In spite of a few misgivings, Swansboro commissioners approved the annexation of the Swansgate subdivision. In her report to the commissioners Alissa Fender, town clerk, said the process was made unusual because of the timing. Specifically, the petition for annexation came only after the 37 individual lots were developed and sold. Read the article………………………..
Officials Oppose “Trenton’s Control” Of Senior Communities (NJ)
The mayor and council of Berkeley Township are speaking out against state bill A4377, which they said would take control over common interest communities, including senior communities. Berkeley’s governing body members believe that the bill, which if passed would grant New Jersey’s Department of Community Affairs (DCA) administrative oversight over common interest developments, sets unnecessary […]
HOA Homefront: New laws coming in 2023 protect roommates, social media posts (CA)
While 2021 was a banner year for positive HOA legislation, 2022 turned out to be less helpful in Sacramento for California HOAs. While many bills were introduced this year, only one made it to the governor’s desk. Assembly Bill 1410, authored by Assembly Member Freddie Rodriguez from Chino, was signed into law Sept. 30 by […]
Temporary fencing approved for debated Rio Del Mar patio walkway (CA)
After months of back and forth, a Santa Cruz Superior Court judge finalized his ruling this month in favor of securing Rio Del Mar private owners’ rights to a beachside walkway. Read the article………………………..
Landscaper wants summary judgment, in case where woman’s fall and treatment led to her death (PA)
Gary L. Essaf Jr. (individually and as administrator of the Estate of Kathleen Essaf, deceased) of Broomall first filed suit in the Delaware County Court of Common Pleas on Feb. 4, 2021 versus Danella Realty and Management Company, Inc. and Hilltop Condominium Association II, both of Blue Bell. Read the article………………………..
HUD charges California condo operators with disability discrimination
The U.S. Department of Housing and Urban Development has charged the operators of a 556-unit, high-rise condominium tower located in Long Beach, Calif., with discriminating against a homeowner because of disability by refusing to provide her a permanent parking space to accommodate her wheelchair-accessible van. Read the article………………………..
Addressing Requests for Installation of Solar Panels on Shared Common Area Roofs (CA)
The rising cost of electricity, environmental considerations, clean energy and tax savings, utility company programs designed to help alleviate the demand on the grid, and the proliferation of affordable residential solar energy systems have made solar power more popular than ever. Read the article………………………..
WHAT TO KNOW ABOUT HOW HB22-1137 CHANGED HOA COLLECTIONS (CO)
This past summer, the Colorado legislature passed HB22-1137, which became effective on August 9, 2022. This new law requires Colorado associations to update their Collection Policy, Covenant Enforcement Policy and Conduct of Meetings Policy. Additionally, it requires several changes to the collections and covenant enforcement processes. This article focuses on the collections changes, but if […]
Helping to Alleviate Condominium Unit Owner Reservations About New Statutory Reserve Requirements (FL)
The unanimous passage of Florida Senate Bill-4D was met with jeers, cheers and fears to some degree by nearly every Floridian who owns, manages, insures or advises a condominium property in the State. Among the most anticipated of the statutory changes to Chapter 718, Florida Statutes (The Condominium Act) in the aftermath of the Champlain […]
ARIZONA HOA LEGISLATIVE UPDATE 2022
This year’s Arizona legislative session adjourned on June 25, 2022. The general effective date for new laws is September 24, 2022. 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 […]
Unpublished California Appellate Decision (Fourth District, Third Division)
Plaintiffs Michael Mojtahedi and Mojdeh Mojtahedi along with defendant Greg Carpenter are homeowners in Laguna Sands, a condominium complex in Laguna Beach, California. Plaintiff Mojdeh Mojtahedi and defendant concurrently served on the homeowners association’s board of directors. Plaintiffs sued defendant, the homeowners association, and other individual board members for breach of written contract, enforcement of […]
A Cautionary Tale for Associations: A Condominium Association Bears a Duty to Exercise Reasonable Care for the Resident’s Safety in the Common Areas (MA)
The recent Massachusetts Superior Court decision in Field, et al. v. Highbridge Concierge, Inc., et al., 1784 CV 02486-B (Mass. Super. Ct. July 5, 2022) (Roach, J.), defines the standard of care that condominium trusts owe to unit owners and others lawfully within the common areas. Read the article………………………..
And the Pendulum Swings: HB22-1137 – HOA Board Transparency and Accountability (CO)
The Colorado General Assembly passed HB22-1137 increasing HOA Board requirements before filing lawsuits and limiting interest on delinquent accounts. We have mixed emotions about this law. On one hand, we have seen some heavy-handed HOA boards and lawyers taking advantage of the previous law. On the other hand, the pendulum has swung far the other […]
Kansas Association Votes to Amend HOA Voting Procedures
The Board of Directors of Forest Lakes Master Association sought to amend the HOA voting procedures set forth in the Association’s Declaration. The Board requested all members vote in person or by proxy at the meeting they called to consider the amendment. With concern that they would not get full participation, the Board also announced […]
Liberty condo lawsuit settled out of court (OH)
A Liberty condominium group of 41 lot owners within the Kline’s Farm development has dropped its lawsuit against the community development group, its real estate agency and others, alleging violation of community rules. Read the article………………………..
HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS (AZ)
On March 30, 2022, Governor Ducey signed HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS; HOAs into law which amends the Condominium Act. This new law applies only to condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand explanation of the new law. Please contact Mulcahy Law […]
CLAC INTERPRETATION OF HB22-1137 (CO)
Colorado Legislative Action Committee (“CLAC”) is the legislative lobby arm for the two Community Association Institute Chapters in Colorado. CLAC has been involved in the analysis of HB22-1137, recent legislations that modified the Colorado Common Interest Ownership Act concerning collection of outstanding assessments, including foreclosures, covenant enforcement, and the handling of private issues during association […]
Are HOA Debts Subject to the FDCPA? (AZ)
he Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
A solution for HB-1137 required collection notice postings: ‘HOA Postings’ (CO)
Colorado House Bill 22-1137, effective on August 10, 2022, requires Associations to post a copy of certain collection notices on the door/property of the delinquent owners. Read the article………………………..
HB2010: Flags; Homeowners’ Associations (AZ)
On March 30, 2022, Governor Ducey signed HB2010: FLAGS; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to both planned communities and condominiums and will become effective on September 24, 2022. Read the article………………………..
Wage Transparency Requirements (NY)
The way co-op and condo boards advertise job openings, recruit applicants and promote employees is about to undergo a radical change. Starting on Nov. 1, 2022, all New York City employers with four or more employees, including co-op and condo boards, must include a “good faith” salary range for every job, transfer and promotion opportunity […]
HB2158: Homeowners’ Associations; Political; Community Activity (AZ)
On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C. ‘s […]
Who Owns a River?
Fly anglers in western states aren’t the only ones facing river access issues. This spring I wrote a piece for Fly Fisherman entitled “Is New York’s Delaware River Public or Private for Anglers?” In the article I laid out the confusing case of what appears to be a two-member homeowners association (HOA) that has posted […]
The NC Court of Appeals Lays an Egg: Bryan v. Kittinger
The NC Court of Appeals, in a published opinion (i.e., the opinion is binding precedent), got egg on its face in the case of Bryan v. Kittinger. The Court begins its opinion by citing a New York case: “The issue is, what is chicken?” Read the article………………………..
New Law! HB2131: Artificial Grass Ban Prohibited; HOAs (AZ)
On March 30, 2022, Governor Ducey signed HB2131: ARTIFICIAL GRASS BAN PROHIBITED; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819). This new law applies only to planned communities and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand […]
Colorado 2022 End of Legislative Session Report
The Colorado General Assembly had a busy year, with 418 bills introduced in the House and 238 bills introduced in the Senate. While the Colorado Legislative Action Committee (CLAC) tracked many bills of interest, the piece of legislation of most consequence was HB 22-1137, which restricts an association’s power related to fines and rule enforcement. Read […]
Open Meetings In Oregon HOAs & Condos
Oregon homeowners associations and condominium unit owners associations are subject to open meetings laws. The laws are found in ORS 94.640 for planned communities, and ORS 100.420 for condominiums. However, each of those statutes was amended by the legislature in 2021 by the adoption of Senate Bill 329. The rules for Oregon planned communities and […]
A Primer on Mediation in North Carolina’s State and Federal Courts
Litigation is costly, both in time and money. Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve a lawsuit. Read the article………………………..
Increase in the Fees Charged for Estoppel Certificates (FL)
In accordance with Florida Statutes 718.116, 719.108 and 720.30851, fees for estoppel certificates shall be adjusted every five (5) years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, US City Average, All Items. The Department of Business and Professional […]
Board of Director E-mails as Official Records Revisited (FL)
Last year we published an article titled “Should Board Member E-Mails be Maintained in the Official Records?” Spoiler alert: the article concluded that based on previous Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes (“DBPR”) rulings, the answer largely depended on whether emails that related to the operation of […]
CORONADO CAYS HOMEOWNERS ASSOCIATION, Plaintiff and Respondent, v. CITY OF CORONADO, Defendant and Appellant. (CA)
City of Coronado (the City) appeals a judgment in which the court determined the City, rather than Coronado Cays Homeowners Association (the Association),[1] is responsible for maintaining a berm that laterally supports bulkheads located on property within the Coronado Cays subdivision. The bulkheads are adjacent to and act as a retaining wall for a waterway […]
2022 Legislative Update (AZ)
The Arizona Legislature passed three bills, which Governor Ducey then signed, that have a direct impact on the community association industry. House Bill 2158, House Bill 2131 and House Bill 2010 will become law on September 24, 2022. Below is an overview of these three new laws. Read the article………………………..
Split 7th Circuit allows racial housing-discrimination claims to proceed against individuals but not Kokomo HOA (IN)
A Black couple subjected to racist harassment from their neighbors may proceed to jury with their racial housing discrimination claims, a split 7th Circuit Court of Appeals has ruled. A dissenting judge, however, argued that a nexus between discriminatory treatment and an adverse housing action was lacking in their claims. Read the article………………………..
New Proposed City of Chicago Electric Vehicle Charging Ordinance: What Do Chicago Community Associations Need to Know? (IL)
On July 20, 2022, a new ordinance called the “Electric Vehicle Right to Charge Ordinance” was proposed to the Chicago City Council – Committee on Housing and Real Estate. The proposed Ordinance grants unit owners (and tenants) the right to tie into a community association’s garage common electrical system to install an electric vehicle (EV) […]
Due Process is Critical to the Violation Process (IL)
Consistent with prior rulings, Illinois courts have shown a fondness to expand a condominium board’s duties in ensuring “due process” in violation hearings. In Board of Directors of Winnitt Park Condominium Association v. Bourdage, the court refused to uphold a fine imposed at a violation hearing that was held at a time when the board […]
Wyoming HOA charged with Fair Housing Act violation
The U.S. Department of Housing and Urban Development (HUD) charged Spring Creek Homeowners Association, the governing body of approximately 131 residential housing units in Jackson, Wyo., with discriminating against two homeowners because of disability by imposing restrictions on their assistance animals and retaliating against them for filing a Fair Housing Act complaint. Read the article……………………….. […]
Security Issues for Associations (MA)
A recent Massachusetts Superior Court decision (Field, et. al. v. Highbridge Concierge, Inc., et. al.) has rattled windows in the condominium world, describing, in large capital letters, the security obligations of condominium associations and association managers. Read the article………………………..
Do I have standing to bring a declaratory judgment action? (OH)
In this case the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision granting judgment to a Home Owner’s Association on its complaint for damages. Regarding a claim for interim road contribution fees, the court found the plain language of a temporary easement did not permit recovery of such fees. […]
Fannie Mae Shakes Up the Co-op and Condo Lending Game (NY)
In the past, Fannie Mae bought apartment loans based on a building’s financial health,” says Jerry Niemeier, an authority in co-op lending. Then came the deadly Florida condo collapse. “Now Fannie Mae is asking lenders to essentially certify that there are no significant deferred maintenance issues or unsafe conditions in the building. And if repairs […]
NJ Supreme Court Ruling Addresses Enforceability of Arbitration Clauses in Construction Defect Disputes Involving Direct Claims Against a Judgment Debtor’s Insurer
The Supreme Court of New Jersey recently ruled that a condominium association may bring a direct action to recover damages based upon construction defect claims against an insolvent judgment debtor’s insurer. The Court further held, however, that a mandatory arbitration provision in the underlying insurance policy will be applicable to such claims. The case is […]
Statewide Reserve Studies and Funding Required Effective October 1, 2022 (MD)
Building on the requirements put into place for Prince George’s and Montgomery Counties over the last couple of years, the Maryland legislature passed additional legislation requiring reserve studies and full reserve funding for ALL homeowners associations, condominium associations and cooperative associations (collectively, “Community Associations”) in all counties statewide. Read the article………………………..
Ohio bill would protect flying Thin Blue Line flag
….Miller said he purposely kept the bill narrow. “For those that wish to get another type of flag added to the exemptions, they can offer a bill and try to push that through the General Assembly if that’s their wish,” he said Read the article………………………..
Condominium Documents That Require Co-Owners to Use a Developer’s Rental Management in Condo Hotel May Violate The Sherman Antitrust Act (MI)
As a condominium attorney, I have always been fascinated with condominium hotels, and wrote one of my first published articles on condominium hotels in 2012. Condominium hotels can often be a great investment, as they provide a place for co-owners to vacation and rent their units for a portion of the year to earn supplemental […]
Issues In Apartment Buildings When There is No Mending Wall (NY)
……case law around a myriad of noise complaints in apartment buildings and how and how boards and cooperative owners can make sense of a 2022 Ruling in O’Hara v. Board of Directors of the Park Avenue and Seventy-Seventh Street Corp., 206 A.D.3d 476 (1st Dep’t 2022). Read the article………………………..
EXECUTIVE SESSIONS AND HOUSE BILL 22-1137 (CO)
One instance in which Colorado law favors transparency in homeowner associations is in the form of open Board meetings. Specifically, Section 308 of the Colorado Common Interest Ownership Act (“CCIOA”) provides that meetings of an association’s Board of Directors are generally open to attendance by all homeowners Read the article………………………..
Can short-term rentals be restricted by homeowner’s associations or the city? Here’s what legal experts say. (TX)
Proponents of short-term rentals have argued homeowners associations and city governments alike don’t have jurisdiction to ban them, citing a Texas Supreme Court case decided in 2018. Opponents of short-term rentals say the court opinion works in their favor by expressly allowing cities and homeowners associations to limit the minimum duration of rental periods. Read […]
Court Affirms Homeowners Association’s Decision to Grant Fence Variance (WA)
The Washington Court of Appeals ruled earlier this month that a homeowners association committee properly exercised its authority under real estate covenants to grant owners a variance for a cedar fence. Read the article………………………..
Notice to Clients About HB 22-1137 (CO)
On August 10th, HB 22-1137 became law. All associations not exempt from the relevant provisions of CCIOA, must now take the following actions regarding delinquent accounts: Read the article………………………..
Ohio bill would allow residents to fly “Thin Blue Line” flag despite landlord, HOA rules
A bill in the Ohio House is aiming to stop landlords and homeowner associations from prohibiting residents and tenants from flying the pro-police flag known at the Thin Blue Line flag, reports WEWS. Read the article………………………..
Judge denies injunction to reopen HB access path (FL)
The dispute began in April when Travis Resmondo, owner of property at 99, 100 and 101 78th St., posted private property signs at the path — which begins on his vacant lot at 99 78th St. and continues onto Michael Fronk and Oceana Condominium Association’s vacant lot at 98 78th St. — giving notice that […]