After two years of digging and a recent court battle, a local property association is claiming victory over lenders, investors, and home builder DR Horton. Read the entire article……………………………….
Window-tinting regulations could be scaled back (FL)
The Town of Fort Myers Beach Council is reconsidering an ordinance passed last year to tighten tinting standards on windows for new construction or window replacements. Read the entire article……………………………….
Turning Up Thermostats Would Boost Co-op and Condo Carbon Emissions (NY)
Bad news for co-op and condo boards struggling to cut their buildings’ carbon emissions enough to comply with the Climate Mobilization Act. In response to the deadly January fire in the Bronx that killed 17 people, the New York City Council is considering a bill that would require landlords and co-op and condo boards to […]
2022 Legislation: Insight and Legal Update (CA)
On balance, the industry fared well in this last legislative session. The prior two years in a row, we faced some of the most historically significant bills since the Davis-Stirling Act came into effect in 1986. And we’re still dealing with those bills (think SB 323, AB 670, AB 3182). That’s saying a lot considering […]
Flag Fight: SC bill would clear up rights to display American Flag within HOA communities
The battle of property rights and the right to police what homeowners put on their property is once again front and center in Columbia. Read the entire article……………………………….
Proposed Legislation Would Authorize the Creation of a Fund For Infrastructure Repairs (MD)
House Bill 1061, now pending the the General Assembly, would authorize counties and municipalities in Maryland to create a fund to assist in the repair of infrastructure in condominiums and homeowner associations. Read the entire article……………………………….
Court confirms Carefree’s water storage reservoir (AZ)
The Arizona Supreme Court reaffirmed Carefree’s right to construct an underground water storage reservoir, denying the Boulders Homeowners Association’s motion to halt construction on March 8. “Having considered the motion and response, based upon the information provided and the interests at issue, and in the exercise of this Court’s discretion, it is ordered denying the […]
Bill to ban HOAs from barring artificial turf passes in AZ Senate
The Arizona Senate gave preliminary approval to a measure that would ban homeowner associations from stopping residents from replacing their natural lawns with artificial turf, with some exceptions. Read the entire article……………………………….
10 HOA Rules that Break the Law (FL)
While homeowners’ associations (HOAs) adopt and enforce rules, they are also subject to rules themselves. In fact, there are numerous rules that govern HOA practices at the local, state and federal levels. When adopting and enforcing rules, HOAs need to be very careful to ensure that they are complying with the law—as failure to do […]
Loan default could eject 35 tenants from Harlem condo (NY)
A dispute between the developer of a West Harlem condo building and his former lender could push its tenants out of their homes. The loan’s terms called for the building to be used “exclusively” as a condominium and dictated that Balkany “may not enter into any lease” without the lender’s written consent, a complaint filed Wednesday […]
Colorado bill would curb HOAs power to foreclose due to unpaid fees
A group of Colorado lawmakers is proposing a bill that would require a homeowner’s association to take several steps before moving forward with a foreclosure-related to unpaid HOA fines and fees. Read the entire article……………………………….
Artificial Turf: A HOT Topic in AZ
The installation of artificial grass in community associations is becoming an increasingly pressing topic. With the Arizona Department of Water Resources’ (AWDR) goal of sustainable water supplies by 2030 in mind, it would certainly make sense for artificial turf to become a popular means of reducing water usage for property owners. Read the entire article……………………………….
And Then There Were Three (bills) (CO)
Of the original six bills concerning homeowners’ associations, four have been acted upon and either passed into law or postponed, leaving three bills left. Yes, I know the math doesn’t work unless you add HB 22-1314 which is not titled as an HOA bill but does impact common interest communities (more on this below).Read the […]
Unknowns of Litigation Could Outweigh the Possible Rewards (NY)
When my co-op and condo board clients decide to start a lawsuit against one of their tenant-shareholders or unit-owners, they want to know what the litigation will be like. Will they win? How long will it take? How much will it cost? The answers to those questions are rarely satisfying because litigation can be uncertain, […]
DeSantis says he would welcome a special legislative session on property insurance rates and condo safety (FL)
The Florida Legislature adjourned last week after unsuccessful attempts to address skyrocketing property insurance premiums and improve the safety of condo towers. Read the entire article……………………………….
Some Florida property owners to get tax breaks following Surfside condo collapse (FL)
Florida homeowners whose properties are severely damaged in a disaster will get a break on their real estate taxes, according to a new state measure that follows the deadly Surfside condo collapse. Read the entire article……………………………….
Condo owners plead with lawmakers to change law (AZ)
Legislation that would change Arizona’s condominium termination statute narrowly passed a key vote after more than a dozen homeowners pleaded with lawmakers to advance the bill last week. Read the entire article……………………………….
Brooklyn federal judge defeats misconduct case over Florida condo
A federal judge in Brooklyn has been cleared of misconduct over allegations he misused judicial resources and capitalized on his position’s prestige to complain about construction at his Florida condo building and win a seat on the condo association’s board. Read the entire article……………………………….
Condo Column: The bad budget bill (NH)
As noted from my last two columns, it has been an interesting Legislative session in Concord for condominiums, starting with the proposal of Senate Bill 324 that would effectively shut down condominiums. But that’s not the only piece of legislation currently pending that is of concern. The New Hampshire House of Representatives wanted its chance […]
Short-Term Rentals Are a Residential Use in Most Washington Community Associations
With the rise of Airbnb and other similar services, more and more homeowners are looking to rent out their property on a short-term basis. Whether a homeowner is allowed to do so is a question that can be answered by reviewing the association’s restrictive covenants found in the community’s Declaration of Covenants, Conditions, and Restrictions […]
Does the Class Action Fairness Act Allow Appeals of Sua Sponte Remand Orders?
A recent Eleventh Circuit decision on the Class Action Fairness Act (CAFA) caught my eye. It involves the kind of question legislators (and their staffs) probably never think about when drafting a statute. Law professors dream up these types of questions when trying to find a way to puzzle their students on an exam. It’s […]
After Insurance, Condo Bills Fail, Florida Lawmakers Talking Special Session (FL)
The death knell sounded for the 2022 Florida Legislative session Friday with no major property insurance reform bills passed. But the ghosts of rising premiums and failing insurers will continue to haunt the state, and some lawmakers already are looking ahead. Read the entire article……………………………….
Arizona legislative attempt to prevent condo owners’ displacement runs into issues
A proposal to save condominium owners from being forced out of their homes has run into a problem. It may be unconstitutional. Read the entire article……………………………….
Flag Fight: SC bill would clear up rights to display American Flag within HOA communities
The battle of property rights and the right to police what homeowners put on their property is once again front and center in Columbia. For years, legal battles have quietly been waged along the Grand Strand between homeowners and their HOAs. Horry County has led the state in complaints lodged towards HOAs in recent years. […]
Condo law gets challenge to its validity (AZ)
A proposal to save condominium owners from being forced out of their homes has run into a problem. It may be unconstitutional. An attorney for a Chicago developer told state senators their plan to rewrite the laws governing condos would retroactively change the laws under which the buyers obtained their property. And Charles Markle said […]
Spring 2022 Federal Legislative Update
CAI’s Government and Public Affairs team and its legislative action committees are continuing to work to strengthen and improve laws at the local, state, and federal levels that govern community associations. Here are some of the highlights from the CAI Federal Legislative Action Committee (FedLAC) heading into the spring. Read the entire article……………………………….
Homeowners association, property managers settle discrimination lawsuit (IN)
An Indianapolis homeowner has reached a $262,500 settlement with her homeowners association and a property management company over allegations of harassment and discrimination. Read the entire article……………………………….
New law protects Hoosier property rights, makes it harder for HOAs to say no to solar (IN)
It finally happened. After six years of pushing — and repeatedly falling short — a bill that makes it harder for Homeowners Associations to prohibit residents from adding solar panels to their homes finally passed. Read the entire article……………………………….
Surfside-inspired condo reforms watered down; bill retains ‘milestone’ inspections (FL)
Legislation, inspired by the Surfside condo disaster, to require “milestone” structural inspections of multi-resident buildings has cleared the Florida Senate but in a watered-down form. Read the entire article……………………………….
The “Validation Notice” and Complying with New FDCPA Regulations
If your association refers delinquent accounts to our firm (or any other law firm or collection agency), you may notice a few changes to debt collection policies and procedures, such as references in collection status reports to sending a “validation notice” as the first written communication sent to a debtor. Why? Because on November 30, […]
Court Requires More Disclosure For Michigan Condos And HOAs
A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow inspections absent very compelling reasons. While some legal questions remain, and cases like this will depend on their specific facts, the trend appears to […]
Holding HOAs accountable: The focus of HB22-1137 (CO)
Homeowner associations could face major changes if a bill proposed in the House on Wednesday gains approval through the Colorado legislature. New strategies are now being considered to regulate homeowners’ associations across the state after foreclosure notices were handed out to 60 families in Green Valley Ranch. Read the entire article……………………………….
Connecticut ‘right-to-charge’ bill paves path for renters to install their own EV chargers
The legislation would give residents of multi-unit buildings the right to install electric vehicle charging equipment in their designated parking spaces by preventing “unreasonable” restrictions from landlords or homeowner associations. Read the entire article……………………………….
Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative Defense (FL)
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections afforded by the business judgment rule even if the defendant did not plead the rule as an affirmative defense. […]
3 Lawsuit Defendants Reach $55.5 Million Tentative Settlement In Florida Condo Collapse (FL)
Three of the defendants in a class-action lawsuit over the deadly collapse of a condo tower in Surfside, Florida, last year reached a tentative settlement of $55.5 million with the victims of the catastrophe, according to court filings on Tuesday. Read the entire article……………………………….
HOA Bills Scheduled for Hearing (CO)
Three of the bills aimed at common interest communities are all scheduled to be heard on March 9, 2022, in the afternoon session of the House Committee on Transportation and Local Government. The three bills are HB22-1239, which is the regulation of community association managers and, more appropriately, the regulation of community association management companies. […]
Homeowners associations couldn’t ban solar panels under plan in Missouri Senate
The Missouri Senate gave initial approval to a plan Monday that would forbid homeowners associations from banning residential solar panels. The legislation, sponsored by Sen. Eric Burlison, R-Battlefield, would allow homeowners associations to regulate solar panels. But his plan gives property owners the right to generate solar energy on their own roofs. Read the entire […]
New Bill Would Add Transparency to LLC Condo Buyers (NY)
The original target was tax dodgers. Now, as the Russian invasion of Ukraine intensifies, the target is anonymous Russian oligarchs who parked their gains in pricey New York City real estate. Read the entire article……………………………….
“I am not going away” A lawmaker’s continued push for HOA regulations and consumer protections (MD)
More than a million people are estimated to reside within a homeowners association or condominium board in Maryland, and yet, there aren’t many requirements to manage these communities. Delegate Marvin Holmes Jr. (D-Prince George’s County) is determined to change that. Read the entire article……………………………….
Law firm representing Hideaway Hills residents files appeal (SD)
Court appeals continue in the original lawsuit against the state on behalf of residents in the neighborhood where a sinkhole opened in April 2020, while a new case has been filed against the state. Read the entire article……………………………….
10th Circuit directs Gunnison condo operators to comply with anti-discrimination agreement (CO)
After the federal government reported that the owners of a Gunnison housing complex refused to abide by the terms of an agreement meant to avoid further discrimination, the U.S. Court of Appeals for the 10th Circuit has now ordered them to comply. Read the entire article……………………………….
Recent Changes to the Fair Debt Collection Practices Act
The Consumer Financial Protection Bureau (“CFPB”) recently adopted a new Final Rule that amends Regulation F, 12 C.F.R. part 1006, which implements the Fair Debt Collection Practices Act (“FDCPA”). These are Federal rules governing certain activities of debt collectors, as that term is defined in the FDCPA. This is applicable to community associations because law […]
Another Stunning Grand Jury Report About Florida Condominiums
I’ll tell you something – I give a lot of credit to Kathy Fernandez Rundle, The State Attorney for Miami-Dade County. She actually prosecutes cases of condo fraud, years ago she assembled a grand jury to make recommendations to the state legislature regarding condo crimes, kickbacks, conflicts of interest and the grand jury’s findings turned […]
Appeals Court Decision Affects Michigan Condo Developers
The condominium association attorneys at Makower Abbate Guerra Wegner Vollmer won a significant published decision relevant to any Michigan condominium established ten or more years ago. Elizabeth Trace Condominium Ass’n v American Global Enterprises, Inc., ___ Mich App ___, No 355243 (2022) is the most recent in a series of Michigan Court of Appeals cases […]
Updates from Arizona Legislature – March 1, 2022
The 2022 Arizona Legislature has introduced a large number of HOA/condo bills after two relatively quiet years of a COVID legislature. The new bills pertaining to HOAs and condos fall into several categories such as permitted flags, green bills regarding artificial grass or solar/water conservation, vacation/short term rentals, amending association documents, assessment liens, homestead exemptions […]
Oregon Court of Appeals Addresses Conversion of Golf Course Land to Residential Subdivision Over Protest of Homeowners Association
In desirable areas of the Pacific Northwest, including Portland, Seattle, and Central Oregon, disputes and concerns relating to land development, lack of developable property within urban growth boundaries, and the effects thereof on supply and demand of homes and home prices have taken center stage.1 Read the entire article……………………………….
New Construction Condos: What is the Implied Warranty of Habitability? (MI)
Purchasing a new construction condominium can be an exciting proposition. Generally speaking, a developer will provide an express written warranty to the purchaser of a new condominium unit that covers defective construction within the unit. However, in addition to the interior of a condominium unit, co-owners also purchase an undivided interest in the common elements […]
New condo guidelines cause strain for mortgage lenders
In the wake of the condominium tower collapse in Surfside, Fla., that left 98 dead and 136 homes lost, Fannie Mae and Freddie Mac issued letters with temporary requirements of condo and co-op projects related to the maintenance of these buildings. Read the entire article……………………………….
Some Condo Boards Refuse New Mortgage Questions
Can the condo world live without mortgage giants Fannie Mae and Freddie Mac and their more affordable financing terms? A fast-developing crisis is hitting condominium association boards and property management companies across the country tasked with filling out Draconian questions required of HOA property management companies. Read the entire article……………………………….
PARK SUTTON CONDOMINIUM, INC. and BARKAN MANAGEMENT, LLC v. DORA C. JOHNS (MD)
In the Circuit Court for Montgomery County, Dora C. Johns, appellee, brought an action against Park Sutton Condominium, Inc. and Barkan Management, LLC, appellants, for breach of contract, negligence, nuisance, trespass, fraud, and negligent representation. Appellants answered her Complaint and filed a Motion for Summary Judgment, which was granted as to the nuisance and trespass […]