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 […]

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……………………………….

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: […]

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 […]

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 […]

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……………………………….

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……………………………….