HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community.  However, the Florida Legislature recently amended Florida Statute, Chapter 720 through House Bill 1203 (2024) and revised Section 720.3075(3), in pertinent part   Read the article…………………………….

Legislative Updates from Florida’s 2024 Session

Florida’s 2024 legislative session ended on March 8, 2024, and there are a number of bills that are starting to go into effect that will impact the real estate industry. Below is a summary of some of the most relevant bills that may impact your business!    Read the article…………………………….

Language in HOA bylaws could determine whether new Florida parking law applies

If you are one of more than 40 percent of Floridians who lives in a community governed by a homeowner’s association, you may have heard a legal term recently regarding bylaws, covenants and declarations.   It’s called “Kaufman language” based on the 1977 case of Kaufman vs. Shere, which affects governing documents for HOAs.   Read the […]

Mamaroneck condo owners sue to stop rental surcharge (NY)

Owners of several apartments in the Continental View Condominium in Mamaroneck have sued the condo board for imposing a $1,800 annual fee on owners who rent their apartments.  Eleven owners of eight apartments accused the board of exceeding its authority by enacting a new house rule without obtaining approval by two-thirds of the owners, in […]

Michigan Supreme Court Opinion And Co-Owner Premises Liability Claims Against Condominium Associations

On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a co-owner of a condominium unit can bring a premises liability action against the condominium association. Condominium […]

CAI Lawsuit

Overview: The Anti-Money Laundering/Corporate Transparency Act, enacted in 2021, requires entities to report business ownership information yearly to the Department of Treasury or face strict penalties. Community associations, also known as homeowners associations, condominium associations, and housing cooperatives, account for more than 350,000 nonprofit, local and volunteer-driven organizations throughout the United States. CAI believes the […]

House Bill 24-1233 (CO)

Pursuant to House Bill 23-1105, signed into law on May 24, 2023, an HOA Task Force is to be appointed by August 1, 2023, to examine issues regarding homeowners’ rights and to perform other duties as noted in the new law.   Read the article…………………………….

How Do Florida’s New Homeowners & Condo Association Laws Affect You?

A number of the bills Florida Governor Ron DeSantis signed into law on May 31 of this year will have far-reaching effects on homeowners (HOAs) and condominium associations, licensed community association managers (LCAMs) and home and condo owners themselves.    Read the article…………………………….

Review of Condo Law Changes Continues (FL)

This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations.  Today we will look at more changes to the condominium […]

2024 Legislative Update: Changes to Statutes Governing Condominium Associations (FL)

Eisinger Law is pleased to provide you with a summary of the most recent and relevant changes effectuated by the Florida Legislature, (the “Legislature”), and the Governor of the State of Florida, to Chapter 718, Florida Statutes, (the “Condominium Act”), and other Florida Statutes which affect condominiums. Please keep in mind that the effective date […]

Important Bills passed in 2024 General Assembly (VA)

It was a busy legislative session for community associations. New laws on a variety of significant topics were enacted. Among them are significant changes to the sections which deal with reserves for replacing components of the common area and new provisions in the resale certificate procedures and requirements.    Read the article…………………………….

Newly Passed Legislation (CO)

The 2024 legislative session was a busy one as it relates to legislation that affects Homeowner Associations. Below are the new laws created during the 2024 legislative session that will affect various aspects of Homeowners Associations.   Read the article…………………………….

Fines, Late Fees and Limits on Co-op and Condo Board Authority (NY)

Condominiums and cooperatives are, in the words of the New York Court of Appeals, “quasigovernment[s]…little democratic sub societ[ies] of necessity.” Levandusky v. One Fifth Ave. Apartment, 75 N.Y.2d 530, 536 (1990). Just as governments need to deter misconduct and punish rule-breaking, co-ops and condos rely on fines and late fees to keep their houses in […]

Skeptics see little benefit from law helping with hurricane prep grants (FL)

Under a new state law, condominium associations as of July 1 theoretically were able to apply for grants of up to $175,000 to make improvements to strengthen their properties against hurricane damage, but the details and the logistics of the application process will make it practically impossible to get anything done in time for the […]

Appellate judges mostly rule against Hayden Christmas display (WA)

For a former Hayden couple known for hosting massive holiday shows, a recent federal appeals ruling was anything but Christmas in July.  In a split decision, the 9th U.S. Circuit Court of Appeals has mostly ruled on the side of the West Hayden Estates homeowner’s association in its opposition to Jeremy and Kristy Morris’ extravagant […]

2024 Arizona Legislative Update

The Arizona Legislature passed seven bills, which Governor Hobbs then signed, that have a direct impact on the community association industry.  House Bill 2648, House Bill 2662, House Bill 2698, Senate Bill 1432, Senate Bill 1016, House Bill 2141, and House Bill 2119 will become law on September 14, 2024, which is 90 days after […]

Michigan’s New Renewable Energy Siting Law and its Implications on Municipalities

Governor Gretchen Whitmer previously signed House Bill 5120 (now Public Act 233 of 2023) into law in November 2023. The regulations, which specifically affect municipalities and developers, create a new siting path for utility-scale wind, solar, and energy storage facilities with the Michigan Public Service Commission (“MPSC”) and become effective on November 29, 2024. Once […]

Workplace Violence Prevention Plans – Community Associations With Employees Need to Comply

California has long required employers to establish, implement and maintain an injury prevention program. With the passage of Senate Bill No. 553 (SB 553) last year, California has imposed now upon employers the additional obligation to establish, implement and maintain in all work areas, an effective workplace violence prevention plan (“WP Violence Plan”) which contains […]

Appellate Ruling and New Florida Laws Stress Open Records in Community Associations

The ruling was issued by Florida’s Fifth District Court of Appeal in a lawsuit filed by owners against their homeowners’ association, the Wayside Estates Homeowners Association located near Orlando in Sanford. The suit, which was brought by owners and association members William Pecchia and Kathleen Porter, stemmed from a formal request they issued to the […]

Local Resident Sues Homeowners Association and Realty Company Over Negligence (FL)

A Palm Beach County resident has filed a lawsuit against a local homeowners association and a realty company, alleging negligence after suffering severe injuries from a fall on an uneven sidewalk. The complaint was filed by Kristin McCuin in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, on June 28, […]

HOAs in Michigan lose veto power over rooftop solar, home EV charging and more

Homeowners’ associations across Michigan just lost the right to block energy efficiency elements in their neighborhoods like rooftop solar panels.  Gov. Gretchen Whitmer signed legislation today, July 8, 2024, that was previously adopted by both the state House and Senate to invalidate any HOA provisions against a litany of energy efficiency home improvements.    Read the […]

Your HOA just lost a lot of powers in SWFL; here’s what it means for you

You read that right. A new law, which went into effect on July 1st, limits a homeowner’s association’s powers when it comes to things like parking, trash bins and holiday decorations……Nearly half of Florida residents, almost 10 million people, live in community’s governed by Homeowner’s Associations, or HOAs.    Read the article…………………………….

Annual Legislative Review Begins (FL)

2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done.    Read the article…………………………….

Which Flag Can You Fly? (FL)

We all know that the statutes for both condos and HOAs state that owners may display a United States flag in a respectful way, and on certain other days, flags that represent the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, regardless of any provisions in the governing documents dealing […]

New law will make it tougher for Colorado HOAs to foreclose on homes

Colorado homeowners associations will have a tougher time foreclosing on their residents for unpaid debt starting in August.  House Bill 1337, signed by Gov. Jared Polis in early June, creates new hurdles for HOAs before they can file for foreclosure and limits how much associations can charge in attorney fees when they are trying to […]

Florida Resident Sues Neighbor and Community Association Over Dog Attack

A Florida resident is seeking justice after a dog attack left her with severe injuries. Rose Marie Cozzolino-Smith filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on June 25, 2024, against Margaret Schmidt and Marina Bay Master Community Association, Inc.   Read the article…………………………….

Belmont Park in Newnan sparks state legislation (GA)

Homeowners association, the words conjure up thoughts of power-hungry board members harassing their neighbors, neighborhood segregation, and fines.  What they do not bring to mind are peaceful, clean, well-kept neighborhoods.  Horror stories abound about homeowners associations gone bad. But people buying into new neighborhoods are often required to join the HOA created by the developer […]

Homestead judge nixes $93-a-month fee (WA)

The judge in the Lynden-centric Homestead case, at a Whatcom County Superior Court hearing on July 3, voiced the general shape of his decisions regarding the golf residential community that has been embroiled in a lawsuit for more than four years.  A two-week trial wrapped up in May.  In a key ruling, Judge David Freeman […]

Tennessee Supreme Court Dismisses Developer’s Defamation Lawsuit Against Resident

The Tennessee Supreme Court has held that a defamation and false light suit filed by Bill Charles against Donna McQueen must be dismissed under the Tennessee Public Participation Act (“TPPA”).  The litigation began in 2020 after Durham Farms, a planned community in Hendersonville, announced plans to add a “rental-only” unit section to the community. Residents […]

Pasadena law firm unveils plan to address past involvement in segregated housing policies (CA)

Herbert Hahn, a former managing partner of Hahn & Hahn, spearheaded the controversial Pasadena Improvement Association with former Pasadena Mayor A.I. Stewart. The organization, made up of prominent businessmen and bankers, was established in 1939 to create White-only housing covenants that blocked people of color from owning properties.    Read the article…………………………….

4 changes Fannie and Freddie have made on condo building policy

Three years after a condominium building collapsed in Surfside, Florida, killing 98 people, policies have changed regarding the safety of condo buildings — as well as mortgage lending for residents within these buildings. Fannie Mae and Freddie Mac have both updated policies, especially as condo living is on the rise due to a recent lack […]

2024 Virginia Legislative Changes Affecting Community Associations

The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium unit owner associations, which take effect July 1, 2024.   Read the article…………………………….

The Virginia Condominium Act Turns 50

While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on July 1, 1974. It superseded the Horizontal Property Act, which was enacted in 1962. Condominiums […]

Private property rights are more important than ‘local control’ (MI)

A new law is set to take effect in Michigan that would prohibit homeowners associations from limiting installation of solar panels, electric vehicle charging stations, energy efficient windows and other energy-saving improvements. It would also prevent associations from banning clotheslines.   Read the article…………………………….

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures, such as preservation of its deed restrictions. Due to Associations failing to take appropriate actions to protect their deed restrictions from the […]

Kids, Pools and Problematic Rules – a Fair Housing Reminder (MN)

As the weather gets warmer, pools open, children get out of school for the summer and people spend more time outdoors and engaging in recreational activities. Associations want to make sure that everyone is safe and has access to common area amenities, but too often we see rules adopted by boards that violate fair housing […]