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 […]
Mag Mile condo owners sue owner MetLife over cooling issues (IL)
MetLife, the New York insurer that took over the Mag Mile’s pricey Water Tower Place last month from Brookfield Property Partners, inherited something else: a lawsuit from condo owners. Read the entire article……………………………….
Aurora homebuyers may lose condos awaiting U.S. Department of Housing and Urban Development approval (CO)
Pritchard was approved for an Federal Housing Administration (FHA) loan, and the single mom thought she had been doing everything right. That was until two weeks ago when her realtor learned the U.S. Department of Housing and Urban Development (HUD) had still not approved the building for FHA loans. Read the entire article……………………………….
Facing South Florida: Condo Safety Concerns
Jim DeFede’s guest for Sunday’s show was Eric Glazer, one of the state’s leading condo attorneys who has been pushing for years to make condos safer. Glazer has been warning about a tragedy like the one in Surfside. Watch the video……………………………….
Sometimes the Fastest Route Is a Straight Line (NY)
….the matter of Trump Village Section No. 4 v. Gene Vilensky a/k/a Gene Vilenskiy, Index No. 522355/2016 (Kings County), where a residential housing corporation’s concern about alleged statements made in a purchase application played a central role. Read the entire article……………………………….
Boulder County District Court judge opens door for noise lawsuits against Rocky Mountain Metropolitan Airport (CO)
A Boulder County District Court Judge has paved the way for homeowners near Rocky Mountain Metropolitan Airport to sue over noise violations, court documents obtained by Denver7 show. The ruling stems from a court case that began in late 2021. However, homeowners in the Rock Creek area of Superior were just alerted to the ruling […]
HOA Homefront: Time almost up to remove illegal rent restrictions (CA)
The first version of Civil Code Section 4741, banning “unreasonable” rental restrictions, became law in 2021, and also originally required HOAs to amend their governing documents to remove such provisions in 2021. Read the Q&A……………………………….
Judge dismisses lawsuit over white fences in Bella Vista (AR)
Jim Parsons lost his latest battle trying to save white fences in Bella Vista when a Benton County judge on Wednesday dismissed his lawsuit on the matter. Parsons, acting as his own attorney, filed a lawsuit in December against the prohibition of white fences, which are banned by the Architectural Control Committee. Read the entire […]
7th Circuit finds for insurance company in adjuster’s game of chess (IN)
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: […]
New Arizona law intends to crack down on ‘oppressive’ HOA rules (AZ)
Homeowner associations in Arizona will now have a more difficult time regulating residents attempting to organize against the HOA after lawmakers have successfully passed a new set of guidelines. Read the entire article……………………………….
McHenry County property owners can remove illegal covenants from deeds (IL)
Homeowners who find illegal restrictive covenants on their property documents can easily have them removed under a new Illinois law, McHenry County Clerk and Recorder Joe Tirio said in a news release. Read the entire article……………………………….
Missouri bill would cut down on HOA solar restrictions
The Missouri legislature passed a bill that would cut down on HOA solar restrictions, exempt some solar installations from sales taxes and more. Renew Missouri applauded the passage of SB 745 as a significant win for solar in the Show-Me State and urged Gov. Mike Parson to sign the legislation as soon as possible. Read the […]
Jury finds Triangle firm committed ‘bid rigging’ (NC)
The Estates is a membership organization that lists low-dollar HOA foreclosures in states like North Carolina. Members interested in a foreclosure submit bids through the website. A bidding LLC is set up to buy the house – with the winner of the internal bid becoming the bid at the foreclosure sale. Read the entire article……………………………….
Co-ops and Condos Oppose Bill Requiring Higher Temps in Buildings (NY)
In New York City, tragedies give birth to laws. It happened in 1979, when a chunk of a building fell to a sidewalk on Upper Broadway and killed a college student, moving the City Council to enact Local Law 10. It required building owners, including co-op and condo boards, to perform regular inspections and repairs […]
If You Play the Business Judgment Card, I’ll Play the Interested Director Card (MD)
In Cherington Condo. v. Kenney, No. 157, Sept. Term, 2021, 2022 WL 959967 (Md. Ct. Spec. App. Mar. 31, 2022), the Board of the Cherington Condominium Association in Montgomery County voted to require that all residents pay for the maintenance of outdoor spaces around the townhouse units. Read the entire article……………………………….
Colorado Legislature Passes HOA Foreclosure Reform Bill
The measure limits homeowners associations’ ability to foreclose on residents who accumulate fines for violating community rules known as covenants. Read the entire article……………………………….
Georgia Legislative Update
The 2022 legislative session has ended in Georgia. Here are a few state and federal legislative items impacting, or potentially impacting, community associations: Read the entire article……………………………….
Associations Assignment Authority to Management Agent Confirmed (FL)
In Seaside Town Council v. Seaside Community Development Corp, 1D19-755 (Fla. 1st DCA 2021), Florida’s First District Court of Appeal (“DCA”) reversed the trial court’s judgment in favor of Seaside Community Development Corp. (“Developer”) holding that Seaside Town Council (“STC”), as the management agent with assignment of enforcement right by the associations, had standing to […]
Everything You Need to Know About the 2022 Amendments to the Michigan Summer Resort and Park Associations Act
Summer resort and park associations are a unique type of community association that have been in existence in Michigan since 1887 but generally have been superseded over the past several decades by homeowners and condominium associations. Notwithstanding the rise of other types of community associations, Michigan summer resort and park associations can still be found, […]
Acclamation Decisions Have to be Made Early (CA)
When Civil Code section 5103 became effective on January 1, 2022, many community association managers and board members celebrated the new authority for boards to approve nominees by acclamation when there are not enough candidates to hold a contested election. However, there are limitations on a board’s ability to approve nominees by acclamation and a […]
AB 1101 – Financial Protection for HOAs: NEXT Gen (CA)
In 2020, a bill helping to define what financial protections for associations look like came into being (AB 2912). As with every good intention, some difficulties in execution arose. You’re required to deposit funds into a bank, savings association, or credit union as long as the funds are covered by insurance provided by the federal […]
Starting May 1, sea level rise risks must be disclosed in all real estate transactions (HI)
Beginning Sunday May 1, all real estate transactions in Hawaii will be required to disclose sea level rise (SLR) risks to properties. The SLR mandate was enacted in 2021 by the State of Hawaii. Supplemental materials, including the Hawaii Sea Level Rise Vulnerability Report, and the Hawaii Sea Level Rise Viewer, have been used to […]
No More HOA Restrictions on Public Streets (CO)
Are there public streets running through your community? If so, does your association currently have rules or covenants governing parking or other activities on such streets? Moving forward, such rules and/or covenants may not be enforced by associations as a result of added language to the Colorado Common Interest Ownership Act (“CCIOA”). Read the entire […]
Southwest Missouri senator’s bill would outlaw homeowners’ associations from banning solar panels
A bill advancing through the state legislature would prevent homeowners’ associations from banning solar panels on the roofs of homes. Senate Bill 820, sponsored by Sen. Eric Burlison, a Battlefield Republican, would make it illegal for “deed restrictions, covenants or similar binding agreements” to forbid homeowners from installing panels on their roof. Read the entire […]
Additional Dwelling Units: How to Interpret the Relevant Statutes and Best Implement Them (CA)
To combat the housing crisis, the California legislature passed a series of statutes that make it easier for property owners to construct Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JDUs” or “JADUs”) on their property. These changes in statutes and the increased use of ADUs and JDUs, necessitate that associations quickly adapt to […]
New changes aim to protect New Jersey condo associations
New Jersey condominiums must follow The New Jersey Condominium Act, as well as state laws, master deeds and rules. In return, owners and residents can reasonably expect a safe and well-maintained living environment. However, old or vague rules and policies don’t always provide the protection or clarity that condo members need. Read the entire article……………………………….
Appeals Court Case Protecting Homeowner Association’s Rights in Private Roadway (MA)
In Michael A. Tribuna, Trustee v. Jennifer Cohen et. al., Appeals Court Docket No. 21-P-197, a case litigated in the Appeals Court by Chris Malloy and Kate Brady, the Appeals Court rejected an attempt by a subdivision homeowner to exercise his easement rights to unilaterally alter and expand a roadway which serviced all the lots […]
What Does Fair Housing Mean For Your HOA Community?
Fair housing is an often-discussed topic among leaders and managers of homeowners associations. But, what does it even mean? And how should homeowners associations respond to fair housing laws? Read the entire article……………………………….
Co-op Boards Have a Word for the Climate Mobilization Act: Terrifying (NY)
A group of co-op board members have gone public with how they feel about the looming cost of the retrofits that will be required to bring their buildings into compliance with the Climate Mobilization Act (Local Law 97). They are, in a word, terrified. Read the entire article……………………………….
End of Legislative Session Update (Spring 2022) (IL)
On April 9, 2022, the Illinois General Assembly adjourned until the fall veto session. Five bills affecting community associations and community association managers passed both Houses during the Spring legislative session. The General Assembly has 30 days after the date the bill passes both Houses to send it to the Governor. The Governor then has […]
2022 Davis-Stirling Act (CA)
Roseman Law, APC has formatted the 2022 Davis-Stirling Common Interest Development Act into an easily searchable, fully bookmarked PDF for your reference. You can view the Davis-Stirling Act Read the entire article……………………………….
Homeowners Associations and the Marketable Record Title Act (“MRTA”) (FL)
Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their governing documents. Read the entire article……………………………….