The importance of how language is drafted in covenants is at the heart of THIS CASE. Heath, a resident of Bear Island and as such a party to the Declaration of Covenants and Restrictions (“Declaration”), filed a lawsuit for injunction against the association and one of its directors. Read the article………………………..
New Appellate Decision Related to Application of Insurance Proceeds in Older Condominiums (NC)
Earlier this week, the North Carolina Court of Appeals issued a decision in Grooms Property Management v. Muirfield Condominium Association. The case dealt with interpreting and applying insurance provisions in the declaration of an older condominium governed by the NC Unit Ownership Act, and determining the association’s obligation to purchase insurance and the application of […]
Co-Owner’s Complaint of Neighbor’s Smoking in a Condominium Rejected by the Federal Courts (MI)
The Federal Appeals panel affirmed an opinion by the U.S. District Court for the Eastern District of Michigan over the granting of Summary Judgment in a condominium case that has broad ramifications. The Plaintiff claimed her Defendant next door neighbor was aggravating her preexisting asthma condition due to the frequent smell of smoke emanating from […]
What are Federal HOA Laws and How Do They Impact Arizona HOAs?
Arizona has many state specific laws for planned communities and condominiums, but there are several overriding federal laws that apply to all HOAs. All HOA board members and individual property owners should understand the federal HOA laws that apply to their association and how they impact operations in Arizona HOAs. Read the article………………………..
Condo Column: An update on NH legislative action
Last February I wrote a column noting a pending condominium bill in the New Hampshire Legislature and the potential dangers if it passed. Here’s a link to the article. To refresh, the pending legislation would have required all disputes to be resolved in favor of the owner. So, a condo association would not have been […]
Condo’s claims against insurer must be arbitrated: State high court (NJ)
The New Jersey Supreme Court partially overturned a state appeals court on Monday and held that a condominium can pursue claims against an insurer of allegedly insolvent policyholders, but they must be arbitrated. Read the article………………………..
New York Condominium Act Amendment Authorizes Electronic Unit Owner Meetings
Many condominiums have hosted virtual unit owner meetings since the start of the pandemic and have found them to be a positive mechanism for unit owner participation. The authority for these meetings has now been codified. Read the article………………………..
HUD charges Jackson homeowners association with disability discrimination (WY)
The U.S. Department of Housing and Urban Development is charging Spring Creek Homeowners Association in Jackson, Wyoming, with disability discrimination. According to a release issued on Tuesday, Spring Creek Homeowners Association is described as the governing body of some 131 residential housing units in Jackson. The release says that the association discriminated against two homeowners […]
HOA Bans on BLM, Thin Blue Line Flags About to Be History (CO)
On June 1, the Colorado Senate followed the House’s lead and passed a bill that would prevent homeowners’ associations in the state from banning a wide variety of signage on private property, including Black Lives Matter and Thin Blue Line flags. If Governor Jared Polis signs the legislation, as expected, the measure will become Colorado […]
Douglas County judge now facing record-setting 50 counts of alleged judicial misconduct (GA)
Some ugly moments in a March 2022 homeowners association meeting has Douglas County Probate Judge Christina Peterson in more legal hot water. Peterson already faced complaints from a state regulatory board which last year asked but failed to get her temporarily suspended from office. Read the article………………………..
Covenants to Arbitrate Construction Defect Disputes Within a Deed Run With the Land Obligating Subsequent Parcel Owners (FL)
In the case of Hayslip v. U.S. Home Corporation, — So. 3d —, Case No. SC19-1371 (Fla. Jan. 22, 2022), the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound subsequent owners. Read the article………………………..
Community Association Building Blocks – The Fair Housing Act and Emotional Support Animals [VIDEO]
The Federal Fair Housing Act (FHA) prohibits housing providers and their agents and governing bodies, such as Associations, from discriminating against a resident or potential resident, regardless of whether the resident or potential resident will be the owner or listed tenant of the housing unit because of the resident’s or potential resident’s disability. Watch the […]
Condo repairs: Federal bill provides access to financing for building rehabilitation loans
Federal legislation was introduced earlier this week to provide condominium associations access to insured building rehabilitation loans—a move that would help board members make critical structural and safety-based condo repairs. Read the article………………………….
All Condos and HOAs Are Now Be 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. The Governor did not sign the bill, but it became law under Art. II, Sec. 17(c) of the Maryland Constitution, which provides that […]
Law Firm Can Seek Sanctions for Frivolous Filings After Judgment (GA)
A Georgia federal court misread Eleventh Circuit’s recent precedents when it dismissed a law firm’s postjudgment motions seeking sanctions for frivolous filings in a dispute over fair debt collection practices, the appeals court ruled Tuesday. Read the article…………………….
What Arizona HOAs Need to Know About HB2131 and Artificial Turf Laws in Planned Communities
It should come as no surprise to Arizona residents that the state needs to find ways to effectively conserve water. This can be at odds with Arizona associations and planned communities that restricted members from replacing natural grass with artificial turf. In response to some property owners that faced substantial fines from their HOA for […]
Michigan HOA Awarded Legal Fees For Restriction Enforcement
Winning one appeal is hard; winning two appeals in the same case is harder. When the experienced Michigan condominium association lawyers at Makower Abbate Guerra Wegner Vollmer helped their HOA client win for the second time in Copperfield Villas v Tuer, No 356494 (Mich Ct App June 23, 2022), they affirmed what it means to […]
Case Law Breakdown: The Interested Director in Maryland
The opinion issued by the Maryland Court of Special Appeals recently in the case of Cherington Condominium v. Kenney delved into issues relating to the Business Judgment Rule. Read the article…………………..
Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements | SENATE BILL 4-D (FL)
With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather […]
New Federal Proposal Would Help Condos Finance Critical Repairs
This week, Reps. Charlie Crist (D-Fla.) and Debbie Wasserman Schultz (D-Fla.) introduced H.R. 8304, the Rapid Financing for Critical Condo Repairs Act of 2022, legislation that allows the U.S. Department of Housing and Urban Development’s Federal Housing Administration to insure condominium association building rehabilitation loans made by private lenders. Read the article……………………………
Update On Residency Requirements To Serve On A Condo Board In Illinois
The Illinois legislature has amended the Illinois Condominium Property Act (the “Act”) and while not mandatory, it allows Boards of Directors to implement policies on how Boards can be composed. Pursuant to Section 18(a)(1) of the Act, the change now allows condominium boards to require that the majority of the condominium board be made up […]
Can an HOA Deny You Solar Panels?
Homeowners associations’ power to stop you from going solar is weakening, but not everywhere. Read the article……………………………
Missouri Legislature Addresses Solar Panels: Changes Coming for Homeowner Associations
The right to use solar energy has long been considered a property right in Missouri. See Section 442.012 RSMo. Even though the right to use solar energy is a property right, it may be subject to restrictive covenants, just like any other property right. On Wednesday, June 29, 2022, Missouri Governor Parsons signed legislation which […]
In Contested Golf Course Redevelopment, Court Rules HOA Isn’t Guaranteed Open Space (NC)
The N.C. Court of Appeals issued a ruling Tuesday with mixed results for both parties entangled in litigation surrounding the proposed redevelopment of a portion of The Cape’s former golf course into townhouses. Read the article…………………………..
The Impact of Litigation in Condos, Co-ops, & HOAs: Do Lawsuits Damage a Community?
Americans are a particularly litigious lot, believing as many of us do that we are endowed with the inalienable right to life, liberty…and the pursuit of recompense for any slight or wrong done to us, real or perceived. This tendency is unfortunately common in the nation’s condos, co-ops, and HOAs, where the ideals of communal […]
Condo Column: When a home is not a home (NH)
I ran across a case recently that I thought might be of interest. Most residential associations are just that, places where structures are to be used for residential units. But rarely is there a fight over what exactly “residential” means. Read the article………………………….
Installation and Use of Solar Power Systems in North Carolina
If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so. But, can an HOA regulate and prohibit the installation and use of a residential solar power system upon private residential […]
Florida Structural Integrity Reserve Studies – FAQs
Here are some common questions about the newly instituted Florida Structural Integrity Reserve Studies: Read the Q&A……………………………….
Colorado New HOA Laws: How Will This Impact HOAs?
In Colorado, new HOA laws were recently passed. These new laws will significantly affect how homeowners associations in the state operate. As such, every HOA board should make an effort to familiarize themselves with these laws. Read the article…………………..
Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements | SENATE BILL 4-D (FL)
With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather […]
NY Condo’s Can Now Legally have Owners’ Meetings by Means of Electronic Communication
The Governor signed into law on June 30, 2022, a change to the Real Property Laws that govern New York condominiums. Effective immediately, boards, in their “sole discretion”, irrespective of what the bylaws say, can decide to hold owners meetings solely or partially by “means of electronic communication”. Read the article……………………………
Fair Housing Act: Personal Grill in Condo Was Not a Reasonable Accommodation
The Fair Housing Amendments Act (FHAA) require condominium associations to make reasonable accommodations to disabled co-owners under certain circumstances. However, condominium associations should keep in mind that co-owners are not entitled to every accommodation that is requested. Rather, co-owners are only entitled to accommodations that are necessary to ameliorate the effects of a disability as […]
Jacksonville mother wants Miya’s law to include people who live in condos and other rental homes (FL)
To Roth, Miya’s Law doesn’t impact condos because the language in the law uses “transient and non-transient apartments.” He explained how there are Florida statutes that transients is defined as ‘intending to be temporary’. Non-transient means ‘intending to be permanent.’ The attorney said it is possible law makers could make amendments to the law, but […]
Securitas to Pay $517M in Surfside Condo Collapse Settlement
According to the lawsuit, the Securitas guard on duty failed to activate the building-wide in-unit voice alarm prior to the collapse. Read the article……………………..
Indiana woman ordered to pay $225k for making racist insults, death threats toward neighbors
….The homeowners association and Kirkpatrick Management settled the case in March 2022, As part of that separate settlement, they agreed to pay $262,500 as compensation for the Plaintiffs’ damages, attorneys fees and costs. The association and management made no admission of liability or wrongdoing in connection with the allegations and claims, the Fair Housing Center […]
City of Chicago Adopts New “Cooling Ordinance”: What Do Chicago Community Associations Need to Know? (IL)
On June 22, 2022, the City of Chicago adopted a new ordinance commonly referred to as the “Cooling Ordinance”. The Cooling Ordinance modifies the cooling requirements for certain residential buildings, which does include condominium and community associations as well as residential cooperative high-rises that meet the building criteria Read the article……………………………
Transition not substantial completion starts the clock: New Jersey amends statute of limitations for homeowner and condominium association construction defect cases
In?2017, the New Jersey Supreme Court, in Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., held that the statute of limitations for construction defect claims brought by a condominium association begins to run upon “substantial completion” of the structure. Read the article………………………….
Condo can’t evict Morgan Stanley manager from penthouse: Judge (NY)
The strange, years-long tale of a luxe Chelsea apartment sold at a steep discount as a result of a foreign financial scandal may have finally come to a close. Read the entire article……………………………….
Praise for Condo Inspection Laws, Fear of Timelines (FL)
The high-rise condos that dot the 47 miles of shoreline of Palm Beach County still stand tall overlooking the Atlantic Ocean and are a symbol of South Florida’s allure, but just how safe are they? Read the entire article……………………………….
Courts Uphold Condo’s Demand for $1 Million Bond in Licensing Agreement (NY)
New York is a city where thousands of buildings must, by law, undergo costly facade repairs every five years. It’s a city where new buildings are constantly being shoe-horned into vacant lots, and where old buildings are constantly being razed so new ones can be put up. As a result, it’s a city where neighbors […]
Judge approves $1B+ deal in deadly Florida condo collapse
A judge gave final approval Thursday to a settlement topping $1 billion for victims of the collapse of a Florida beachfront condominium building that killed 98 people, one of the deadliest building failures in U.S. history. Read the entire article……………………………….
NC Community Association Legislative Update – June 21, 2022
Due to other more pressing issues, several important bills impacting community associations were not addressed by the General Assembly in 2021. Those proposals have seen quick action this week, been adopted, and sent to the Governor for signature. Read the entire article……………………………….
Automatic Architectural Approval
Governing Documents commonly include a provision that the Board and/or Architectural Committee have a certain number of days to render a decision on an architectural application (e.g. 45 days from the date that the application is received), and failure to render a decision within that timeframe results in the application being considered approved. Read the entire […]
A judge’s legacy from Surfside condo tragedy: Huge settlement but also hard feelings (FL)
The judge who has called all the shots in the sprawling legal battle over the collapse of a Surfside condo tower was once a successful Miami trial attorney specializing in similar cases before putting on a black robe a decade ago and taking on the biggest case of his career last summer. Read the entire article……………………………….
Public access: Court rules in favor of Rio Del Mar homeowners (CA)
A civil court judge has ruled in favor of Rio Del Mar waterfront property owners who say government officials were wrong in opening their patios as a public walkway in 2018. Read the entire article……………………………….
North Carolina Supreme Court Issues Important Solar Panel Case
In a case of wide-reaching impact, the North Carolina Supreme Court on Friday, June 17, 2022, issued its decision in Belmont Association, Inc. v. Farwig. Read the entire article……………………………….
Homeowners associations will be required to notify residents of foreclosure rights (CO)
The Denver City Council approved the bill Monday night. It was introduced after at least 50 Green Valley Ranch homes were foreclosed on over unpaid HOA fines. Read the entire article……………………………….
HOA Restrictive Covenants Impacts (NC)
The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.” Read the entire article……………………………….