The owner of a double-tower housing complex in downtown San Jose has won a court order to temporarily halt a foreclosure proceeding to seize control of several condos in the high-rises. China-based Z&L Properties faces a foreclosure attempt due to delinquencies that have arisen from unpaid dues to the homeowners association for unsold condos in […]
New nationwide laws limit power of homeowners associations to dictate residents’ yards — here’s why it’s important
Across the U.S., a growing legislative trend is empowering homeowners to cultivate native plants in their yards, even when homeowners associations forbid it. In 2022, 84% of new, single-family homes belonged to an HOA that sets landscaping rules, according to the U.S. Census Bureau. But thanks to new state laws, HOAs in some areas can […]
POA issues statement on Atkins et al v. HSVPOA (AR)
Though apparenty the Saline County Circuit Court civil summons has not been served on the Hot Springs Village Property Owners’ Association, the POA issued a statement to property owners related to the complaint that was filed Tuesday afternoon. Read the article…………………………….
Major Win for HOAs on Enforcing Restrictive Covenants in Washington
As recorded in the court’s decision, in 2018 the View Ridge Estates amended its CC&Rs to declare that: “No trees or other vegetation, in a view and/or view corridor area, shall be taller than a maximum of fifteen (15) feet …. Taller trees and shrubs are permitted so long as no Member’s view is unreasonably […]
Amended construction defects bill passes Colorado Senate but still lacks homeowner group’s support
The Colorado Senate passed a watered down version of a contentious bill on Thursday that sponsors hope will reduce insurance costs for condominium construction in the state and spur the development of that type of housing. SB-106 would have added a right-to-repair path to resolve faulty construction issues outside of the costly litigation process and […]
Queens Condo Mgmt Must Pay $119K For Workers Stiffed Out Of Benefits (NY)
Managers of a swanky Queens condo building stiffed workers out of benefits they were entitled to receive under the terms of a lucrative tax break, said city Comptroller Brad Lander. Choice NY Property Management must pay $119,000 to its workers at The Jackson, a condominium in Long Island City, according to a wage theft settlement […]
Holding Condominium Developers and Their Principals Liable (NY)
In Board of Managers of the Brighton Tower II Condominium v. Brighton Builder, LLC, the Second Department which overseas Brooklyn and Long Island lower courts, issued a decision which clarifies what condo boards and owners have to establish in order to succeed against sponsors and their principals in construction defect cases. The court offered important […]
What (Gov.) Little just did with a bill to help the developer of a big Boise-area subdivision (ID)
The bill appears to take aim at the PUC’s decision in 2023 to regulate water rates dictated by the homeowners association of Dry Creek Ranch, a planned community in the Boise Foothills, after residents complained of rising prices. The Dry Creek Water Company previously operated as an unregulated public utility. Read the article…………………………….
Port of Bellingham hit with restraining order after developer Harcourt files countersuit (WA)
Harcourt Developments, the Ireland-based company constructing three multi-million dollar residential condo buildings along Bellingham’s waterfront, has filed a lawsuit against the Port of Bellingham, alleging Port officials have threatened to call police and request trespassing citations be issued if Harcourt did not remove its equipment from Port property. Read the article…………………………….
Santa Monica luxury towers, HOA fees, alleged theft: Where did the millions go? (CA)
Residents didn’t grasp the scale of the alleged problems until last year — when a Los Angeles County grand jury handed down a 119-count indictment accusing both Spahis, now-former Ocean Towers Housing Corp. President Joseph Orlando and his wife, Dorothy, of grand theft, identity theft and money laundering. Read the article…………………………….
Bill advances to give condo owners a new way to buy into rooftop solar (HI)
Condo owners may have a new pathway to access benefits from rooftop solar. The Hawai?i Senate is considering a bill to create a Solar Hui Program, allowing multi-family property owners to pay into a collective investment fund that would go towards energy projects and loans. Read the article…………………………….
Collecting on Judgment Liens in Florida
Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect […]
‘Fraud never pays’: Utah woman sentenced after stealing over $230K from HOA (UT)
A Utah woman was sentenced to home detention and probation on Monday after stealing from the HOA and putting the money in her own pockets. Sharon Lee Ann Gordon, 66, of Hurricane, was sentenced Monday, April 8, to 12 months and one day of home detention, and three years’ probation after pleading guilty to stealing […]
What are Florida’s new homeowners association laws? How to find your HOA’s rules
More than 75 million Americans live in subdivisions, condo buildings and other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules. And Floridians who live in places with homeowner associations now have laws protecting their right to know what their dues are paying for. Read the […]
Virtual Board and Member Meetings (CA)
Good news for directors and managers who hold virtual meetings but hate the hassles that come with hybrid meetings: you can legally hold solely virtual meetings! Read on for details. Associations have been using virtual video communications platforms like Zoom, GoTo Meetings, and Microsoft Teams for the last few years to hold board and member […]
Anatomy of a fall: Florida condo case to decide who to blame for dangerous balcony
On the second day of vacation with his wife and kids, David Casey was sipping a glass of pinot noir on the balcony of a rented condo in the Florida Panhandle, taking in the night view of the beach. As Casey leaned against the wooden railing on the third-floor unit in Seacrest, it suddenly gave […]
House Bill 1203 – Continued (FL)
If the unit owners elect to do so, they can vote for the association to prepare a lesser year-end statement than what is required by law. The law has changed and now states: An association may not prepare a lesser financial statement than what is required by law for consecutive fiscal years. Read the article…………………………….
Legislature adds teeth to Florida’s community association fraud laws
In response to cases such as the alleged theft of more than $4 million at the Hammocks HOA in Kendall and the arrests of four of its former board members and one of their spouses, the Florida Legislature has passed two bills to strengthen criminal penalties for association fraud and malfeasance. The bills, which were […]
Arizona Law Mandates Open Meetings for Planned Communities
In Arizona, homeowners’ associations are governed by a law that promotes transparency and resident participation. The statute, A.R.S. § 33-1804, is part of the state’s Planned Community Act and requires associations to conduct open meetings with only a few narrow exceptions. Subsection (A) of the law sets forth the general rule: all meetings of an […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to […]
MHH Condo/Co-op Digest Vol. VI, April 2024 (NY)
Court Of Appeals Decision Threatens To Upend NYC Property Tax System: On March 19, 2024, the New York State Court of Appeals issued a decision in Tax Equity Now NY, LLC v. City of New York et al., Index No. 153759/2017 (Sup. Ct. N.Y. Co.), opening up a path forward to challenging New York City’s […]
New Arizona law targets relics of race-based housing discrimination
Peter Williams thought he had the law on his side last year when he led an effort to remove ugly and illegal housing restrictions that still appeared in the founding documents of his Tucson neighborhood. Now he knows it for sure. Read the article…………………………….
Changes to the Homeowners’ Association Act: HB 437 Expands Property Owners’ Rights to Use Their Property (FL)
“Why does the HOA care what I do in my backyard?” is an all-too-common question posed by homeowners. Responsible for maintaining the community rules, facilities, and appearance, homeowners’ associations have an important role in upholding community standards. However, a common complaint amongst owners revolves around their homeowners’ association’s (“HOA”) authority to govern what happens in […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting […]
Statement from DHCD on Passage of Bill to Support Talbert Street Homeowners (DC)
Today, the Council of the District of Columbia passed the “Relief for River East at Grandview Condominium Owners Emergency Act of 2024,” which includes critical supports for homeowners of River East at Grandview Estates, also known as Talbert Street. Read the article…………………………….
Bill Seeks to Clarify Rules Regarding Colorado Metro District and HOA Foreclosures
State law gives metro districts the power to levy fines, fees, and taxes to pay for various construction projects within their territory. However, there is no requirement for metro districts to have a process for residents to dispute the fines levied. Moreover, a metro district could foreclose on a resident’s property if they fail to […]
765 ILCS 605/18.6 & 765 ILCS 160/1-70: A guide to displaying an American or Military flag in an Illinois Community Association
Can your HOA’s restrictive covenants or condominium documents ban flags? The ability to ban flags in community associations has become controversial in recent years. In many states, there have been news articles, and even lawsuits, involving owners who have encountered issues displaying political flags, thin-blue line flags, or flags from other countries. Generally, a community […]
WATCH: Proponents, critics clash over legislation aimed at increasing Colorado condo construction
Proponents and critics clashed over a proposal that sponsors argue would spur more construction of affordable condos during a town hall on Wednesday. Proponents said Senate Bill 106, which won a 4-3 vote from the Senate Local Government and Housing Committee, would help the construction industry with what developers and others believe is the most […]
The Chaos Inside the Corporate Transparency Act: How you can help now
As of March 1, the Alabama Federal Court found the Corporate Transparency Act to be unconstitutional, and chaos ensued. Unfortunately, the court ruling doesn’t apply to community associations — condominiums, housing cooperatives, and homeowners associations. According to the U.S. Department of Treasury, the only entities this court ruling applies to is the plaintiff, an individual […]
Bill to enhance condo safety measures post-surfside awaits governor’s signature (FL)
After the Champlain Towers South collapse killed 98 Surfside residents in 2021, the Legislature moved quickly to beef up structural inspections. Those reforms continued last month, when the Senate voted 40-0 to approve HB 1021, which now awaits Gov. Ron DeSantis’ signature. Read the article…………………………….
When Negotiations Fail: Forcing Your Association’s Neighbor to Grant a License for Protection May Be the Only Way (NY)
Property managers, take heed! A recent court case highlights the power you have to protect your associations when a neighboring building owner does not cooperate in giving a license for protection on their property so that the association can perform its work . In this case, the court awarded a license fee and mandated typical […]
Legislative Update—Proposed Changes to H 3180 Could Impact HOAs (SC)
As recently mentioned here on March 28, 2024, the South Carolina Legislature is currently considering a bill that impacts the ability of community associations to collect assessments from non-paying members of their communities. As originally drafted, House Bill 3180 would have eliminated any HOA’s ability to foreclose its lien when someone didn’t pay their assessments. […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. . . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface […]
AB 1458 Stop, Adjourn, Then Proceed: New Reduced Quorum Requirements Help Make Every Vote Count (CA)
Recent legislation has provided various tools to remedy the difficulties that many associations face due to the lack of member participation in director elections. AB 502 went into effect in 2022, permitting elections by acclamation when the number of qualified candidates running for a board of directors is less than or equal to the number […]
Florida lawyer writes rules to win condo auctions for $100. Judges let him do it.
The auction of this Oakland Park condo is not normal by the standards of Florida foreclosure sales, but for attorney Brad Ira Schandler, the auctioneer that day, it’s straight from his playbook. As with nearly every foreclosure auction he’s involved in, he and his associates win. The victorious bidder this morning? Schandler’s sister, Nadine August. […]
Security firm paying $230K to settle wage-theft case at Chelsea condo (NY)
New York Attorney General Letitia James and city Comptroller Brad Lander on Monday announced a nearly $230,000 settlement with the managers of a Manhattan condo building and a private security firm for underpaying its workers. A joint city and state investigation found that Allied Universal Security Services had for years been underpaying its security guards […]
Condo Boards: Know Your Responsibilities to Avoid Liability (NY)
Condominiums have a contractual duty to maintain common elements. While the business judgment rule normally protects condo board members from personal liability if their choices seem unwise, it won’t shield the condo if the board breaches its contractual obligations to owners. Boards who neglect these responsibilities could open the condominium up to significant liability. Read […]
FINCEN’s position unclear on HOA beneficial ownership (NV)
We continue our discussion on the Anti-Money Laundering/Corporate Transparency Act and how it will affect our HOAs in Nevada. What is somewhat ambiguous is whether or not community managers will be deemed individuals with “substantial control,” as that term is defined in 31 C.F.R §1010.380(d)(1)(i). When reviewing the definition, it can be argued that, essentially, […]
Court asked accelerate to unusual condo-vs-condo case in Key Biscayne (FL)
A Miami judge is being asked to put a quick end to a bizarre dispute in which two luxury Key Biscayne condominium associations are suing each other. The question? Who pays maintenance fees when an individual property owner falls behind on payments. A hearing in the year-long lawsuit has been set for April 23 before […]
When Law Enforcement Wants the Association’s Records (FL)
An HOA here in South Florida recently fought the State Attorney’s Office tooth and nail when they attempted to obtain copies of the association’s official records. There’s no doubt that as a result of that one HOA, the following law was passed: Read the article…………………………….
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Watershed ruling changes condo buyout landscape (FL)
Many condo terminations “just won’t work” following a recent appeals court ruling in Florida. The ones that we have reported on over the past year or so are all likely in some sort of limbo, or dead in the water, sources tell me. Condo buyouts, the precursor to developers terminating associations to eventually develop new […]
Does a Condominium Have to Put Insurance in the Annual Budget? (FL)
I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the […]
Can Emotional Support Animals Be Prohibited in the Pool Area? (FL)
The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida. What was considered a “family pet” in the State of origin, suddenly became an emotional support animal in pet-restricted Florida communities. Understandably, individuals with family pets, now being represented as […]
HOA boards unintended victims of federal law aimed at terrorism
A federal law aimed at curtailing money laundering to benefit terrorists is catching the more than 120 homeowners associations in Ventura County and elsewhere in its net with new beneficial ownership filing requirements. In effect, individuals who are elected by their fellow homeowners to represent their communities could be asked to register with the federal […]
Can HOAs Ban Politicking? (FL)
Question: With the upcoming elections, our association is considering banning politicking in our community. They want to stop everything from door knocks to lawn signs, all in an effort to “keep the peace.” While I understand that community harmony is important and this will be another controversial election, I don’t think they are allowed to […]
Rentals and condos would be required to allow pets under proposed bylaw in Arlington (MA)
A new bylaw proposed by Arlington animal would require rental and condominium agreements to allow common household pets. “An animal is like a family member. I would be heartbroken if I had to separate from my cat,” said Paul Schlichtman, who’s behind the legislation. He said the bylaw would allow residents to own common household […]
Deadline Regarding The Marketable Record Title Act (MI)
The Michigan State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community association boards and managers may not be familiar with the MRTA since its provisions historically have not affected community association administration, the 2019 amendments make it necessary for some homeowners associations to act before March 29, 2024. Subdivisions/homeowners associations […]
South Carolina Legislature Considering Two HOA Bills
Two bills, one dealing with the foreclosure process for homeowners associations and one dealing with HAM radios, have received attention from the South Carolina House of Representatives in the past weeks and are gaining momentum. On March 26, 2024, a subcommittee hearing took place at which both bills were considered. Read the article…………………………….
Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy
A federal court recently ruled that a carrier must defend its policyholder against a claim involving the treasurer’s erroneous payment to a scammer. The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that […]