HB2158: HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY was signed into law by Governor Ducey on Wednesday, April 13, 2022. This bill applies to both planned communities and condos, and will go into effect 91 days following the conclusion of the 2022 session of the Arizona Legislature. Read the entire article……………………………….
Federal judge dismisses suit by Omni Amelia Island against property owners (FL)
A fight between Omni Amelia Island and the property owners in Amelia Island Plantation (AIP) ended on one front Monday when a federal judge ruled Omni didn’t go through proper procedures in its effort to defend and consolidate its power over the large south Amelia Island development. Read the entire article……………………………….
Colorado legislators signal openness to reviewing HOA laws as fire victims complain of woes
Sandy Quiller, who is obligated to pay hundreds of dollars in homeowners association dues for a home in Superior that was destroyed by the Marshall fire, has found no relief since The Denver Gazette put a spotlight on her story earlier this month. Read the entire article……………………………….
A Kingston family’s house was bombarded with golf balls. They sued the country club next door and won nearly $5 million (MA)
Seven hundred golf balls were not included when the Tenczars bought their $750,000 Kingston home. But neither were the broken windows, dented siding, and gunshot-sounding golf ball hits that turned their dream home into a nightmare, according to The Boston Globe. Read the entire article……………………………….
A Late Legislative Arrival: Proposed Reserve Study Requirements (CO)
In direct response to the issues occurring across the nation, Rep. Titone (D) (Wheat Ridge) introduced HB HB22-1387, titled an Act “Concerning Measures to Ensure that A Common Interest Community has Adequate Reserve Funds.” Read the entire article……………………………….
Maryland General Assembly Passes Bill Requiring Reserve Studies
The Maryland General Assembly has passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Under House Bill 107, the reserve study requirement, which was previously applicable to only Prince George’s and Montgomery Counties, is applicable statewide. Read the entire article……………………………….
Artificial turf now allowed in all Arizona HOAs
A circumstance that was never really much of an issue for some Northwest Valley homeowners associations is now not an issue for any Arizona resident. Earlier this month, Gov. Doug Ducey signed House Bill 2131 into law, allowing all homeowners to install artificial turf in any place HOA restrictions on installing artificial turf where natural […]
Washington Supreme Court Upholds Homeowners Association’s Assessment Decision
The Washington Supreme Court recently issued an opinion upholding a homeowners association’s member-ratified decision to raise funds through a combination of use-based fees and per-lot assessments as authorized in its governing documents. Read the entire article……………………………….
CAI Announces Amicus Win in the Texas Supreme Court
The Supreme Court of Texas determined that a party may qualify as a “prevailing party” under the Uniform Condominium Act by the parties who bring claims or successfully defend against claims. This case concerned whether a defendant condominium association is entitled to attorneys’ fees after obtaining a take-nothing judgment on claims by a plaintiff unit […]
House Bill 1040: Closures Notifications and More (CO)
The Governor signed House Bill 1040 into law last week, enshrining into law the obligation for community associations to provide notice to community members should it need to restrict access to common elements for more than seventy-two hours. While this is an appropriate, fair, and laudable goal, many other provisions of House Bill 1040 create […]
Federal Legislation Introduced to Address Financing Condo Safety Repairs
On April 18, 2022, Representatives Charlie Crist and Debbie Wasserman Schultz (both U.S. Representatives from Florida) introduced the Securing Access to Finance Exterior Repairs (“SAFER) in Condos Act of 2022. The bill is designed to address one of the main problems identified following the partial collapse of Champlain Towers South in Surfside, Florida, last year. Read […]
Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with Law (CA)
Bad News: If your association’s documents currently contain a minimum rental term of greater than 30 days or a rental cap of less than 25%, they now violate California law. Good news: The Legislature extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022. Read the entire article……………………………….
Kalway v. Calabria Ranch HOA, LLC (AZ)
On March 22, 2022, the Arizona Supreme Court issued the decision of Kalway v. Calabria Ranch HOA, case CV020-0152-PR. This decision severely restricts homeowners associations’ rights to amend their governing documents. The Court concluded that associations may only amend their governing documents where the original declaration gives sufficient notice of the possibility of a future […]
Updated Statutory Disclosure Requirements for Illinois Condominium and Community Association
The Illinois legislature recently approved two pieces of legislation that amend the Illinois Condominium Property Act (“ICPA”) and Common Interest Community Association Act (“CICAA”) and update the disclosure requirements for condominium and community associations Read the entire article……………………………….
Live in an HOA? The Idaho legislature quietly created a new HOA act: here’s what’s included
The Idaho Legislature quietly revamped the state’s laws relating to homeowner’s associations this session.The bill passed the House overwhelmingly, with a vote of 63-3, and the Senate 34-1, was signed by Gov. Brad Little late last month Read the entire article……………………………….
Federal Legislation Supports Condo Structural Repairs
U.S. Reps. Charlie Crist (D-St. Petersburg) and Debbie Wasserman Schultz (D-Broward, Miami-Dade) introduced the Securing Access to Finance Exterior Repairs (SAFER) in Condos Act of 2022 yesterday. The legislation, a response to the partial collapse of Champlain Towers South in Surfside, Fla., on June 24 in which 98 people died, allows condominium homeowners to finance […]
Colorado legislators signal openness to reviewing HOA laws as fire victims complain of woes
Sandy Quiller, who is obligated to pay hundreds of dollars in homeowners association dues for a home in Superior that no longer exists following the Marshall Fire, has found no relief since the Gazette put a spotlight on her story earlier this month. Read the entire article……………………………….
More Good News for Carbon-Cutting Co-op and Condo Boards (NY)
State regulators have given the green light to a $4 billion hydroelectric transmission project that will bring renewable energy from Canada to New York City — and help co-op and condo boards wean their buildings from fossil fuels, a key step toward compliance with the city’s Climate Mobilization Act. Read the entire article……………………………….
Colorado Court of Appeals affirms ruling in 2019 Loveland foreclosure case, vacates order to pay
The nearly three-year-long foreclosure case of Loveland resident Martha Hummel has entered a new chapter after the Colorado Court of Appeals ruled on an appeal filed by the company that bought her house following the 2019 foreclosure. Read the entire article……………………………….
Villages of Cascade Homeowners Association, Inc. v. Edwards (GA)
Court reverses denial of Homeowners Association’s motion for summary judgment on injured resident’s claims for premises liability, nuisance, and punitive damages Read the decision (PDF)…………………………………….
In a Boost to Co-ops and Condos, State Budget Backs Wind Farms (NY)
For New York City co-op and condo boards struggling to cut their buildings’ carbon emissions enough to satisfy the stringent Climate Mobilization Act, the state’s $220 billion budget for 2022-23 contains some welcome news. Most notably, Crain’s reports, the budget includes a record-breaking investment in renewable energy and in trying to protect the environment from […]
Colorado HOA foreclosure reform legislation moves forward
A Colorado House of Representatives committee narrowly voted Wednesday to advance a bipartisan measure aimed at limiting homeowners associations’ powers to file foreclosure cases based on fines for community-rule violations, capping such penalties and increasing due process for homeowners. Read the entire article……………………………….
How Russian Sanctions Affect the Collection Procedures and the Administration of Co-ops & Condos (NY)
The sweeping economic sanctions spawned by Russia’s invasion of Ukraine impact co-op and condo operations in terms of admissions and collection procedures and the administration of certain services to building residents. This is because conducting business with foreign nationals or entities who are subject to the sanctions could expose an association to enforcement proceedings by […]
House Bill 1137: Draft Amendments Still Impossible (CO)
If you pay attention to this blog or are involved in Colorado community association activities, you’ve certainly seen recent news stories detailing the impacts of HOA foreclosures on residents. While most of the foreclosures in the stories arose when owners failed to pay fines after violating rules or covenants, other foreclosures occurred because the owners […]
New Arizona law intends to crack down on ‘oppressive’ HOA rules
Gov. Doug Ducey has signed a bill prohibiting homeowner associations from regulating political signs that may be critical of the HOA. Read the entire article……………………………….
Proposed Miami Condo Rules Wouldn’t Prevent Another Collapse, Engineers Say
A month after Florida lawmakers failed to require more frequent and more thorough inspections of aging condominium buildings, Miami-Dade County officials have drafted their own reforms. But a few engineers said the proposed changes, which are set to receive a public hearing today, April 13, wouldn’t be enough to prevent another tragedy like the collapse […]
Civil Code § 5551 and Complying with Safety Inspection Requirements of Balconies (CA)
On August 30, 2019, Governor Gavin Newsom signed Senate Bill 326 into law. This law, which went into effect on January 2020, added §5551 to California’s Civil Code. The added section imposes inspection requirements for “exterior elevated elements” which a common interest development’s association has maintenance or repair responsibilities. This requirement does not apply to […]
Texas Supreme Court restores attorney’s fees award to defendant condo association
The Texas Supreme Court recently reversed an appellate court decision wiping an award of attorney’s fees to a defendant condominium association that prevailed in a breach of contract lawsuit. Read the entire article……………………………….
Michigan Court Of Appeals Confirms Need To Pay Condo Dues
In Frye v. Golfpointe Village Condominium Association, ____ Mich. App _____, No. 355864 (2022), the Michigan Court of Appeals affirmed a trial court’s decision granting the Association summary disposition in a case where a Co-owner challenged the Association’s foreclosure action. Read the entire article……………………………….
Benefits of Submission to the Georgia Property Owners’ Association Act
The Georgia Property Owners’ Association Act (“POA”) was adopted in 1994 to expand the powers of homeowner associations. Communities are not automatically submitted to the POA. Instead, either the developer/declarant must elect to submit the community to the POA, or the members must amend the declaration to submit their community to the POA. Most developers […]
Proposed Legislation Would Permit Changes In Percentage Interests Without Consent of All Unit Owners and Mortgagees (MD)
House Bill 358, now pending in the Maryland General Assembly, would allow alterations in the percentage interests assigned to each unit in the common elements by a vote of less than 100% of the unit owners. Read the entire article……………………………….
Amending CC&RS – Lessons From Kalway V. Calabria Ranch HOA (AZ)
On March 22, 2022, the Arizona Supreme Court issued a decision in the case of Maarten Kalway v. Calabria Ranch HOA, LLC et al., which addresses the ability of community association members to amend an association’s recorded declaration of covenants, conditions and restrictions (“CC&Rs”).Read the entire article……………………………….
FHFA brings foreclosures to a screeching halt for borrowers who applied for Treasury assistance
Borrowers with Fannie Mae or Freddie Mac-backed mortgages have been granted an additional two months to avoid foreclosure if they’ve applied for assistance from the Department of the Treasury. Read the entire article……………………………….
Ducey signs bill eliminating HOA restrictions on artificial grass (AZ)
Supporting the need to preserve water and protect private property rights, today Governor Doug Ducey signed into law HB2131. The bill was sponsored by Rep. John Kavanagh – Fountain Hills, after he was contacted by valley resident Sherry Lund. The need for such a law was recognized when Ms. Lund and her son Bradford Lund, […]
New Appellate Decision Impacts Declaration Amendments (NC)
In a decision issued today (April 5, 2022), the North Carolina Court of Appeals makes potentially significant changes to how amendments to declarations are adopted. As a result, associations considering declaration amendments should consult their attorney to make certain the process meets the new standards for adoption. Read the entire article……………………………….
Justice Department Alleges Disability Discrimination in Amended Lawsuit Concerning Design and Construction of Multifamily Housing in Hawaii
The Justice Department filed an amended complaint today in the U.S. District Court for the District of Hawaii, alleging that 14 entities designed and constructed five condominium and apartment complexes in Hawaii without accessible features required by the Fair Housing Act. Two of the properties — Kahului Town Terrace, in Kahului, Maui; and Palehua Terrace, […]
N.C. Supreme Court to rule on how much power HOAs have over solar
A coming decision could impact how thousands of developments regulate rooftop panels that are visible from the street. At issue is the meaning of eight words in the state’s 2007 solar access law. Read the entire article……………………………….
Board Member to Board Member Emails—Are They Official Records? Division of Condominiums Muddies The Waters (FL)
In January 6, 2022, the Department of Business and Professional Regulation (DBPR), through the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), entered a Final Order Granting Petition for Declaratory Statement in the matter of In re: Petition for Declaratory Statement, James Hanseman, Petitioner (the Hanesman Declaratory Statement). Read the entire article……………………………….
N.C. Supreme Court to rule on how much power HOAs have over solar
A coming decision could impact how thousands of developments regulate rooftop panels that are visible from the street. At issue is the meaning of eight words in the state’s 2007 solar access law. Read the entire article……………………………….
Arizona Supreme Court Rejects Unforeseeable HOA Amendments
In Maarten Kalway v. Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners’ association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions, and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land. The court ultimately held that general-amendment-power provisions may […]
2021 HOA Case Law Review (CA)
Various cases from California regarding community associations Read the entire article……………………………….
New Decision Gives Washington HOAs Broader Deference in Allocating Assessments
Surowiecki vs. Hat Island Community Association et al. is an important decision for homeowners’ associations throughout Washington State. It gives associations broad deference when deciding how to allocate assessments. So long as the association is making a discretionary decision in a procedurally valid manner and with reasonable care, the courts will not second-guess the association. […]
NIMBY surfers despair as coveted Hollister Ranch beaches open to the public (CA)
Starting April 1, 2022, Hollister Ranch should be very much open to public access, thanks to Gov. Gavin Newsom, who signed Assembly Bill 1680 into law in October 2019. The bill ostensibly puts an end to a decadeslong battle between those who own property at Hollister Ranch and the public over who is legally allowed […]
Illinois bill would require condo boards to give unit owners access to building records more quickly
A state senator who represents part of Chicago’s North Lakefront wants to improve access to building maintenance records for condo owners. In the wake of last year’s collapse of an oceanfront tower in South Florida, state Sen. Sara Feigenholtz wants the Illinois General Assembly to require condo boards to release any reserve study of required […]
White Bear Lake water challenge (MN)
Water is life. No natural resource is more important. That’s why White Bear Lake’s water usage–and its east metro impact and beyond—continues to be addressed by residents, policymakers and the court. Recall various benchmark events triggering the current debate and challenge: Read the entire article……………………………….
Florida judge approves $83 million settlement for victims’ families and owners in Champlain Towers South collapse
A Florida judge approved an $83 million settlement Wednesday for former condo owners and heirs of those killed last year when the Champlain Towers South residential building in Surfside partially collapsed. Read the entire article……………………………….
Oregon HOAs and Condominium Associations Must Remove Discriminatory Language by End of Year
Pursuant to HB 2534—a bill that passed the Oregon Legislature in 2021—homeowners associations and condominium associations are required to review their governing documents and either (1) remove discriminatory language or (2) certify the nonexistence of such language on or before December 31, 2022. Read the entire article……………………………….
FCC Clarifies Revenue Sharing Rules on Broadband Internet in Condominiums, Housing Coops, and other Multi-Unit Buildings
The Federal Communications Commission (FCC) concluded that revenue sharing agreements and exclusive use sale-and-lease back wiring arrangements between internet service providers and community associations are anti-competitive and violate the commission’s rules. The FCC found that exclusive marketing arrangements between community associations and internet service providers may continue but require arrangements be disclosed to residents. Read […]
Solar Panel Law Limits Powers of Indiana Homeowners Associations
On March 10, 2022, Gov. Eric Holcomb signed into law a bill curtailing the powers of Indiana homeowners associations to limit homeowner installation of solar energy systems, including solar panels and solar shingles. Read the entire article……………………………….