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……………………………….
South Carolina Uniform Act Regulating Traffic To Private Roads Explained
The South Carolina Uniform Act Regulating Traffic on Highways sheds some light on the law’s application to private roads. But, what exactly are the provisions contained within this Act? Read the entire article……………………………….
Texas Town Wins Immunity From HOA Suit Over Single Access Road
The Supreme Court held that, absent a clear abuse of discretion, governmental immunity protects a zoning commission’s determination that a proposed subdivision conforms with applicable law. 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……………………………….
Bill requiring HOAs to provide information on foreclosure rights passes first reading (CO)
Denver City Council approved on first reading a bill that would require homeowners associations to notify homeowners of their foreclosure rights. 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……………………………….
Utah Supreme Court Holds HOA Restrictive Covenants Not Signed by Property Owners Are Not Void Ab Initio
The Supreme Court of Utah recently denied the appeal of a group of landowners (the “Landowners”) who sought to invalidate restrictive covenants imposed on them by a homeowners’ association as violative of public policy. See Wdis v. Hi-Country Estates Homeowners Ass’n, 2022 UT 17 (Utah 2022). Read the entire article……………………………….
Judge to rule on attempt to block record-breaking Chicago condo deconversion (IL)
The last stand is coming up for two Chicago condo owners seeking to block a record $190 million deal led by Yitzy Klor’s Strategic Properties of North America, one of the state’s most aggressive condo deconversion buyers. 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 […]
Landscapers, property owners prep for ‘nonfunctional’ lawns to go brown under new California rule
California water regulators ordered a ban effective Friday on irrigating decorative lawns around offices, hotels, hospitals and other nonresidential buildings as the state braces for a third year of drought. But Duane Faloni’s North Bay landscaping crews already had a dry run at this a year ago. Read the entire article……………………………….
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 […]
Solar Energy Systems: Regulating Owners’ Installation on Shared Multi-family Common Area Roofs (CA)
Since January 1, 2018, California common interest developments have been required to allow members to install solar energy systems on shared multifamily common area roofs of buildings within which their units are located and on roofs of adjacent carports or garages. (See Civ. Code §§ 714.1, 4600 and 4746). While we do not have an […]
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 […]
New 2022 HOA Laws and What They Mean For Your HOA (UT)
The Utah general legislative session for 2022 was January – March 2022, and the general effective date for legislation from the session was May 4, 2022. Read the entire article……………………………….
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 […]
Dallas City Council considers banning short-term rentals in residential neighborhoods (TX)
After a lot of complaints from homeowners, Dallas is moving closer to a decision about where short-term rentals should be allowed. It appears that council members are leaning toward prohibiting them in neighborhoods and only allowing them in the same areas as hotels. Read the entire article……………………………….
NY Passes Bill Easing Restrictions on Condo Conversions for Small Buildings
The New York state Legislature has passed a bill that would make it easier for apartments in small residential buildings to be converted into condominiums Read the entire article……………………………….
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……………………………….
New Changes to the Civil Code Allows for Member Meetings to be Held Over Zoom, but Only During Limited Circumstances (CA)
As the COVID-19 Pandemic subsides, it is becoming increasingly clear that for better or worse the world will never be the same. One of the many things that changed during this trying time was the manner in which people communicated. Concerns that congregations of people would further spread the virus led to an increase in […]
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 […]
Florida Legislature Passes Comprehensive Condo Safety Legislation
The Florida legislature unanimously passed comprehensive and meaningful condominium safety measures to support the 9 million Floridians living and working in community associations. Read the entire article……………………………….
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 […]
Bill passed by Florida legislature and signed – Condo safety legislation
This was the bill passed in the Florida Legislature (May 25, 2022) that came about because of the condominium collapse in Surfside, Florida. This is a PDF of the entire bill. The changes are underlined. Read the PDF………………………………..
Denver lawmakers tackle HOA foreclosure practices (CO)
Homeowners associations in Denver could face a new batch of regulations in an attempt to limit predatory practices. Read the entire article……………………………….
Special Session Day 2: Senate passes property insurance, condo safety reforms (FL)
In a 30-9 bipartisan vote Tuesday, the Florida Senate passed a massive bill aimed at tackling the growing property insurance crisis in the state, including an amendment for enhanced condo safety reform, sending it to the House for consideration. Read the entire article……………………………….
State water board bans watering ‘non-functional’ turf at businesses, institutions (CA)
Shopping centers, churches, homeowners associations and other businesses and institutions must stop watering their ornamental turf, under a drought-related emergency regulation approved by the State Water Resources Control Board on Tuesday. 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 […]
Assessments Past Due? What Should You Do Before Sending to Your Attorney for Collection Action? (FL)
Reviewing the association’s financials on a regular basis is one of the cornerstones of managing an association and fulfilling one’s duty as a board member. Ideally you will not have any delinquent accounts to address, but in the real world, there are usually a few owners who have failed to pay their assessments. Read the […]
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……………………………….
Florida’s home and condo property insurance market ‘is collapsing – a mess beyond proportions’
Florida homeowners are seeing huge increases in the cost to insure their homes, further fueling the high cost of living in Florida. A special legislative session begins next week, but hopes for significant reform are dwindling. 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 […]
Judge to decide how to allocate billion dollar settlement for Surfside condo collapse victims (FL)
The process of putting values on the lives of the 98 people lost in the Champlain Towers South collapse is underway, as the Miami-Dade Circuit Judge overseeing the $1 billion settlement decides how to divide it. Read the entire article……………………………….
L.A. hikers love Temescal Canyon. A developer just got fined $6 million for blocking it (CA)
…..Far less cherished, however, is an unkempt trailhead facility tucked amid multimillion-dollar homes in the Palisades Highlands neighborhood. Privately owned, the 12-car parking lot is notorious among locals for its excrement and graffiti-scrawled bathrooms, locked gates and unpaid taxes. Read the entire article……………………………….
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 […]