Everything You Need To Know About HB2158 (AZ)

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……………………………….

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 […]

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 […]

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 […]

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……………………………….

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 […]

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 […]

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 […]

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……………………………….

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, […]

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……………………………….

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 […]

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.  […]

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……………………………….

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……………………………….