Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and the statute of limitations has now expired on the first condos subject to the new changes. Listen to the podcast…………………………..
Hurricane Damage and the FEMA 50% Rule: How to Approach Home Repairs in Flood Zones
In the wake of Hurricane Debbie, Hurricane Helene, and now Hurricane Milton, which have left widespread devastation in southwest Florida, there is no storage shortage of property owners dealing with the aftermath of flooding. As remediation begins, a common question is the FEMA 50% rule. The 50% rule, while always applicable to home improvements or […]
Here We Tow Again – Towing Regulations Governing Community Associations (CO)
In 2022, an updated towing law went into effect in Colorado as a result of the passage of House Bill 22-1314. Not to be outdone, laws related to towing were revised yet again in 2024 as a result of the passage of House Bill 24-1051. This article outlines various requirements of the recent laws as […]
The Body of Water Doctrine (FL)
We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in […]
Making a list and checking it twice? No, It’s not Christmas, it’s new Records Request Requirements (FL)
If you’re one of those people who finds checking things off a list or making a chart oddly satisfying, then House Bill 1021 (“HB 1021”) is the new legislation for you. As you may have already heard, HB1021 made sweeping changes to the condominium law landscape. Perhaps none of these changes will be felt quite […]
Judge appoints Harris as receiver in Knox cattle dam suit (OH)
Knox County Common Pleas Judge Richard Wetzel appointed Jack Harris as receiver in the Knox cattle dam case, formally known as the State of Ohio vs. The Landings Property Owners Association Inc. In 2020, the Ohio Department of Natural Resources asked the court to determine the owner of the lake and dam because the dam […]
New Rules to Help Co-ops and Condos Comply With Local Law 97 (NY)
The word “final” has been getting a workout from the city’s Department of Buildings this year. The DOB has just released yet another “final” set of rules laying out how co-op and condo boards and other building owners can comply with the city’s ambitious and controversial climate law, Local Law 97. Read the article…………………………….
Unlicensed Work Does Not Void Contract With Condos, Florida Appeals Court Says
Being unlicensed as a contractor in Florida does not necessarily void a storm-remediation contract, a Florida appeals court said in a decision that could affect insurance defense strategy in hurricane claims. “This shows that it’s really important to know the scope of work being performed,” said Josh Beck, an insurance defense attorney in Boca Raton. […]
New Website Laws on the Horizon (FL)
Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? Read the Q&A………………………………..
NYC Condo Construction Defect Lawsuits: 3 Key New Cases for Boards
In New York, the legal landscape governing construction defect disputes between condominium boards and developers is complex and often contentious. Three recent cases highlight the nuances of such litigation, shedding light on the causes of action, procedural considerations, and the scope of damages that can be pursued. Read the article…………………………….
Appeals Court Makes It Clear Even to a Small HOA: Allow Access to the Association’s Official Records or Else (FL)
Wayside is a small, ten-home, self-managed homeowners’ association located in Seminole County. Pecchia and Porter both respectively own homes within Wayside. As members of the association, Pecchia and Porter were concerned that Wayside was failing to adequately maintain the association’s common elements, and that it also was not enforcing violations of the CCRs against homeowners. […]
Corporate Transparency Act for Co-ops: What NYC Condo Boards Need to Know Before January 1, 2025
Just when you thought you had enough on your plate—keeping up with energy codes, structural upgrades, and managing an aging building—now you’ve got the Corporate Transparency Act (CTA) to think about. Fun, right? This new law is trying to tackle money laundering, which may feel like a bit of overkill in coops and condos. Read […]
An Introduction to Colorado’s New Law Governing Broadband Access to Multiunit Buildings
On May 22, 2024, Governor Jared Polis signed House Bill 24-1334 into law, which became effective on August 7, 2024. The bill, sponsored by a broad coalition of representatives and senators reflecting bipartisan support, was introduced to increase the availability of broadband internet service to multiunit buildings (condominiums and apartments) and mobile home parks. It […]
Gov. Green Issues Second Proclamation Relating to Condominium Insurance Stabilization (HI)
NOW, THEREFORE, I, JOSH GREEN, M.D., Governor of the State of Hawaii, hereby determine and proclaim that an emergency or disaster contemplated by section 127A-14, HRS, has occurred in the State of Hawaii. I hereby authorize and invoke the following emergency provisions, if not already effective by virtue of this Proclamation: Read the article (PDF)…………………………….
Upcoming Deadlines for Florida Condos and HOAs
As 2024 approaches its last quarter, Florida condominium and homeowners’ associations must stay on top of important, upcoming deadlines. Compliance with state regulations helps avoid penalties, keeps communities running smoothly, and ensures effective governance. Below are some key deadlines and requirements for condos and HOAs in Florida to consider: Read the article…………………………….
Board members, not property managers, must file under transparency act (IL)
Q. I have a few questions concerning the federal Corporate Transparency Act. What if the property manager for our association does not register (with the federal government) as required by law, and the board continues the property manager contract. Is that appropriate? Does the management company need to register each association that they have a […]
Ruffled feathers in Missouri: CAI chapter files lawsuit challenging “chicken law”
The CAI Heartland Chapter and the CAI Missouri Legislative Action Committee filed a lawsuit in August challenging a sweeping omnibus bill that includes a “chicken law” provision prohibiting Missouri community associations from banning homeowners who want to own and raise chickens. In Four Seasons Lakesites Property Owners Association v. State of Missouri, the chapter and […]
Michigan Passes Homeowners’ Energy Act, Negating Many HOA Restrictions on Energy-Saving Improvements
The Michigan Legislature recently approved the Homeowners’ Energy Policy Act (the “Act”). A goal of the Act is to promote energy saving activities and uses by eliminating prohibitions against them. When effective, it will negate numerous commonly imposed neighborhood and homeowners’ association restrictions such as prohibitions/restrictions against: Read the article…………………………….
HOA Center Advisory: Corporate Transparency Act Applicability To Common Interest Communities (CO)
In recent months, there has been some confusion about the effects of the Corporate Transparency Act (“CTA”) on Colorado Common Interest Communities (HOAs, POAs, Condominiums, Cooperatives, etc.). The CTA was enacted in 2021 to limit illicit financial activity, but, since passage, there has been some debate about if Common Interest Communities are subject to the […]
Beneficial Ownership Reporting Outreach and Education Toolkit (CTA)
This toolkit is a resource to use in efforts to educate small business owners about new beneficial ownership reporting requirements, mandated by the bipartisan Corporate Transparency Act. Templates and sample content have been structured so that you can easily tailor the message for your organization. Thank you for sharing and amplifying this important information. Read […]
Legal Rights of Tenants in HOA Communities (TX)
Living in an HOA community can be a rewarding experience with access to amenities and well-maintained surroundings. However, as a tenant, it’s crucial to understand your legal rights within these communities. This article will shed light on your rights and responsibilities, ensuring you’re well-informed and protected. Read the article…………………………….
Are HOAs Exempt From the CTA?
By January 1, 2025 over 32 million small companies must report their beneficial owners to the Treasury Department. Failure to report creates substantial criminal and civil liabilities for the company and its beneficial owners. The question has arisen, do homeowner associations have to report under the Corporate Transparency Act (CTA)? The State of Colorado seems […]
Homeowners’ Association Sues Local Landowner Over Building Restrictions Violation (LA)
A contentious property dispute has reached a pivotal moment as the court rules in favor of a homeowners’ association against a local landowner. The Lake at the Bluffs Property Owners Association and Jason Rasti individually filed a complaint against Gary Hill in the 20th Judicial District Court for the Parish of West Feliciana, Louisiana, on […]
Upcoming Deadlines for Florida Condos and HOAs
As 2024 approaches its last quarter, Florida condominium and homeowners’ associations must stay on top of important, upcoming deadlines. Compliance with state regulations helps avoid penalties, keeps communities running smoothly, and ensures effective governance. Below are some key deadlines and requirements for condos and HOAs in Florida to consider: Read the article…………………………….
Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law (MI)
In Hills of Oakland Subdivision Association v. Victoria M. Seibert, the Michigan Court of Appeals ruled that “swim spas” meet the common usage of the term “swimming pool,” which is an important precedent for community association law. Many associations’ governing documents include explicit prohibitions on above ground swimming pools. Read the article…………………………….
HOA Compliance Guide: Navigating the Corporate Transparency Act (OH)
As a member of your Homeowners Association’s (HOA) board, you’re responsible for more than just managing community concerns — you also have legal obligations to meet. One of the newest and most important regulations that could impact your association is the Corporate Transparency Act (CTA). Ignoring this act could lead to significant penalties, which makes […]
Guarding Against the Unauthorized Practice of Law
The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between […]
The DBPR Now Has Broader Authority to Investigate and Enforce Compliance (FL)
It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were […]
Condo Crisis Now Requires Action by Florida Supreme Court
At an event in Miami Lakes on Sept. 9, Gov. Ron DeSantis stated that opportunities will exist before the end of the year for the Florida Legislature to pass “reforms and relief” for condominiums. He went on to say that the state’s lawmakers do not have until March or April to act, suggesting that they […]
Is There Anything My Neighborhood Can Do to Ban Short-Term Rentals? (WA)
In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community Associations addressed whether a homeowners’ association (“HOA”) exceeded its power to amend covenants when a simple majority of the homeowners voted to prohibit short-term […]
Judge declares owner in Knox Cattle dam dispute (OH)
More than two years after starting court action, the Ohio Department of Natural Resources has an answer in the Knox Cattle dam dispute. On Sept. 23, Knox County Common Pleas Judge Richard Wetzel finally ruled that The Landings Property Owners Association (POA) Inc. owns the dam and the lake. “The consequence of this finding is […]
Court Rules HOA May Not Enforce Time-Based Restriction on Political Yard Signs (WA)
The Washington Court of Appeals recently affirmed that homeowners associations (HOAs) that are still subject to RCW 64.38 may not impose time-based restrictions on owners’ display of political yard signs. Read the article…………………………….
Co-op Boards’ Arbitrary Price Floors Can Damage Apartment Values (NY)
In a recent issue of his Housing Notes newsletter, Miller cites a recent lawsuit, Stromberg v. East River Housing Corp. In this case, the shareholders Eleanor Stromberg and Douglas Price sued their co-op at 577 Grand St. for arbitrarily and improperly rejecting a proposed sale of their apartment. Stromberg and Price entered into contract with […]
Florida Condominium Terminations: Balancing Legal Requirements, Safety, and Property Rights
Terminating a condominium is a significant decision for any Florida condominium community association. This process has evolved through a series of legislative amendments, aimed at balancing the needs of property owners, condo associations, and public safety. Read the article…………………………….
Indiana lawmakers begin exploring changes to homeowners association powers
Indiana lawmakers took their first steps this week in exploring whether changes are needed in the ways homeowners associations operate. A study committee took testimony that was prompted by concerns from lawmakers like Rep. Julie Olthoff (R-Crown Point). Homeowners associations must file their rules — known as covenants, conditions and restrictions — with their local […]
HOA Subcommittee hears resident horror stories (GA)
State residents shared disturbing accounts of harassment, financial abuse, and intimidation by homeowners associations (HOAs) during a subcommittee hearing on Monday, prompting legislators to explore how the state can protect residents. Read the article…………………………….
Agoura Hills Lake Lindero HOA loses $15.6-million judgment (CA)
A Van Nuys Superior Court judge ordered the Lake Lindero Homeowners Association in Agoura Hills to pay a $15.6-million judgment to the club’s former management company, Golf Projects Lindero, for the 2018 wrongful termination of GPL’s contract with the HOA. Read the article…………………………….
Top 4 Legal Considerations for Gated Communities in Michigan: What Condos and HOA’s Need to Know
Imagine living in an exclusive, gated condominium community where security and privacy are top priorities. Whether your home is nestled in a suburban site condominium or perched in a sophisticated downtown high-rise, the added peace of mind a gated community provides is a major selling point for many. In fact, a recent study shows that […]
Real Property – Eminent Domain – Condominium Association (NC)
North Carolina Supreme Court: The trial court in the Taking Action appropriately granted summary judgment after resolving all issues pleaded and argued at the N.C.G.S. §136-108 hearing related to title and the interests taken as of the date of the taking. We reversed the decision of the court of appeals. (The subscriber only message will […]
2024 Maryland Community Association Legislative Update
The Maryland General Assembly passed legislation, effective October 1, 2024, that will impact community associations……Historically, condominiums have been required to obtain consent from 80% of the unit owners before an amendment could be made to the Declaration. This new law lowers the threshold requirement to written approval from 66.6% of the total number of unit […]
HOA Legal Update 2024 (FL)
We recently held an educational webinar with Jeffrey Rembaum from Kaye Bender Rembaum to discuss the HOA legal update. Watch the video………………………….
Unpacking the Corporate Transparency Act: What Cooperatives and Condominiums Need to Know (NY)
The CTA was enacted by Congress in 2021 to assist in prosecuting money laundering and other illicit activities by establishing a national registry, maintained by the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), that includes information regarding individuals who control certain entities identified as “reporting companies”. Read the article…………………………….
Sen. Lucero Named Vice-Chair of New HOA Reform Working Group (MN)
The Legislative Working Group on Common Interest Communities and Homeowners Associations, informally known as the HOA Reform working group, convened its first meeting on September 10 at the Minnesota Capitol. Sen. Eric Lucero (R-Saint Michael), a licensed real estate agent and the Republican lead on the Senate’s housing committee, was named as the group’s vice […]
Political Signs in Community Associations: Balancing Free Speech and Bylaws (IL)
As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I, Section 4 of the Illinois […]
Florida condo reform architect says new legislation on cost issues shouldn’t come before January
Calls are mounting for a Special Session to address rising costs and potential fines stemming from Florida’s relatively new condominium laws. However, according to Miami Rep. Vicki Lopez, one of the main architects of the legislation, it is now too soon. Lopez said there simply isn’t enough information now to get it right, and that […]
Texas HOA Laws: A Comprehensive Guide
Navigating the intricate landscape of HOA laws in Texas can be a daunting task for both HOA board members and homeowners. The Lone Star State has its own set of unique regulations that govern HOAs (homeowners associations), impacting everything from property use restrictions to voting rights and dispute resolution. Understanding these laws is crucial to […]
Illinois Court Rules that Unit Owner Lacked Standing to Bring Construction Defect Claims Against Condo Developer
Construction defects are a frequent problem in new construction condominiums in Illinois. When the developer’s appointees control the board of directors, they rarely will take action to hold the developer responsible for construction defects. However, after control of the board of directors is transitioned to the owners, the owner controlled board of directors typically investigates […]
What happens when your HOA goes rogue? There’s a new solution in Prince George’s County (MD)
What happens when your homeowners association ignores its own rules? In Prince George’s County, the answer is: Nothing. You can try to take it to court and watch the fees you pay get used against you while you also pay for your own lawyer; but beyond that, residents have had no recourse, until now. In […]