…………………………….
6 HOA Laws You Should Know in 2025 (CA)
Homeowner association (HOA) laws have been evolving to keep up with societal and technological changes. It’s essential that HOAs know how to stay compliant and keep governing documents up to date. Read the article…………………………….
Flagstar Bank loses $256k lien in DC condo foreclosure, court rules
In a decision with significant consequences for mortgage servicers and lenders operating in jurisdictions with super-priority lien statutes, the District of Columbia Court of Appeals ruled on April 10 that Flagstar Bank’s mortgage lien on a condominium unit was extinguished by a 2014 foreclosure sale carried out by the building’s condominium association—even though the sale […]
Could condominiums increase affordability? (OR)
Quite a few Oregon developers, nonprofits, and legislators support creating condominiums of five or more units to help reduce the lack of affordable housing – including in Sisters. Developers and advocates argue that current law disincentivizes condo construction. Read the article…………………………….
Conference committee veers into discussion about local caps on rentals (IN)
The House conference committee for House Bill 1389 met on Monday to review last-second changes that completely shifted the bill’s main focus. If passed into law, the bill says organizations like homeowners associations (HOAs) cannot restrict homeowners from owning, leasing or operating any motor vehicle or outdoor equipment regardless of the type of fuel it […]
What the Security Statute Means for Condo Associations (FL)
Section 768.0706, Florida Statutes, titled “Multifamily Residential Property Safety and Security; Presumption Against Liability,” was enacted in 2023 and provides a legal framework for the “owner or principal operator” of a multifamily residential property to obtain a presumption against liability for criminal acts committed by third parties on their premises. This presumption is available only […]
Property owners sue California insurance companies over alleged ‘collusion’ following wildfires
A group of property owners affected by the January wildfires is suing major California insurer carriers, including the state’s largest, State Farm, for allegedly violating California’s antitrust and unfair competition laws. The lawsuits follow others regarding insurers’ handling of the aftermath of the Eaton and Palisades fires, including against Insurance Commissioner Ricardo Lara and the […]
Navigating New Criminal Penalties in Florida’s Association Law
2024 has come and gone, and with the new statutes, the Legislature has doubled down on making it clear that no funny business is allowed in association operations – even if they’ve included some fairly obvious new “crimes”. Steal from the association? It’s a crime. Try to cover up a crime? It’s a crime. Who […]
New HOA Laws on Vehicle Parking Questioned (FL)
Q: Can you comment on the new laws that apply to homeowners’ associations regarding parking vehicles in driveways? Does this law include boat trailers? A: This is an issue that has gotten a fair amount of attention recently but is not easy to answer or explain. Read the Q&A………………………………..
Flofida Could Alter Coverage for Supplemental Claims
In Florida, supplemental insurance claims are statutorily defined and generally treated as claims separate from the original underlying claim. Could a trial court allow coverage litigation for a supplemental claim to proceed alongside an appraisal of the amount of loss for that same supplemental claim? The Florida Supreme Court signaled an interest in tackling this […]
Barbecues – Caution (CA)
In California, open flame cooking devices, including charcoal and propane grills, may not be operated on combustible balconies or within ten feet of combustible construction except for (1) One and two family dwellings, and (2) When buildings, balconies, and decks are protected by an automatic sprinkler system. Read the article…………………………….
Enforcing HOA Rules in Illinois: Are Unrecorded Regulations Valid?
In community associations, there is often a tension between a property owner’s desire to keep and maintain their lot in the manner that they see fit and the community’s desire, acting through a community association, to preserve a common set of community standards and expectations. In 2019, the Illinois Court of Appeals provided significant guidance […]
Condo Safety and Structural Reforms: What’s Next for Florida Property Owners?
Following the devastating collapse of Champlain Towers South in 2021, Florida has undertaken the most sweeping condo safety reforms in the state’s history. These new regulations, while aimed at preventing another tragedy, have also placed significant financial burdens on condo associations and unit owners, raising concerns about affordability, property values, and legal exposure. Read the […]
Can Homeowners Install Swim Spas? Key Lessons from Hills of Oakland v. Seibert (MI)
“[R]estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283, 287; 72 NW2d 6 (1955). Property owners within community associations across Michigan and the nation are increasingly installing swim spas in their […]
Watauga County property owners in David vs Goliath battle over water rights (NC)
Property owners in a gated community in Watauga County are dealing with a case of David vs Goliath in what could set a precedent for other property owners in the state. An ongoing contested case between Twin Rivers Property Owners Association (POA) in Foscoe, outside of Boone, and the state’s Wildlife Resources Commission (WRC) surrounds […]
Greenbaum Rowe mourns loss of Wendell A. Smith, name partner and distinguished real estate attorney of five decades
The Woodbridge-based firm said Tuesday that Smith died April 13, calling him a friend and colleague who was widely recognized as one of New Jersey’s pre-eminent authorities on condominium and community association law. He became a partner with Greenbaum in 1968, part of a career in which he represented developers, lending institutions and hundreds of […]
62 chickens in the backyard? NC Supreme Court to decide whether they’re poultry or pets
What makes an animal a pet? That they come when called? The way they curl up and rest in your lap while you watch TV? Or that they’ll ride in the car with you — for a morning coffee or on trips to Hilton Head Island? Mary Schroeder had this and more with what she […]
Florida lawmakers advance condo legislation amid cost crisis
Florida lawmakers are advancing legislation aimed at helping condominium owners beset by rising costs. “What I will fight for is to make sure that condo owners see a safe future in their homes at a cost they can afford,” said Sen. Jennifer Bradley, a Republican from Fleming Island who’s one of the legislators behind the […]
Passing Legal Fees To Rule-Breakers Can Be An Effective Sanction (NY)
What happens when a shareholder or a unit-owner calls your bluff and says, “Bring it on?” Bruce says, “Then you really have a dilemma. Either you pursue the litigation, carry through on your threat, and seek legal fees in conjunction with that litigation, or you cave. And if you back down, then you are going […]
Florida lawmakers advance condo legislation amid cost crisis (FL)
Florida lawmakers are advancing legislation aimed at helping condominium owners beset by rising costs. “What I will fight for is to make sure that condo owners see a safe future in their homes at a cost they can afford,” said Sen. Jennifer Bradley, a Republican from Fleming Island who’s one of the legislators behind the […]
Bill Could Limit HOA Control Over RVs and Food Trucks (IN)
Your homeowner’s association might not be able to keep people from having RVs or food trucks in the neighborhood, if a bill discussed Tuesday (HB1389) on the Indiana Senate floor becomes law. Some lawmakers feel that is a threat to property values. “Sometimes HOAs become a little too aggressive,” said Sen. Mike Bohacek, of LaPorte […]
Condo safety bills advance in Senate, House with changes to address cost concerns (FL)
There are still a lot of differences that need to be reconciled between the 2 proposals. Bills to further shore up Florida’s condo safety laws are again advancing after undergoing changes in their most recent committee stops. The House bill (HB 913) by Miami Republican Rep. Vicki Lopez will next go to a floor vote. […]
Cautionary Tales: The Federal Fair Housing Act
Learning from your mistakes is a valuable trait, but let’s be real: learning from other people’s mistakes is even better (and less expensive). When it comes to the federal Fair Housing Act (FHA), we often talk about the dos and don’ts, best practices, and recommended procedures to make sure we stay on the right track. […]
District of Columbia Updates Short-Term Rental Rules
With the rise of short-term rentals through services such as Airbnb, legislation providing regulations and restrictions on how short-term rentals are regulated and managed has become essential. With concerns over public access to buildings, guest misconduct, and insurance, it is vital for cooperative, condominium, and home owner associations (collectively, “Associations”) to stay updated on legislation […]
Op-ed: Local Law 97 set to cost co-op and condo owners millions (maybe billions!) in fees and fines (NY)
The city’s zeal to enforce new environmental laws is set to crush the City’s middle-class housing stock under the weight of shockingly untenable fines. At issue is the implementation of Local Law 97, which was passed in 2019. The ambitious law sets emissions limits for buildings over 25,000 square feet, aiming to reduce greenhouse gas […]
Who Pays the Bill? When you can Recover Attorneys’ Fees and Costs in Enforcement Actions (CA)
Although there are numerous factors a board of directors of a community association should consider before filing a lawsuit, one of the biggest factors is whether or not the association can recover its attorneys’ fees and costs. The standard rule is that absent a statutory or contractual provision providing for otherwise, the “American Rule” is […]
Bipartisan Bills to Expand Mortgage Tax Deductions, Cut Condominium Taxes (FL)
Representative Vern Buchanan (R-FL) is introducing bipartisan legislation to permanently extend and expand mortgage tax deductions and cut taxes on condominium owners. Named the Middle-Class Mortgage Insurance Premium Act, Rep. Buchanan’s bill revives a tax deduction for mortgage insurance premiums that expired in 2021. Read the article…………………………….
Bipartisan bill seeks to limit authority of HOA boards in Minnesota
At the State Capitol, there is a bipartisan effort to limit the authority of homeowner association (HOA) boards and make their dealings more transparent. In Minnesota, 1.5 million people live in HOAs. Complaints include that people are being foreclosed on for unpaid fees. Read the article…………………………….
What to Watch in Tallahassee with Community Association Management (FL)
We’re about halfway through the 2025 Legislative Session in Florida and, like most years, there are several bills that could change how community associations, like Homeowners and Condominium Associations, can operate. This industry is one of the most highly regulated of any industry in Florida, mainly because of the continual conflict between associations and home […]
What To Watch In Tallahassee With Community Association Management (FL)
We’re about halfway through the 2025 Legislative Session in Florida and, like most years, there are several bills that could change how community associations, like Homeowners and Condominium Associations, can operate. (When the registration pops up, just go back a page) Read the article…………………………….
Unraveling the Boundary Between Opinion and Fact in Georgia Libel Lawsuit
A homeowner in the Black River Homeowners Association wrote a Google review of the community saying the management had “done a terrible job” and “turned our board of directors against the home owners.” The management company sued the homeowner for libel, which is the written false and malicious defamation of another. To prove libel, there […]
How to Tackle Local Law 97 Compliance for Your NYC Coop or Condo Building
As a co-op or condo board member, you’re likely feeling the pressure of Local Law 97 (LL97)—one of NYC’s most ambitious climate laws. Designed to reduce carbon emissions from large buildings, LL97 comes with strict emissions limits and potential fines for non-compliance. But what happens when your building wants to comply but simply doesn’t have […]