Heath v. Bear Island Homeowners Association, Inc. 76 So.3d 39 (Fla. 4th DCA 2011)

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 […]

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 […]

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 […]

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 […]

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 […]

CondoTek executive: New condo rules “difficult to swallow”

It’s been more than a year since the Champlain Towers South condo building suddenly collapsed in the Miami suburb of Surfside, Fla., killing 98 people. Following the tragedy, a reform bill was passed to prevent similar disasters from occurring. Fannie Mae and Freddie Mac also toughened their loan standards on older buildings to ensure structures […]

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…………………….

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 […]

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……………………………

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 […]

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…………………..

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 […]

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………………………….

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……………………………….

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 […]

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……………………………….

The Dawn of a New Reality in Condo and Co-op Lending

In January of 2022, new Fannie Mae condo and co-op lending guidelines created broad changes in how condo and co-op loans must be underwritten. Freddie Mac followed suit shortly thereafter in February. In just a few short months, these sweeping changes in how lenders now must evaluate condo and co-op properties prior to closing loans […]