In a somewhat complimentary unpublished decision to Harris v. Rojas (a Second District decision we posted on recently), the Third District in Winchester Community Assn. v. Perrotta, Case No. C085295 (3d Dist. July 20, 2021) (unpublished) had to review a discretionary “prevailing party” decision under the Davis-Stirling Act fee shifting statute by which the HOA […]
9th Cir. Holds Mortgagee May Challenge HOA Foreclosure Sale That Violates Bankruptcy Automatic Stay (NV)
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower’s bankruptcy, and against a mortgagee whose interest in the foreclosed property would have […]
Flags: What Everyone Ought to Know About Idaho’s HOA Flag Rules
Flags are something you see every day and with summer holidays coming up, flags are going to be everywhere you go. Flags can mean different things to different people, they can represent countries, ideas, holidays, and even politics. Flags have a long history, and regardless of what they represent, they will continue to be put […]
11th Circuit Affirms Condo Tower Hurricane Damage Award That Disappointed Both Sides (FL)
The 11th Circuit Court of Appeals affirmed a jury verdict that found an insurer liable for $2.6 million in damages to a Miami condominium tower caused by Hurricane Irma, rejecting arguments made in appeals filed by parties on both sides of the dispute. Read the entire article……………………………….
Are Non-Competes Illegal? Three Takeaways From the New Executive Order
Bringing on new staff (and starting a new job) is typically a hectic process. There is a ton of information to gather – in addition to acclimating to the requirements of the new job and beginning work. Many organizations require employees to sign various employment agreements at the start of their tenure. One such form […]
$150M Initially Going to Victims in Surfside Condo Collapse: Judge (FL)
Sum includes insurance on the Champlain Towers South building and the expected proceeds from sale of the Surfside property where the structure once stood Read the entire article……………………………….
Maryland – Right to Compost for HOAs and Condos
The right to engage in composting is often prohibited or highly restricted for those living within homeowners’ associations (HOAs) or condominiums. Maryland House Bill 248, which became law on May 30th, 2021 without the Governor’s signature, clarifies rights and restrictions on composting regulations in condominiums and HOAs throughout Maryland. The new law, sponsored by Delegate […]
Righting past wrongs: Utah and Connecticut simplify removal of discriminatory covenants
Community associations in Utah and Connecticut can now use a streamlined process to invalidate racially restrictive provisions contained in governing documents or in individual deeds of homes. The recently passed laws are the latest efforts to facilitate removal of discriminatory covenants that left an unfortunate legacy in housing segregation. Read the entire article……………………………….
Champir Decision, Unpublished Earlier, Now Certified For Publication (CA)
In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), which we reviewed when it was unpublished in our June 29, 2021 post, homeowners received a substantial fee award for prevailing against HOA under a Davis-Stirling Act fee shifting provision. We can now report that this case was […]
Warning! If You Rent A Condominium or Live in One that You Do Not Own, You May Not Be Able to Challenge an Eviction by the Condominium Association (MI)
If you are a tenant or do not own the condominium unit you are living in and your landlord/owner wants to evict you, you have what is called “standing” to challenge the landlord/owner in court. However, if you rent or live in a condominium unit you do not own and the condominium association governing the […]
Condo owners’ appeal could be last legal hurdle for offshore wind in Great Lakes (OH)
A legal challenge by two lakeview condo dwellers seeking to block Lake Erie’s first offshore wind farm faces a high legal bar before the Ohio Supreme Court — with equally high stakes for clean energy in the region. Read the entire article……………………………….
HOAs Go Green: Colorado Bill Forces HOAs to Accept Fake Grass and Solar Panels
Recently, Colorado House Bill 21-1229 passed, increasing protections for property owners within HOA-guided communities. The bill keeps Homeowner Associations (HOAs) from prohibiting xeriscape, nonvegetative turf grass, and renewable energy-generation devices (like solar panels). Read the entire article……………………………….
Miami Condo Collapse Raises Questions of California Liability for Dangerous Property
The horribly tragic Miami condo collapse raises questions about liability for dangerous property in California. The legal theory that covers injury from dangerous property is called premises liability. In other words, I have been thinking about who is responsible for this horrific condo collapse that has taken so many lives, and who would be liable […]
Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions (FL)
Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021). Read the entire article……………………………….
Newberry Plaza battle heads to court (IL)
After much conversation, bickering, and battling over the fate of about 10,000 square feet of commercial space, a group of residents at Newberry Plaza is taking their concerns to court. Individual members of the Newberry Plaza Condominium Association board of directors are officially being sued for breach of duty. Read the entire article……………………………….
Allegedly rampant illegal short-term rentals at Miami’s Opera Tower leads to lawsuit seeking class action (FL)
For years, the Opera Tower Condominium Association has allowed illegal short-term rentals to run rampant, causing building expenses to skyrocket and property values to crater, according to a recently filed lawsuit. Read the entire article……………………………….
Lawsuit Seeks to Oust Atelier Condo Board Over “Illegal Hotel” (NY)
Tourists are coming back to New York City, and the luxury Atelier condominium in Hell’s Kitchen is back in the news. An 81-page complaint filed recently in state Supreme Court on behalf of disgruntled unit-owners claims the condo board has turned the Atelier into an “illegal hotel enterprise.” The lawsuit seeks removal of the board, […]
New legislation going into effect September 7th (CO)
Two new bills relating specifically to HOAs have recently been signed into law and take effect in early September. Several of the highlights are below. Read the entire article……………………………….
New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations
As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require the association to provide notice before a claim of lien securing payment of past due assessments is filed (the […]
Kentucky HOA Laws
Complying with your state laws is imperative if you want to stay out of legal trouble. What are the different Kentucky HOA laws that homeowners associations must keep up with? Read the entire article……………………………….
HOA/Condo Board Removal Process (AZ)
Your board has received a board removal petition… What should you do next? The procedure to remove a single board member or multiple board members from the board is outlined in A.R.S. 33–1813 (for planned communities) or A.R.S. 33–1243 (for condominiums). Read the entire article……………………………….
HOA Management Firm Loses Appeal Over Damages in Trademark Case (TX)
Spectrum filed suit against Lifetime and Jay Tuttle for trademark violations under the Lanham Act over a domain name. After Spectrum was awarded statutory damages, the district court declined to award attorneys’ fees to Spectrum. Read the entire article……………………………….
Liability protection: State laws facilitate community pool operations
Many community association residents have enjoyed cooling off at pools this summer as more boards opened the amenity in 2021 with appropriate COVID-19 restrictions in place. Other communities have elected a cautious approach to their pool season, looking to state laws for guidance or limited liability protection. Read the entire article……………………………….
Governor Signs HOA Bills (CO)
On Friday, July 2, 2021, Governor Polis signed into law HB 21-1229, the Unit Owners Protection Bill, and HB 21-1310, the Freedom of Speech Bill. HB 21-1229 and HB 21-1310 will become effective in September unless referred to the people for a vote. See our prior Legislative Wrap-up blog post for a brief summary of […]
Gov. DeSantis says state will review condo association disclosure requirements following Surfside collapse (FL)
Gov. Ron DeSantis repeated his promise to review condo association regulations in light of the deadly building collapse in Surfside, killing at least 94 people. DeSantis spoke Monday at a virtual event with the Florida Chamber of Commerce where he also promoted additional charitable causes to help victims of the June 24 collapse. Read the […]
Homeowner Associations, Mediation: $318,426 Fee Award To HOA Prevailing On Encroachment Issue Was No Abuse Of Discretion (CA)
HOA, in Country Glen Oak Park Homeowners Assn. v. Garrett, Case No. B303220 (2d Dist., Div. 6 July 6, 2021) (unpublished), won a case to require removal of a pool equipment encroachment by homeowners as well as $820 in compensatory damages. The trial court then awarded HOA $318,426 out of a requested $323,579 in attorney’s […]
Judge orders Bay Minette homeowner to remove flagpole after violating HOA covenants (AL)
A flagpole is no longer standing in Brandon Scott’s front yard in Bay Minette. The centerpiece of his lawn is now vacant. The Canterbury Homeowner’s Association took him to court over covenant violations they say he broke when the flagpole and a statue were placed on his property. Read the entire article……………………………….
Undermining Florida’s condo laws: Politics, turf wars and human nature
Florida’s condominium laws will undergo a top-to-bottom review by a task force established by the Florida Bar Association after the deadly collapse of the Champlain Towers South condo building in Surfside. Read the entire article……………………………….
Court Confirms, Not Everyone is Entitled to a Protected View (CA)
In California jurisprudence, it is well established that a homeowner “has no right to an unobstructed view over adjoining property.” (Posey v. Leavitt (1991) 229 Cal. App. 3d 1236, 1250.) Such right may, however, “be created by private parties through the granting of an easement or through the adoption of conditions, covenants and restrictions.” (Id.) […]
Florida Senate Bill 630: Changes to Florida Condominium and Homeowners’ Association Laws
On June 14, 2021, the Florida Legislature sent Senate Bill 630 to Governor DeSantis to be signed into law. Senate Bill 630 went into effect on July 1, 2021. Senate Bill 630 contains many changes to Chapters 718 and 720, Florida Statutes, which govern condominium and homeowners’ associations, respectively. Most of the changes in Senate […]
FL Condo Collapse Spurs Jersey City Mayor To Examine Local Policy (NJ)
Jersey City Mayor Steven Fulop said he would introduce new policies around building inspections and condo associations. Read the entire article……………………………….
2021 Legislative Update (FL)
The 2021 Florida Legislature was busy indeed. This year’s new legislation brings tremendous clarifications of existing laws and new laws to Florida’s community associations. All of the bills discussed herein were approved by the Governor, and are now in effect (unless otherwise noted). To view the bills that were passed into law, please visit kbrlegal.com […]
Colorado HOAs losing power to restrict speech on flags and signs
Coloradans will soon be able to fly flags or display signs outside their homes without restrictions on the content, even if they live in a neighborhood with a homeowners association. Gov. Jared Polis signed HB21-1310 into law Friday — one of 19 that got his signature before the July Fourth holiday weekend. Read the entire […]
The laws every Florida condo owner needs to know
With all eyes on the catastrophic building collapse in Surfside, Florida, condo owners, associations, and property management groups are taking another look at the safety of their own buildings. “Boards are awake. Management companies are awake. Engineers are going to be very busy. Repair contractors are going to be very busy,” said Alan Tannenbaum, a […]
DeSantis signs home-based business bill into law (FL)
Seen as a victory for small business owners and aspiring entrepreneurs, Governor Ron DeSantis signed House Bill (HB) 403 into law on June 29. The bill broadens which businesses are considered “home-based” and preempts local government regulation beyond standard zoning laws and homeowners’ association rules. It prevents local governments from creating regulations that vary from […]
Missouri Supreme Court rules against attorneys fees for Boone County homeowners association
The Missouri Supreme Court affirmed a Boone County Circuit Court’s decision to deny attorney fees and litigation expenses to a homeowner’s association. The circuit court properly applied Section 18(d)(2) of Arrowhead Lake Estates Subdivision’s Declaration of Covenants, Easements, and Restrictions by considering whether it was deemed appropriate to award Arrowhead Lake attorney’s fees and costs, […]
New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations
As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require the association to provide notice before a claim of lien securing payment of past due assessments is filed (the […]
No Abuse Of Discretion In Trial Court’s Determination That Plaintiffs Were Prevailing Party, Resulting In Fees Award Of $112,340 (CA)
In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), plaintiffs sued homeowners’ association for breach of the CCR’s stemming from association’s decision to install traffic lights at a location not approved by a majority of its voting members. Plaintiffs also asserted causes of action for trespass, nuisance, […]
‘Free The Lemonade Stands’ bill approved (PA)
The legislation amends state law to allow children to operate lemonade stands or other small businesses without receiving a business license from their local municipality or homeowners’ association. Read the entire article……………………………….
2021 Mid-Year State Legislative Session Update
Our state update covers all 50 states that convened their legislative session in 2021. More than 30 states have formally adjourned for the calendar year, with three holding their first special session. Over the past six months, CAI’s 36 state legislative action committees (LACs) and more than 600 volunteer committee members worked tirelessly to advocate […]
Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit (FL)
An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. Read the entire article……………………………….
Community Association Legislative Update 2021 – Part III (FL)
The legislature had a busy session this year. Several bills impacting community associations and property owners throughout the state were enacted into law. The below summaries provide an overview of the new laws: Read the entire article……………………………….
A look at new laws that will affect Nevada HOAs
Note: After each session of the Nevada Legislature I review new state laws that will affect our Las Vegas homeowners associations. I have prepared a two-part series for my column to look at each bill for this past legislative session. Today, I will talk about laws affecting dog insurance, construction hours, vehicle towing, fees and […]
The Biden Administration, Congress, and Community Associations: 2021 Mid-year CAI Federal Update
The transition to a new presidential administration and a closely divided Congress has not slowed the pace of federal legislation in 2021. In March, President Joe Biden’s signature COVID-19 relief plan, the American Rescue Plan Act, became law. As federal policymakers discuss this and other proposals, this federal update outlines how CAI advocates are working […]
Condominium Legislative Update – SB1966 (FL)
In addition to SB 56 and SB 630 which were signed into law by Governor Ron DeSantis on June 16, 2021 as addressed in my blog post from June 17, 2021, Governor DeSantis signed Senate Bill 1966 into law on June 21, 2021. The legislation, which is effective July 1, 2021, makes additional changes to […]
Bella Vista POA dismissed from stump dump lawsuit (AR)
The Bella Vista Property Owners Association won another legal victory Monday when a local circuit judge dismissed the association from a lawsuit related to the stump dump fire. Judge Brad Karren made his ruling after hearing from attorneys representing the association and 148 plaintiffs who were suing it. Read the entire article……………………………….
2021 Texas Legislative Update: Issues Affecting Master-Planned Community & Condominium Developers And Developer-Controlled Communities
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have had some effect on the administration of Texas planned communities. In the end, four meaningful bills passed (five […]
Governor DeSantis Signs SB 630 Into Law, Containing Significant Amendments to Florida’s Condominium Act, Cooperative Act, and Homeowners Association Act (FL)
On June 16, 2021, Governor Ron DeSantis signed Senate Bill (SB) 630 into law, which enacts numerous amendments to the Condominium Act (Chapter 718, Florida Statutes), the Cooperative Act (Chapter 719, Florida Statutes), and the Homeowners Association Act (Chapter 720, Florida Statutes). The list below summarizes the primary effect of SB 630, but is not […]
New Requirements for Collection of Delinquent Assessments (FL)
The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718.116 and 718.121 for condominiums; 719.108 for cooperatives; and, Section 720.3085 for homeowners’ associations. With these […]