Heritage Property & Casualty appealed an order compelling a commercial Hurricane Irma claim to appraisal. Heritage contended appraisal was premature because an evidentiary hearing was first required to determine whether Sunset Villas satisfied post-loss conditions. The Third District Court of Appeal agreed with Heritage and reversed. Read the article…………………………….
Fraud Alert – Beneficial Ownership Reporting
The Beneficial Ownership Reporting under the Corporate Transparency Act requires businesses to provide information (including personally identifiable information) to the federal government to combat fraud, terrorism, and money laundering. However, the passage of this Act has created additional opportunities for fraudsters. FinCEN has issued a warning about a scam targeting individuals and companies subject to […]
Sen. Matt Brass to Lead Senate Subcommittee on Homeowners Associations (GA)
Senate Rules Chairman Sen. Matt Brass (R–Newnan) has appointed a Senate Subcommittee on Homeowners Associations, where he will serve as Chair. The subcommittee will examine homeowners associations (HOAs), which are organizations in residential communities responsible for enforcing rules and regulations, maintaining common areas and managing community services across Georgia. Upon its conclusion, it will ensure […]
HOAs Claim Exemption from New Florida Law Barring Pickup-Truck Parking Bans
Homeowners associations are now no longer allowed to restrict owners from parking their personal vehicles on their properties, including pickup trucks in plain sight on their front driveways. Specifically, the new statute states HOAs are prohibited from preventing property owners, tenants, guests or invitees from parking personal vehicles, including pickup trucks, in their driveways or […]
Condo Wars: After HOA corruption arrests, Florida’s community management industry works to weaken reform bills
For Carlos Villalobos, the press conference last March in Miami offered hope that things would finally change for residents of troubled community associations. Standing in front of news cameras, he described life in the Hammocks, a sprawling community west of Miami where prosecutors say board members embezzled millions of dollars, maintaining power through lawsuits and […]
WA Court of Appeals Rules HOA’s Adopted Covenant Is Valid Change to CC&Rs
Division One of the Washington Court of Appeals recently published an opinion concerning the power of a homeowners association governed by RCW 64.38 (to be distinguished from those governed by RCW 64.90 and condominium associations governed by RCW 64.32, RCW 64.34, or RCW 64.90) to change its set of covenants, conditions, and restrictions (CC&Rs). Read […]
Nevada’s Supreme Court Reverses Summary Judgment, Applies Law of the Case Doctrine to District Court
Until now, Nevada applied the law of the case doctrine only to appellate cases. The Supreme Court has now applied it to matters pending in district court, creating potential difficulties for clients approaching trial. Litchfield v. Tucson Ridge Homeowners Association concerned two homeowners’ claims against their HOA. The HOA moved to dismiss, citing a Nevada […]
What Florida’s HB1203 Means for Your HOA
This past July, HB1203 went into effect. This new bill impacts HOAs in Broward County, Palm Beach County, and all other counties in Florida. It provides sweeping reforms for how HOAs manage their communities and new requirements that HOA boards of directors and community managers must follow. Read the article…………………………….
Charleston-area homebuilder wants right to cancel contracts any time. SC Judge says its unethical
Pat Franquelin and her husband, Marcel, were three weeks from closing on their Johns Island home when the builder unexpectedly called and canceled their contract. Now, more than three years after filing a lawsuit against the builder for breach of contract, the Franquelins are still fighting to move into their dream home. The couple is […]
Arizona HOA Legislative Update 2024
This year’s Arizona legislative session adjourned on June 15, 2024. The general effective date for new laws is September 14, 2024. Summaries for the new and/or amended statutes that impact planned communities and condominiums are below and the full text of the statutes can be found at www.azleg.gov. Updated copies of the Arizona Condominium Act […]
New AZ law gives homeowners power to remove old offensive language in HOA contracts
It is hard to believe but for nearly a century racially offensive language has remained in housing documents but on Friday that changed in Arizona. A new Arizona law went into affect Friday that now allows homeowners the power to remove old race based language in homeowner association agreements. Read the article…………………………….
District court grants motion for rehearing but maintains its prior decision that affirmed the trial court’s decision in favor of defendant in a subrogation dispute (FL)
In this interesting dispute, the Second District Court of Appeal took the unusual step of granting a motion for rehearing but maintained its prior decision that affirmed the trial court’s decision in favor of Laguna Riviera in a subrogation dispute. In doing so, the court certified conflict with the Fourth District Court of Appeal’s decision […]
Key Strategies for Developers Amid Fla.’s Changing Condominium Termination Laws
In March, Florida’s Third District Court of Appeal issued a pivotal ruling that could significantly impact land developers aiming to acquire entire condominium buildings. The ruling challenges a long-standing practice in Florida, where developers would acquire enough units to gain control of the condo board, enabling them to amend rules and limit a condominium association’s […]
Condo, Coop and HOA Boards have to Comply with the Corporate Transparency Act Now or Face Significant Federal Penalties
The Corporate Transparency Act (“CTA”) is a federal law that was enacted in 2021 to stop individuals in foreign countries from illegally moving money into the United States. The CTA requirements for certain types of corporate entities in the United States. The Federal Crimes Enforcement Network (“FinCEN”), is the federal agency that is charged with […]
D.C. could be liable after approving buyers for unsound condos, court rules
A group of homeowners who purchased condos under a D.C. government assistance program — only for the condos to soon begin falling apart, leading to their evacuation from the building — got a step closer this week in their pursuit to hold the city accountable. Read the article…………………………….
Judge rules against Prospect condo group (CT)
A judge has ruled in favor of the Inland Wetlands Commission in a lawsuit against Regency at Prospect for the storage and use of salt to de-ice roads in the condominium community. The commission initially served Regency at Prospect Condominium Association a cease-and-desist order for the use and storage of salt on the property. After […]
Longwood resident faces daily $250 fine until she fixes drainpipe issue causing flooding (FL)
A woman who admitted to filling a drainpipe in her neighborhood with concrete is now facing a $250 fine, daily, if she does not fix the issue this month. Neighbors who live in Shadow Bay in Longwood packed into a code enforcement hearing in front of a special magistrate Thursday to see if any action […]
2024 Legislative Clarifications For Board Members and Managers (FL)
The purpose of this article is to address the following: 1) Homeowners’ and condominium association board member certification requirements, certificate retention and continuing education requirements (all of which are quite different); 2) Condominium association and homeowners’ association hurricane protection requirements; 3) Clarify homeowners’ association website posting requirements and remind homeowners’ association board members of mandates […]
Corporate Transparency Act and Washington Homeowners Associations and Condominium Associations
In December 2020, Congress passed the Corporate Transparency Act (the “CTA”), which aims to prevent and combat money laundering, terrorist financing, tax fraud, and other similar activities. This goal is intended to be achieved through the requirement of having corporations file a beneficial owner report with the Financial Crimes Enforcement Network (“FinCEN”). The beneficial owner […]
HOA nightmare continues (TN)
The Retreat at Deer Lick Falls is a tiny home community in Monteagle. Those currently named as plaintiffs in the lawsuit are seeking to end the developer’s conservatorship over the community so that they may govern themselves through the homeowners’ association (HOA). They have alleged several breaches of fiduciary duty and request $250,000 in damages. […]
Community Associations Institute Files Lawsuit to Exempt Community Associations from Federal Corporate Transparency Act
Community Associations Institute, the leading international authority on the community association housing model; including condominium associations, homeowners associations, and housing cooperatives, filed a lawsuit against the United States Department of the Treasury in the U.S. District Court for the Eastern District of Virginia challenging the federal Corporate Transparency Act. This lawsuit seeks to exempt community […]
Corporate Transparency Act Update
The Federal Corporate Transparency Act (CTA) took effect on January 1, 2024. While the new requirement has undergone various challenges and legal cases, it remains in effect. Entities required to comply with the CTA’s disclosure filing should continue to do so. As we have advised previously, the CTA mandates qualifying entities to submit Beneficial Ownership […]
Navigating HB 1203: Changes Impacting Homeowners’ Associations in Florida
On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational requirements for community association managers and HOA directors, access to certain HOA records, prohibitions against a HOA limiting or placing requirements on the interior of a home, and prohibitions against a HOA […]
Division on Civil Rights Announce Enforcement Actions for Alleged Harassment in Housing Based on National Origin and Sex (NJ)
Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued Findings of Probable Cause in a matter where a resident living in a condominium at The Summit in Neptune repeatedly harassed a neighbor on the basis of national origin and sex in violation of the New Jersey […]
Homeowners Win Key Ruling in Baldwin Sewer Rate Lawsuit (AL)
The Alabama Supreme Court has denied Baldwin County Sewer Service, LLC’s (BCSS) petition for a writ of mandamus in a long-running legal battle over a sewer rate increase. The decision, delivered on September 6, 2024, stems from a 2014 lawsuit brought by several homeowners’ associations who alleged that BCSS violated a 1991 agreement between a […]
Rally for HOA reform heading to Colorado State Capitol
Holly Crystal says her homeowners association in Frisco has been in turmoil for years. Court records show she has fought a long legal battle after she said her four-house HOA granted themselves an easement on her property. Last month, a court of appeals ruled in her favor on that issue. “I’m horrified to the point […]
You’ve Obtained a Judgment – Now What?
The easiest, quickest, and least painful way to collect money is through a settlement agreement with the owner. In a settlement agreement, the association and the owner reach a mutually agreeable arrangement to pay the debt. This may include waiving some amounts or accepting payments over time. Read the article…………………………….
Can HOAs Flout New Florida Law Barring Pickup Truck Parking Bans?
Among all the changes, one new law particularly stands out: As of July 1, homeowners association governing documents may not preclude a property owner or their tenant, guest or invitee from parking their personal vehicles in the owner’s driveway or in any other area in which they have a right to park as governed by […]
Co-ops and Condos Get a Much Needed Guide to LL97 Compliance (NY)
A new guide is out for large residential buildings, including co-ops and condos, that offers welcome clarifications on how to calculate and report carbon emissions in order to comply with Local Law 97. The 98-page document from the Department of Buildings (DOB) also explains how properties designated under Article 320 — the compliance bracket for […]
Platkin and DCR Announce Enforcement Actions for Alleged Harassment (NJ)
Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued Findings of Probable Cause in a matter where a resident living in a condominium at The Summit in Neptune repeatedly harassed a neighbor on the basis of national origin and sex in violation of the New Jersey […]
Special session? Florida Gov. DeSantis pushes lawmakers to act on condo crisis (FL)
Two months after saying it was up to lawmakers to convene a special session to address an affordability crisis among condo owners, Gov. Ron DeSantis now is urging the Legislature to move on the issue before the end of the year. “It needs to be done this calendar year,” DeSantis said Monday during a meeting […]
Navigating HB 59: Homeowners’ Associations Are Now Required to Provide Copies of its Rules & Covenants to Members (FL)
On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association Managers, must ensure that they […]
Understanding the Corporate Transparency Act: Safeguarding Your Board from Fraud and Bad Actors (IL)
The Corporate Transparency Act (CTA) went into effect January 1, 2024 with a compliance deadline set for January 1, 2025. This new law mandates that certain businesses disclose ownership information to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). The primary goals of the CTA are to increase business transparency and accountability […]
The Corporate Transparency Act: Key Information for HOA Board Members (TX)
The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, is a significant piece of legislation aimed at increasing corporate accountability and preventing illicit financial activities. While it primarily focuses on business entities, it also has implications for Homeowners Association (HOA) Board members. Understanding how the CTA impacts your HOA is crucial […]
May an HOA trim trees on a parcel within the HOA when its CC&Rs do not include a tree-cutting provision while other parcels do have a provision? (CA)
Facts: A homeowners’ association (HOA) wants to trim trees on a parcel within the HOA to protect the view of other parcels. The covenants, conditions and restrictions (CC&Rs) on the parcel do not contain a tree-trimming provision for protecting the scenic views of other parcels in the HOA. Another parcel in the HOA with a […]
Legal Challenges in Enforcing Short-Term Rental Restrictions
The rise of platforms like Airbnb and VRBO has made short-term rentals increasingly popular. While this trend offers benefits to property owners, it presents unique challenges for homeowners associations (HOAs) and condominium associations. Enforcing short-term rental restrictions is crucial to maintaining community harmony, preserving property values, and ensuring a safe and enjoyable living environment. Read […]
9 Common Legal Actions Against HOAs and What to Do
As with any other organization, homeowners associations are vulnerable to legal action. More often than not, the community members challenge the association. HOAs must familiarize themselves with the most common homeowners association lawsuits to better prepare for any possibilities. Most HOAs have faced some form of legal action from homeowners or vendors. While some lawsuits […]
CTA Reporting
Problem: Our board is preparing to file the “Beneficial Ownership Information” report, but one member flatly refuses to provide the information we need. What can we do either to compel his cooperation or to avoid the penalties for filing late, or not filing at all, if he does not? Read the Q&A………………………………..
CTA Filing Questions Answered and Update
We all know that “time flies when you’re having fun“. It also accelerates at warp speed when you’re anticipating a deadline for an undesirable task. Condominium associations are facing such a deadline January 1, 2025. That is when most associations must comply with the Corporate Transparency Act, (CTA), requiring them to identify the people who […]
Circuit Court of Appeals Finds Fla. Stat. § 627.70132 Does Not Require Notice of a Supplemental Claim to Include an Estimate of Damages
Great Lakes Insurance SE v. Concourse Plaza A Condominium Ass’n, 22-13141, 11th Cir., Apr. 15, 2024 In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132 required the insured’s notice of a supplemental claim to its insurance carrier include an estimate of damages. Read the article…………………………….
Condo owners opposing sale of Pembroke Pines’ Heron Pond complex lose first court fight (FL)
A pair of condo owners at the embattled Heron Pond complex in Pembroke Pines lost their first court fight against the receiver’s plan to list the property for sale. The 25-acre Heron Pond, at 8400 Southwest First Street, is home to 304 units in 19 two-story buildings. Since last summer, the city has slammed Heron […]
Homestead subdivision petitions for a public improvement district to repair roads (CO)
Residents of The Homestead subdivision in Gunbarrel filed a petition with Boulder County to form a Public Improvement District, a taxing entity for repaving the roads within the District. On Aug. 27 the Boulder County Commissioners attended a staff presentation concerning the petition submitted to the Clerk of the Board of County Commissioners proposing a […]
Update on The Corporate Transparency Act: Tips for Managers and Board Members
As of today (September 3, 2024), the Corporate Transparency Act (“CTA”) (see What Is the Corporate Transparency Act and Why It Matters to Your Association and Board Members) remains unchanged and still requires registration of certain information by almost all boards of directors of HOAs and condos with FinCEN (the Financial Crimes Enforcement Network). Below […]
Condominium Law Continues to Evolve (FL)
The legal landscape for condominium law continues to evolve. On August 5, 2024, Miami-Dade Circuit Court Judge Thomas J. Rebull issued an illuminating order in the long-running Carillon litigation. Moreover, on October 1, 2024, a key deadline in HB 1021 (passed earlier this year) will kick in. Let us discuss both of these events in […]
2024 Legislative Clarifications For Board Members and Managers (FL)
The purpose of this article is to address the following: Homeowners’ and condominium association board member certification requirements, certificate retention and continuing education requirements (all of which are quite different); Condominium association and homeowners’ association hurricane protection requirements; Clarify homeowners’ association website posting requirements and remind homeowners’ association board members of mandates from the 2024 […]
Can I sue my HOA? (FL)
If you are unhappy with your homeowners’ association (HOA), you may wonder if you can take legal action against them. The answer is yes, you can sue your HOA under certain circumstances. In this blog, we explore common reasons for suing an HOA and what you need to know before taking this step. Read the […]
Florida lawmakers stay quiet as corporations buy thousands of homes
As investor-backed firms buy up homes across the country, policymakers at every level are considering how to limit Wall Street’s control of the housing market. In Congress, Democrats have proposed a bill that would require hedge funds to sell off single-family homes over the next decade Read the article…………………………….
Common HOA legal issues and how to avoid them
Every homeowner must know their legal rights and responsibilities as a member of a HOA. Awareness of these will provide you with solid references when dealing with all HOA’s internal and legal issues. Homeowners’ associations (HOAs) are essentially a form of small governments, which means they have their own types of legal and financial issues […]
Termination: Now You Should Be Scared to Death of It! (FL)
Wow! How quickly things change. We’ve spoken about on the Condo Craze and HOAs show about a recent Miami case involving the Biscayne 21 Condominium, where its’ declaration of condominium stated that the condominium can only be terminated with a 100% vote of the owners. However, the declaration could be amended by a vote of […]