Hotel-Condominium Governance Litigation: Could IconBrickell Go National?

In 2020, the Florida Third District Court of Appeal issued the IconBrickell decision that has had a profound effect on the way practitioners and developers think about the legal landscape of mixed-use properties throughout the state of Florida, particularly branded residential condominiums. In IconBrickell Condominium No. Three Association v. New Media Consulting, 310 So.3d 477 […]

Hoarding in Condominiums: When Individual Rights Clash with Community Concerns

The recent case of Board of Managers of the 48-54 West 138th Street Condominium v. Flora Burdock highlights the complexities that arise when an individual unit owner’s behavior impacts the health, safety, and well-being of a condominium community. In this case, the condominium board sought legal intervention to address a severe hoarding situation within Ms. […]

‘A property rights issue’: Bill prohibiting HOAs from requiring grass lawns died in committee (ID)

Sen. Rick Just’s opening PowerPoint slide had a direct and succinct message, “I’m not coming for your lawn.”  Just, D-Boise, was presenting a bill to the Idaho Senate Commerce and Human Resources Committee that would open up more neighborhoods to alternative methods of landscaping by prohibiting homeowners’ associations from requiring grass lawns.    Read the article…………………………….

State Rep Pushes Legislation to Regulate Property Management Comps, Community Association Mgmt (GA)

Companies that manage homeowners’ associations could soon be subject to more regulations.  State Representative Dar’shun Kendrick (D-Lithonia) recently introduced House Bill 1258, legislation she says will “increase accountability for property management firm brokers and community association management brokers.”     Read the article…………………………….

New Legislation (CA)

AB 572. Assessment Limitation. Beginning January 1, 2025, new associations with affordable housing are limited to assessment increases for affordable housing to 5% plus cost of living, not to exceed 10% greater than the preceding regular assessment. This does not apply to associations with 20 units or less. “Affordable housing” means a unit occupied by […]

When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)

The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.   Read the article…………………………….

When Is an HOA/Condo Rental Amendment Unreasonable? (NC)

When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals.    In a decision issued this week (February 21, 2024), the North Carolina Court of Appeals struck down a condominium rental amendment as unreasonable.   Read the […]

Some Colorado HOAs ban using fire-resistant building materials. This proposed law could overrule that

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.    Read the article…………………………….

When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)

The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.    Read the article…………………………….

Idaho Supreme Court sides with developer in Teton County case

The case arises from a dispute regarding a condominium development and dates back to 1995. That’s when a lot in Driggs was approved for Planned Unit Development with up to 16 standalone condominiums.  In 1995, TCR’s lot owned by TCR, LLC, the developer of Teton Creek Resor, was approved for Planned Unit Development with 16 […]

Lawmakers advance bill that would void HOA rules that block wildfire-hardening (CO)

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.   Read the article…………………………….

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

Wicker bill removes roadblocks for amateur radio operators

According to a summary of the bill, the legislation would prohibit homeowner association rules that prevent or ban amateur radio antennas on residential properties, clarify the approval process for installing amateur radio antennas, and give amateur radio operators a private right of action.  Read the article…………………………….

Kansas homeowners urge lawmakers to ban ‘punitive’ rooftop solar restrictions

Alan Bauman would put solar panels on his Prairie Village home if he could. He’d like to benefit from the savings on his energy bill and have more security when his electric utility suffers power outages.  But his homeowners association restricts his and neighbors’ ability to install solar power.   Read the article…………………………….

Navigating Defamation Lawsuits and Non-Compete Clauses (FL)

The topic of defamation has become more prevalent as civil discourse has eroded. Unfortunately, sometimes it is the rare board member and/or manager who has not been subject to some form of potential slander or libel throughout their course of community association service.    Listen to the podcast…………………………..

Five recommendations North Carolina lawmakers may consider to tackle HOA disputes

Members of the House Select Committee on Homeowners’ Associations are moving closer to advancing a draft bill designed to level the playing field between homeowners and their HOAs.  Following two public hearings in January, five recommendations were presented Tuesday to the committee by legislative staff.    Read the article…………………………….

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

Homeowner association regulations proposal expected in short session (NC)

Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]

North Carolina HOAs could face new hurdles to foreclosures

North Carolina homeowners’ associations could soon face new hurdles to approving larger budgets and seizing property as a means to enforce their rules. The House Select Committee on Homeowners’ Associations have been meeting this year to address voter claims that HOAs have abused their power in the state. Committee members have welcomed input from homeowners […]

Florida Lawmakers Advance Bill Cracking Down on Condo Boards

Since the tragic Surfside condo collapse in 2021 that killed 98 people, Florida lawmakers have passed several laws to improve safety. Today, the Senate appropriations committee advanced a bill that will help control rogue condo boards and provide residents more oversight.     Read the article…………………………….

HOA Homefront: Understanding fair housing laws to help those who need it (CA)

California and federal law provide important protections for disabled persons. Morally and legally, doing what we reasonably can to help the disabled live as normally as reasonably possible is the right thing to do.  However, requesting residents and responding HOAs don’t always fully understand the legal requirements. HOAs are “housing accommodations” under the Fair Housing […]

Judge says Cabarrus County HOA didn’t maintain sidewalks it was required to (MD)

A judge said a Cabarrus County homeowners association has a duty to maintain the sidewalks and didn’t.  Robert Beirne lives in the Skybrook subdivision. When tree roots started pushing up the sidewalk in front of his house, his HOA told him it’s the homeowner’s responsibility to fix.  Beirne told Action 9?s Jason Stoogenke he did […]

Navigating Sidewalk Shed Disputes: Insights for Condo or Coop Boards (NY)

The court’s decision in 157 W 18 OWNER, LLC v. THE BOARD OF MANAGERS OF THE SLATE CONDOMINIUMS provides clarity on the interpretation of RPAPL 871 and the enforcement of Building Code requirements in construction-related disputes. The ruling underscores the importance of demonstrating a substantial encroachment and balancing equities when seeking injunctive relief for property […]

Community Association Board Members can be Sued for Breach of Fiduciary Duty (NY)

The Board of Managers of the 72 Poplar Street Condominium and individual board members were sued by a unit owner who was overcharged common charges. The Board allegedly knew about the overcharge and eventually refunded the overpayments to the owner, and then called a unit owner vote to amend the Condominium’s bylaws to change the […]

Understanding Director Conflicts of Interest in Florida Condominium Associations

In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations.    Read the article…………………………….

Second Legacy Lodge case appealed to Wyoming Supreme Court

The Rafter J Ranch Homeowners Association is asking the Wyoming Supreme Court to overturn a lower court’s decision in a lawsuit over the future of the former Legacy Lodge building.  Monday’s appeal from HOA attorney Kevin Gregory marks the second case that has been taken to the high court regarding a 57-unit building in Rafter […]

Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract

Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal court, arguing that the action related to an arbitration agreement falling under the Federal Arbitration Act (FAA) and the Convention on the […]

HOA Foreclosure Laws In North Carolina

Both homeowners and board members should familiarize themselves with the HOA foreclosure laws in North Carolina. In doing so, they can understand the rights of homeowners and the scope of authority an HOA has when it comes to foreclosures. It also helps keep the association in the clear and away from potential liability.    Read the […]

Unique Challenges for Condo and Coop Boards Facing Local Law 97 Requirements (NY)

New York City’s Local Law 97, passed in 2019, aims to drastically reduce greenhouse gas emissions from large buildings. By 2024, condominium and cooperative buildings over 25,000 square feet must meet strict emissions limits or face heavy fines. While the law’s environmental goals are laudable, the legislation poses unique financing challenges for condo and co-op […]

Strike-all Amendment to HB 1021 (FL)

Representative Lopez’s HB 1021 just passed the Regulatory Reform & Economic Development Subcommittee with a strike-all amendment without objection and will be heard next in the State Administration & Technology Appropriations Subcommittee. The Senate counterpart to this bill, Senator Bradley’s SB 1178, does not currently match up.     Read the article…………………………….

Court Rules that Restrictive Covenant Banning Sex Offenders is Enforceable

Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, […]

Colorado lawmakers introduce bill to foster more condo construction

In yet another effort to alleviate soaring housing costs in Colorado, lawmakers on Monday introduced a bill aiming to boost condominium construction in the state — an option historically seen as a way for first-time homebuyers to enter the housing market.  Read the article…………………………….

South Dakota: Protection from HOAs Signed into Law

Today, February 5, Governor Kristi Noem signed Senate Bill 39 into law. SB 39 prohibits a homeowners’ association (HOA) from placing restrictions on firearms or firearm ammunition. This important legislation further strengthens firearm preemption in the Mount Rushmore State by protecting sportsmen from HOA regulations. Read the article…………………………….

Many Colorado HOAs have rules that make homes more vulnerable to wildfires. New legislation could block those.

Colorado lawmakers on Friday advanced new legislation that would make it easier to build or upgrade homes to harden them against wildfires. The legislation would void language in existing homeowners’ association bylaws, deed restrictions or property contracts that prevent residents from installing or using fire-resistant building materials. It would also prohibit new restrictions. Read the […]

Proposed Bill to Affect HOA Foreclosure Sale Requirements (CO)

Introduced January 31, 2024 by Representative Naquetta Ricks, the proposed bill, HB24-1158, would severely hamper an HOA’s efforts to foreclose for unpaid assessments. The bill proposes that prior to turning over a delinquent account to collections or to an attorney for legal action, an HOA must send a notice to the owner that free information […]