Impact of New Case Law on Illinois Condominium Deconversions

The sale of all the units within a condominium association, also known as a condo deconversion, has gained momentum over the last few years.  Compared to the cost of constructing an entirely new property from the ground up, some real estate investors and developers have found it easier and financially more advantageous to purchase an […]

New law aims to protect Colorado homeowners living in HOAs

Homeowners associations in Colorado will be prohibited from seeking foreclosures against homeowners based solely on fines, and they will have to adhere to a cap on those fines.  Gov. Jared Polis signed HB22-1137 into law on Friday to set these limits on homeowners associations to avoid future large-scale foreclosures over escalating fines and fees like […]

Gird Your Loins: HB 1137 Becomes Law (CO)

Governor Polis signed HB 1137 into law on Friday, in spite of calls by hundreds of community members for a veto. This ambiguous, flawed, and expensive bill will go into effect on August 10. As a reminder, HB 1137 will fundamentally alter all community collection and enforcement processes,  Read the entire article……………………………….

Community Association Liable for Negligently Installed and Maintained Bollard (FL)

In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January 5, 2022), a developer was found not liable for injuries sustained by a bicyclist who collided with bollards installed by the developer on an association’s common area promenade.   Read the entire article……………………………….

Arizona governor signs law exempting more flags from HOA rules

Residents of homeowners associations in Arizona will soon be free to fly flags supporting law enforcement, regardless of any rules to the contrary.  Ditto banners honoring firefighters, other first responders, and families who lost loved ones in the military.   Read the entire article……………………………….

Home Built in Violation of Restrictive Covenants Must Be Partially Demolished

Building a new home can be an exciting proposition, but it is important to review any declarations, deed restrictions, restrictive covenants, HOA Bylaws and HOA rules before having your plans drafted. It is common for platted subdivisions with homeowners associations to have some form of building restrictions. Common building restrictions in platted subdivisions often relate […]

The New Cond Laws—-Mandatory Inspections—Part One (FL)

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to s. 553.899, (the Mandatory Inspections statute) the community association manager or the community association management firm must comply with that section as directed by the […]

New Law Impacting HOAs (CO)

House Bill 22-1139 prohibits a common interest community from regulating the use of public right-of-ways. The new law states that associations cannot enforce a covenant, bylaw, rule or regulation that would prohibit the use of a public right-of-way that is otherwise in accordance with local government’s ordinance, resolution, rule, franchise, license or charter.   Read the […]

SJC Decision Narrows the Window for Filing Construction Defect Suits (MA)

“Don’t ask for whom the bell tolls,” an essay by John Donne cautions. “It tolls for thee.” For condominium associations, the statutory bells signaling deadlines for filing construction defect suits are going to start tolling a lot sooner now, thanks to a recent decision by the Massachusetts Supreme Judicial Court (SJC).   Read the entire article……………………………….

Condo association fees capped under new law (IL)

Condominium owners may soon see reduced fees thanks to a new law sponsored by State Senator Meg Loughran Cappel.   “No one should have to pay excessive fees to get the documents required by law to sell their property,” said Loughran Cappel (D-Shorewood). “This new law protects residents from exorbitant fees and will ensure that they […]

Condominium Safety State Legislative Mid-Year Update

To date, almost 20 state legislatures have considered bills in response to the tragic partial collapse of Champlain Towers South in Surfside, Fla., last year. Following the collapse, CAI convened three specialized task forces to explore changes to laws and best practices for the community association housing model that could help prevent a similar tragedy […]

Co-ops Face June 17 Deadline to Post Accommodation Rights for Disabled Residents (NY)

Last year the state Legislature passed a law that requires qualifying housing providers — including co-op boards and landlords — to provide written notice to their shareholders and tenants of their rights to reasonable accommodations and modifications. The new law also required the New York State Division of Human Rights (DHR) to promulgate regulations regarding […]

What is Boilerplate Anyway? (VA)

If you’ve heard it once, you’ve heard it a thousand times – the general terms at the end of an agreement being referred to as “boilerplate” provisions, a phrase that misleadingly suggests that these provisions are of lesser importance. As it turns out, both the original boilerplates and the modern-day contract provisions that carry the […]

The Special Legislative Session Brings Some Major Changes For Florida Condominiums and Cooperatives

In a swift move during a Special Session, the Florida Legislature introduced and then unanimously passed legislation to reform Florida’s Condominium and Cooperative Acts (the “Acts”). Governor DeSantis convened the Special Session for an entirely different purpose – to address the growing property and casualty insurance crisis in Florida. Lawmakers,       Read the entire […]

In Arizona, you can be forced to sell your condo

Jie Cao and Haining Xia fell in love with the United States and, upon moving stateside from China in the 80s, they decided to settle down in a place with wide open blue skies that epitomized the freedom of the American way.   Read the entire article……………………………….

Special Session 2022D – Condominium Safety Update (FL)

As Florida Legislators conclude their third Special Session of the year, new laws regarding two paramount issues in the state of Florida—property insurance and condominium safety—are set to be forwarded to the governor for approval.   Read the entire article……………………………….

Gov. Jared Polis gets out veto pen for three bills (CO)

Gov. Jared Polis got out his veto pen for the first time in 2022, saying no to three bills sent to him by lawmakers during the 2022 legislative session.   House Bill 1387, (is the only one related to HOA’s)   Read the entire article……………………………….

Florida condo collapse settlement reached, tops $1 billion

Attorneys for the families who lost relatives in last year’s collapse of a Florida condominium tower that killed 98 people reached a $1.02 billion settlement Friday, providing a speedy resolution to lawsuits that could have dragged on for years.   Read the entire article……………………………….

More Water Restrictions Incoming (CA)

The Metropolitan Water District of Southern California (“Water District”) has implemented restrictions limiting outdoor watering effective June 1, 2022, in response to the current drought emergency, following direction from Governor Newsom to increase conservation efforts. The restrictions limit outdoor watering to one day per week for approximately six million people throughout Ventura, Los Angeles, and […]

Can My Association Fundraise With a 50/50 Raffle? (FL)

Is your association breaking the law? 50/50 raffles are fundraisers commonly hosted by community associations. These raffles are often very successful and generate significant engagement as half the proceeds go to the raffle winner. However, if your association is hosting a 50/50 raffle, the association is most likely breaking the law. This blog will provide […]

Judge rules against HOA, in favor of Raleigh homeowner’s dog treat station (NC)

A Wake County District Court judge ruled this week against a homeowners’ association threatening to fine a homeowner for a pet snack station. The argument boils down to who has control over the city of Raleigh’s right-of-way, in this case a sliced of land between the sidewalk and the street. It’s where homeowner Chuck Pringle’s […]

The New Fannie Mae and Freddie Mac Condo Questionnaire

Fannie Mae & Freddie Mac are two of the biggest players in the mortgage market, particularly the secondary mortgage market, where mortgages are bought and sold after they have been originated. This article will look at a brief history of Fannie & Freddie and the new condominium questionnaire requirements.   Read the entire article……………………………….

Finally, Some Legal Clarity For Florida’s Tree-Trimming Home Rule Battles

Quite literally among the first references in Biblical history, trees have blossomed with symbolism, representing life, shelter, wisdom and prosperity. But in any given Florida hurricane season, they evoke fear as they become wayward wind-driven projectiles or life-changing house-flatteners. Or they can also stir rage when a beloved tree is pruned beyond recognition or completely […]

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……………………………….

Overview of New Legislation (CA)

There were many changes for California HOAs that went into effect at the beginning of this year (2022). The following provides an overview of those changes with some detailed discussion of each Senate Bill (SB) and Assembly Bill (AB) below the overview.   Read the entire article……………………………….

Co-op and Condo Advocates File Lawsuit to Block Local Law 97 (NY)

A coalition of cooperatives and condominiums is suing the city to block New York City’s Local Law 97, which imposes ambitious greenhouse gas emissions caps on most buildings larger than 25,000 square feet, Crain’s reports. The lawsuit, filed Thursday night in state Supreme Court, is led by two Queens cooperatives and their board presidents — […]

Washington State Approves Law Regarding Electric Vehicle Charging Stations

A new law in Washington state concerns electric vehicle charging stations. It prohibits community associations from adopting or enforcing provisions in their governing documents that effectively prohibit or unreasonably restrict the installation or use of an electric vehicle charging station….  Read the entire article……………………………….

New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners’ Associations

Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative corporations, and other real estate development associations now have six years from transfer of control of the association from the developer to the unit owners […]

Brittany Chase Fraud Lawsuit Ends in $1.1 Million Settlement (NJ)

More than two-and-a-half years after a fraud lawsuit was filed on behalf of the Brittany Chase Condominium Association (BCCA) against their property management company, a construction company who replaced roofs and former BCCA board members, a settlement has been reached for $1.1 million.   Read the entire article……………………………….

Impact of 2022 Legislative Summary on Community Associations

The 2022 session of the Florida Legislature was statistically slightly above average with 1700 bills considered in its 60-day session. A total of 238 bills were passed by both houses and will be presented to the governor for his signature. Thirty bills were filed that could have impacted community associations. For residents of condominiums, the […]