A Florida condo association waited too long to sue FIGA over a hurricane insurance claim – and the court says the clock didn’t pause just because the original insurer failed Read the article…………………………….
Apple II Condominium Case Explained: Understanding Illinois Condo Restriction Categories
In 1995 the Illinois Court of Appeals issued its decision in Apple II Condominium Ass’n v. Worth Bank and Trust Co., 277 Ill. App. 3d 345 (1995) establishing a framework for analysis of the validity of restrictions imposed within a condominium. Though this analysis was conducted within the confines of a rental amendment that had […]
New Florida Condo Inspection & Reserve Requirements for 2025: What Owners & Associations Need to Know
Florida’s condominium laws have undergone significant reform in the wake of the Surfside tragedy, and 2025 marks a critical deadline for compliance with the new structural safety and reserve funding mandates. These changes, implemented through Senate Bill 4-D and further refined by Senate Bill 154, affect condominium and cooperative buildings that are three stories or […]
Will a legislative revamp stabilize Florida’s condo market?
Saying they are responding to residents’ concerns about rising costs, the Florida Legislature last week signed off on proposed changes to condominium-safety laws passed after the 2021 collapse of the Champlain Towers South building in Surfside that killed 98 people. The measure (HB 913), approved unanimously by the House and Senate, is now headed to […]
HOA/Affiliated Defendants Properly Awarded $81,083 In Fees Under The Davis-Stirling Act After Plaintiff Voluntarily Dismissed Her Suit (CA)
In Mondragon v. Bergmann, Case No. B335486 (2d Dist., Div. 3 Apr. 30, 2025) (unpublished), plaintiff suing a homeowner’s association and related defendants did win an anti-SLAPP grant and adverse fee order, but later voluntarily dismissed her suit without obtaining a settlement or any judgment. HOA then requested $81,083 in attorney’s fees Read the article…………………………….
Maryland’s 10-Year “Contractor” Statute of Repose and Developer Liability for Condominium and HOA Construction Defect Claims
“In Maryland Condominium and HOA Construction Defect Cases, the 10-year statute of repose for contractors, architects and engineers comes into play whenever damage or injury from a latent common area construction defect first occurs more than 10-years after the date that the community was completed. If the statute applies, it bars a condominium association or […]
Understanding 765 ILCS 605/25: Adding Additional Property to an Illinois Condominium
Under Section 25 of the Illinois Condominium Property Act (the “Act”), developers may reserve the right to add additional land to a condominium after it has been created, so long as the original declaration includes certain language required by the Act. See 75 ILCS 605/25. The fact that a developer may expand an already existing […]
El Cajon condos end ban on children playing in common areas (CA)
Dozens of families living in El Cajon are breathing a sigh of relief now that their children can play in certain areas of their condo complex without the fear of getting evicted. It comes after a settlement ending a ban on kids playing in common areas. In 2023, a family filed a fair housing complaint […]
HOA Homefront: Pending HOA bill would ‘protect’ electric heat pumps (CA)
This week’s column reviews three more bills in Sacramento that would affect California HOAs if passed. Senate Bill 282, authored by state Sen. Scott Wiener of San Francisco, would add a new Section 4737 to the Davis-Stirling Act and create a new “protected use.” Read the article…………………………….
Parapet inspections: What NYC boards and building owners need to know about Local Law 126
If you’re on a New York City co-op or condo board, or the owner of a rental building or townhouse, it’s time to have your parapet inspected. Almost all NYC properties need to have their parapets checked for unsafe conditions under Local Law 126, the same law that mandates parking garage inspections. Read the article…………………………….
California lawmakers kill bid to force HOAs to follow open meeting laws
Republican Assemblymember Joe Patterson says a woman slowly drives by his Placer County home about once a week and takes pictures. She’s not an angry constituent or a stalker. He said she’s a representative from his homeowners’ association gathering evidence to make sure the exterior of Patterson’s home complies with its strict rules. Read the […]
Hostile Environments in Today’s Community Associations
A recent survey conducted by Fortune Magazine revealed that 31% of Gen-Zers believe that violence to persons or property can be an appropriate way to bring about change. The survey also revealed that 55% of 18- to 34-year-olds believe that violence, property damage, and misinformation are appropriate ways to bring about change. Read the article…………………………….
Understanding Easement Rights Between Adjoining Condos: What Hunters Woods Teaches Us (MI)
Easement disputes between adjoining condominium associations can often lead to complicated and contentious legal battles. This is especially true in phased developments where multiple condominium communities share infrastructure, utilities, or access roads, yet their ownership and use rights may not always be clearly defined. One such case, Hunters Woods Site Condominium Association, Inc. v. Homes […]
Texas House Bill Is One Step Closer to Uncaging Backyard Chickens from HOA Rules
While most people in Texas are looking at some of the more controversial pieces of legislation being debated this year, chickens have silently won a battle for freedom in the Lone Star State. One piece of legislation you may not have heard about this year in Texas is HB 2013. House Bill 2013 tackles the […]
Update on Status of Pending Board Member Training Legislation (NJ)
The bill, if passed in its current form, will require newly elected association board members to take “at least” three hours of training within the first 180 days of their board tenure. The training would cover topics such as good business practices for associations, model record keeping procedures, legal requirements for boards, making budgets and […]
Senate sends amended condo safety package with reserve funding considerations back to House (FL)
How to balance condo safety with financial concerns over the hefty price tag to achieve it is still an open ended question, as legislation bounces back to the House for further consideration. Senators voted unanimously for an amended version of HB 913, which updates laws the Legislature passed after the 2021 collapse of the Champlain […]
Aspen Specialty Settles With Condo in $11M Nashville Bombing Coverage Dispute
Aspen Specialty Insurance Co. has reached a settlement with the owners of a Nashville condominium building that was badly damaged in the Christmas Day bombing in 2020. The terms of the settlement were not disclosed. Both sides have agreed to dismiss the 2023 lawsuit, according to an agreement filed in federal court in Tennessee. Read […]
Sacramento homeowners battle national developer in lawsuit over Natomas reservoir (CA)
Homeowners of a large North Natomas community and a national homebuilder are in a legal battle over who should pay for reservoir maintenance. The Westshore Community Assn filed a lawsuit Thursday in Sacramento Superior Court alleging national homebuilder K. Hovnanian Homes owes the homeowners nearly $800,000. The suit alleges the developer collected the money but […]
Update on Status of Pending Board Member Training Legislation (NJ)
In 2024, New Jersey Assemblywoman Annette Quijano introduced legislation (Bill A2449), which, if passed, would require community association board members to undergo board member training. While the bill is gaining traction in the assembly and may be signed into law in the near future, it is not yet the law of New Jersey – if […]
House supports new HOA ombudsperson in commerce budget bill (MN)
The omnibus commerce finance bill continued to garner little controversy or debate. The House passed HF2443/SF2216* on a 122-10 vote Tuesday after a few minutes of encouragement to support the bill from Rep. Kaohly Vang Her (DFL-St. Paul) and Rep. Tim O’Driscoll (R-Sartell), co-chairs of the House Commerce Finance and Policy Committee. Read the article…………………………….
Senate Committee To Consider Scaled-Back Language Limiting Local Authority on Residential Development (MN)
The proposed language would require administrative approvals for all multifamily development, limit parking minimums, prohibit certain aesthetic standards, and regulate homeowners associations. Read the article…………………………….
Hurricane resilience pilot program bill ready for Governor (FL)
The Senate has unanimously passed a bill aiming to improve the My Safe Florida Condominium Pilot Program that enhances hurricane resilience. St. Augustine Republican Sen. Tom Leek presented the bill (SB 592) before substituting in the House companion (HB 393) sponsored by Miami Republican Rep. Vicki Lopez. The House approved its version last week. Read […]
Central Florida homeowners beat their developer’s ‘club fees’ in court. Now the legislature may undo it
It took 5,500 Central Florida homeowners several years to win a landmark class action lawsuit against their developer, who was making millions in profit each year by charging them “club fees” to use their neighborhood pool, clubhouse and other amenities. Now, as the Legislature plays out the final week of its regular spring session, a […]
Illinois Appellate Court Decision Reinforces Condo Association’s Right to Assess Deductible After Fire Damage
Illinois condominium associations can be placed in the difficult position of balancing equitable treatment of unit owners with fiscal responsibility following unexpected damage to the property. A recent decision by the Illinois Appellate Court provides critical guidance on an association’s authority to recoup insurance deductibles from a unit owner in circumstances where the damage originates […]
HB25-1182 (Risk Model Use in Property Insurance Policies) (CO)
The Bill has several components; however, the crux of the Bill is to compel insurance carriers and underwriters to account for fire mitigation strategies implemented by property owners and communities when issuing, renewing (or nonrenewing), and pricing property insurance. Read the article…………………………….
Pending state HOA bills to watch: Balcony inspection records, rebuilding parameters (CA)
This year Sacramento has been much more active regarding proposed HOA legislation, with at least nine bills introduced that directly affect HOAs in various ways. Senate Bill 410, by state Sen. Tim Grayson (D-Concord), builds upon the “balcony inspection law” of Civil Code 5551. Now that the state’s Jan. 1 deadline for the first inspection […]
Oregon Plaintiffs Oppose ‘Stay’ in Corporate Transparency Act Case
Dawn M. Bauman, chief strategy officer for the lead plaintiff in the 4th Circuit case, Community Associations Institute, told Checkpoint that the group does not intend to oppose the government’s motion to hold the case in abeyance. But the plaintiffs in the 9th Circuit case, Firestone v. Bessent, are taking a different approach. Read the […]
432 Park condo owners file another lawsuit against Macklowe, CIM Group (NY)
Buyers at 432 Park Avenue are suing the developers over construction defects — again. Owners at the Billionaires’ Row tower filed another lawsuit against Macklowe Properties and CIM Group on Friday, alleging the developers concealed cracks in the building’s facade from buyers and city inspectors, Crain’s New York reported. Read the article…………………………….
Regulations Pose Challenges for Condos and Co-ops (NY)
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 […]