A Miami-Dade judge has awarded more than $70 million to the more than 130 attorneys and staff who aided in class-action litigation related to the Surfside condominium collapse. Read the article………………………..
Surfside settlement legal fees could be hot topic during upcoming court hearing (FL)
Surfside families are expected to be back in court on Monday. Something that could come into focus is what the attorney fees may be in the billion dollar settlement. Read the article………………………..
Lawmakers push for more regulation (MD)
There have recently been cases of financial irregularities with Maryland HOAs, and one lawmaker is pushing for more regulation. He is seeking more protection for consumers. The aim is to train community managers to know the rules in order to make decisions that benefit the homeowners as well as the HOA. Read the article………………………..
Flooded Tuckahoe condominium sues insurer for $1.7M (NY)
The Rivervue Condominium at 1 Scarsdale Road claims that Metropolitan Property & Casualty Insurance Co. has not fully honored the flood insurance policy, according to a complaint filed Aug. 16 in U.S. District Court in White Plains. Read the article………………………..
Are HOA Debts Subject to the FDCPA? (AZ)
The 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 […]
Judge invalidates bogus claims in Florida condo building collapse (FL)
Hundreds of bogus claims that sought a share of the $1.1 billion settlement in the deadly collapse of a Florida condominium building were ruled as fraudulent and invalid by a judge Wednesday. Read the article………………………..
Texas Businesses Ask State Supreme Court to Hold Insurance Companies Accountable for Damage Claim Denials
Veteran insurance and construction litigation attorney Marc Gravely filed a friend of the court brief on Tuesday on behalf of the Texas Hospital Association, the Texas Hotel and Lodging Association, the Texas League of Community Charter Schools, the Texas Community Association Advocates, the Texas Automobile Dealers Association, the Texas Independent Automobile Association, and the Texas […]
Ohio lawmakers want to prohibit landlords, HOAs from banning ‘thin blue line’ flags
Two Ohio Republicans want to make it illegal for landlords, homeowner associations and others to ban the flying of “thin blue line” flags after the father of a fallen officer was told to take his down. Read the article………………………..
The Good, the Bad and the Scary News on Local Law 97 (NY)
The New York City Council enacted Local Law 97,/a> in 2019 as part of the pioneering Climate Mobilization Act aimed at reducing the greenhouse gas emissions that are causing climate change. The law zeros in on large buildings, including co-ops and condos, setting limits on their emissions. The city’s one million buildings generate nearly 70% […]
Bill would require structural inspections of multi-family dwellings to prevent collapses (NJ)
New multi-family buildings in New Jersey would have to be cleared by a structural inspector under new legislation inspired by last year’s deadly condominium collapse in Surfside, Florida. Read the article………………………..
Money & the Law: Law governing HOA’s grows even more complex (CO)
Restrictive covenants and homeowners associations (HOAs) are a mixed blessing. On the one hand, they help to keep residential properties well maintained, thereby enhancing property values. On the other hand, they restrict individual choice and can be a catalyst for bullying by an overly aggressive HOA. Read the article………………………..
3 Court Cases That Shaped the Way Your Association Pursues Condo Debt Collection
Condominiums (and to a certain extent HOAs) are “creatures of statute.” Every year, in almost every state, new laws and new court cases can change the dynamic of how a community association can collect delinquent assessments. This article will cover some examples of the more significant cases to impact condo debt collection coast to coast. […]
State publishes mandatory condo form (FL)
As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations. Read the Q&A………………… The […]
Questions linger regarding the new law addressing building safety (FL)
Q: I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the association to reserve for window replacement. How will this requirement work in a community […]
Slips and Falls by Co-owners on the Common Elements of Condominiums: Who, If Anyone, Is Liable? (MI)
On February 1, 2022, in Janini v London Townhouses Condo Ass’n,[1] the Michigan Court of Appeals (“COA”) held that a co-owner of a condominium unit could not bring a premises liability action for a slip and fall that occurred on the common elements of the condominium because he was not a licensee or invitee, but […]
State Land Court Lets Homeowners Repudiate Racist Covenants in Deeds (MA)
State Rep. John Barrett III could not get state law changed to allow homeowners to strike racist language from their deeds. But he came pretty close, and the effort shed light on a problem that those homeowners can address, free of charge, in the documents that define their real property. “As the Land Court put […]
“Direct Action Statute” Can Permit Judgment Claimants to Collect from Debtors’ Insurance Policies (NJ)
In Crystal Point, the Condominium Association obtained two default judgments for construction defect claims against a structural engineer and its companion construction inspection entity. The default judgment defendants could not be located and efforts to execute upon the default judgments were returned uncollectible. Read the article………………………..
Collection lawyers avoid lending laws in Maryland; Dissenter decries loophole
A law firm in the business of collecting homeowner association and condominium dues isn’t a “lender” under the Maryland Consumer Loan Law, the state’s highest court ruled, answering a central question in a class action in federal court by delinquent property owners. Read the article………………………..
Seven Lakes West Property Owners Prevail in Suit Against Association (NC)
Only dues-paying members of Seven Lakes West are entitled to vote in association elections, Moore County Superior Court Judge James Webb has ruled. The decision comes a year after a group of 10 property owners sued the association over what they claimed were election irregularities and improper votes cast. Read the article………………………..
New Amendment To Ohio Condominium Act Protects Solar Rights
Senate Bill 61 was recently signed by Gov. Mike DeWine. Now law, the bill makes significant changes to the Ohio Condominium Act as well as the Ohio Planned Community Act. The bill, sponsored by Sen. Louis W. Blessing and Sen. Nickie Antonio, provides additional protections for homeowners to install solar panels on their properties in […]
Condominium and Cooperative – Required Building Reporting (FL)
Fla. Stat. §718.501(3)(a) and Fla. Stat. §719.501(3)(a) require all condominium and cooperative associations existing on or before July 1, 2022, to provide the following information Department of Business & Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes (“DBPR”): Read the article………………………..
Emergency Response Vehicles (AZ)
Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles. Read the article………………………..
State of Arizona, Foothills Reserve HOA $18M eminent domain judgment
The state of Arizona was ordered to pay $18 million to Foothills Reserve homeowners association (HOA) homeowners in a judgment resolving eminent domain claims. Read the article………………………..
Clearing Up Confusion Over the Climate Mobilization Act (NY)
The Climate Mobilization Act — the landmark legislation aiming to reduce carbon emissions in New York City’s building sector by 40% by 2030 and 80% by 2050 — exists in a strange place in cooperative and condominium circles. Read the article………………………..
All Condos and HOAs Are Now Required To Undertake Regular Reserve Studies (MD)
As previously reported, during the 2022 legislative session, the Maryland General Assembly passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Read the article………………………..
Community Association Statutory Meeting Notice Requirements (FL)
In the first article in our series on community association meetings we addressed meeting basics, in this article we will dig deeper into statutory meeting notice requirements for homeowners and condominium associations. The statutory requirements addressed in this article are necessarily general – any particular association’s governing documents or specific situation can impact and change […]
Attorneys investigating fraud in Miami condo collapse settlement (FL)
The attorneys handling a $1.1 billion settlement for victims in the deadly collapse of a Miami condo say the settlement fund is inundated with fraudulent victims. Read the article………………………..
Bill Would Change 55+ Rule For Senior Communities (NJ)
Another version of a bill has been introduced into the current session of the state legislature that some say could slowly break down the concept of senior communities. The bill will allow any property owner in a senior community to “transfer property without regard to age of buyer.” However, the person who lives in that […]
City Council strikes down townhome development (IN)
A townhome development is dead in the water, for now, after the Kokomo City Council denied its rezoning request after strong opposition from the neighboring homeowners association. Read the article………………………..
Other New Condo Laws to Know – Part Three (FL)
On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the […]
Florida senate bill 4-D part II
Last month we looked at the requirements for Mandatory Milestone Structural Inspections for condominium and cooperative buildings that are three (3) stories or more in height before 12/31/24 under Florida Senate Bill 4-D approved in a special session of the Florida Legislature this year in response to the Surfside hi-rise collapse in Miami last year. […]
Court rules in favor of Somerville condo conversion rules following property owner lawsuit (MA)
The Middlesex Superior Court upheld the city of Somerville’s condo conversion rules last week, after a group of a property owners filed a lawsuit challenging the 2019 ordinance. Somerville had already established condo conversion rules and a review board back in the 1980s, but updated the ordinance in 2019. Read the article………………………..
Z Capital loses attempt to assess Carillon condo owners in Miami Beach nearly $8M (FL)
Z Capital Group lost its attempt to levy a $7.7 million assessment on condominium unit owners at the Carillon Miami Wellness Resort. The outcome is the latest in the drawn out and still-ongoing legal battle, pitting the associations for the North, South and Central towers against Z Capital’s affiliate, Carillon Hotel. Read the article………………………..
$80 million Shores of Panama project at ‘standstill’ after judge’s ruling. Here’s the latest (FL)
A court has ordered a “standstill” of all but one in-progress portion of the multi-million dollar repair and renovation project at a Panama City Beach high-rise condominium. The order is temporary until the court can determine the necessity of the project. Read the article………………………..
Ruling Shows Pitfalls of Associations Enacting Changes Without Required Votes (FL)
It focuses on a recent ruling by Florida’s Fifth District Court of Appeal that illustrates the potential consequences of associations that undergo alterations to their amenities and enact rule changes without the required vote and approval of their unit owners. Read the article………………………..
Community Associations: Self-Help or Injunctive Relief (FL)
Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief. Read the article………………………..
SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART TWO (FL)
DISTRIBUTION OF THE INSPECTION REPORTS – Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless […]
Washington Court of Appeals Rejects Owner’s Assessment Exemption Claim
An owner in a condominium association recently refused to pay assessments on his unit and argued that he was exempt from doing so due to the association’s mismanagement of common funds. Read the article………………………..
New Unpublished Opinion – ORANGECREST COUNTRY COMMUNITY ASSOCIATION v. BURNS (CA)
Defendant Sandra Burns sought approval to build a wall across her front yard, and when her homeowners association said no, she built it anyway. After multiple attempts to get her to stop construction (and later to mediate the issue) failed, the association sued Burns, seeking a permanent injunction requiring her to remove the wall. Read […]
Deadline Approaching for Community Association Anti-Discrimination Review (OR)
As the end of the year fast approaches, community associations should ensure compliance with the new requirements in HB 2534 to remove discriminatory provisions from governing documents. The deadline for compliance is December 31, 2022. The requirement, adopted in House Bill 2534 in the 2021 legislative session, includes specific anti-discrimination laws and requires communities to […]
Bill passed by the state legislature looks to close condo “loophole,” what’s next? (NY)
The days of an unofficial property tax discount for certain new build condos could be numbered as Governor Hochul weighs signing legislation that would stop some full-size homes from qualifying. Read the article………………………..
Can Your HOA Prohibit Short Term Rentals in Arizona?
As the popularity of short term rentals continues to grow, it is important for associations and planned communities to stay up to date on Arizona short term rental laws and how they apply to HOAs. We put together this article as an update to our previous post on some of the most common questions we […]
Texas 2021 Legislative Changes – What You Need to Know
Whether you are a board member or a resident, it is important to keep up with the legislative changes that may impact how your association can be governed. Several changes were made to the Texas Property Code in 2021 that impact what property use restrictions an association can adopt or enforce. To make these changes […]
Californians Can Now Auto-Detect Racist Language in Housing Deeds, HOA Rules and Have It Removed
DoNotPay, which bills itself as a “robot lawyer,” has developed an automated way for people to remove racist language from real estate documents. Read the article………………………..
City readies rules for new townhome developments (GA)
Townhouses – defined as blocks of three or more attached homes that share a side wall between each two but have separate entrances – have suddenly become popular with Statesboro developers as a way to create more family-style housing in less space. Read the article………………………..
Woman accused of embezzling from St. Tammany homeowner group gets suspended sentence (LA)
A Slidell area woman accused of stealing money from her former employer, the Belair Homeowners Association, pleaded guilty last week to one count of theft over $1,500, nine years after authorities said the thefts occurred and five years after she was indicted. Read the article………………………..
Eleventh Circuit Reiterates Availability of Postjudgment Rule 11 Sanctions (FL)
The case of Huggins v. Lueder, Larkin & Hunter, LLC, Nos. No. 20-12957, 20-12959, 20-12961, 20-14320, 20-14318, 20-14319, — F. 4th —- 2022 WL 2679024 (11th Cir. July 12, 2022), was a consolidated matter that originated when the law firm Lueder, Larkin & Hunter (“Lueder”) represented a homeowners association seeking to collect delinquent fees from […]
Florida HB403: Can HOAs Stop You From Working From Home?
The introduction of Florida HB403 has given homeowners more freedom when it comes to working from home. But, the bill has also resulted in concerns among citizens and homeowners alike. Read the article………………………..
SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART ONE (FL)
We all know by now the myriad of new safety laws condos that are 3 stories or more are required to follow. They include mandatory fire sprinklers or an engineered life safety system (for buildings 75 feet or higher only), a Phase One Milestone Inspection after 30 years and every ten years thereafter (25 years […]