Governor Ron DeSantis signed Senate Bill 56 and Senate Bill 630, into law on June 16, 2021. The legislation, which is effective July 1, 2021, affects the operation of homeowners associations and condominium associations, including collection practices, notices of meetings, transfer fees, electronic vehicle charging stations, dispute resolution, emergency powers, official records, reserves, and leasing. […]
South Carolina HOA Laws
Homeowners associations must adhere to applicable federal laws as well as the relevant laws in their state. For those in South Carolina, there are a handful of titles and chapters that apply. These are the different South Carolina HOA laws you must know about. Read the entire article……………………………….
New Legislation Changes Collections & Foreclosures Process for Florida Community Associations
Recently, the Florida Legislature enacted significant statutory changes that impact community association collections and foreclosure actions. The updates to Chapter 718, Chapter 719 and Chapter 720 of the Florida Statutes go into effect on July 1, 2021 and include requirements regarding: Read the entire article……………………………….
9th Circuit reverses ruling in FDCPA case (AZ)
On June 8, the U.S. Court of Appeals for the Ninth Circuit overturned a district court’s finding that an obligation for a rental property cannot be “primarily consumer in nature” under the FDCPA. The plaintiff and his wife purchased two properties in the same community in Arizona. The plaintiff and his wife claimed that they […]
Supreme Court leaves Columbia homeowners association with $84,000 attorney bill (MO)
When a Columbia couple sought to install some outdoor amenities at their home in 2017, such as a pool on their property in the Arrowhead Lake Estates, the upgrades were granted by the community’s homeowners association. The homeowners then started constructing another building for use at the pool that wasn’t part of the plan. The […]
2021 Texas Legislative Update
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 […]
Texas governor signs pro-solar bills that clarify decommissioning, strengthen consumer protection
“This legislation will make sure solar customers have information they need to make informed decisions and will prohibit municipalities in addition to homeowner association boards from unreasonably restricting energy independence. These protections are hugely important for the rooftop solar market and will help to bring even more jobs and solar to Texas,….” Read the entire […]
Court of Appeals Holds that HOAs Do Not Have a Duty to Provide Onsite Parking to Invitees (CA)
The Court of Appeals recently ruled in Issakhani v. Shadow Glen Homeowners Association, Inc. (2021) 63 Cal.App.5th 917, that homeowners associations do not have a duty of care to provide onsite parking to invitees. In that case, a pedestrian was struck by a car when jaywalking across a five-lane highway at night. The pedestrian was […]
The Climate Mobilization Act’s Surprising Paradox (NY)
Co-op and condo boards are facing a harrowing challenge. Under Local Law 97, the centerpiece of the city’s ambitious Climate Mobilization Act (CMA), all covered buildings larger than 25,000 square feet will be given a yearly carbon emissions budget, or cap. Beginning in 2024, significant fines will be levied against buildings that emit more carbon […]
New Foreclosure Requirements for Community Associations (WA)
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Read the entire article……………………………….
Judge: Condominium Association May Still Fine Landlords For Approving Aspen Pot Shop And Wine Cellar (CO)
A judge’s ruling last week dealt a blow to a landlord and its two tenants, a pot shop and wine cellar, both of whom must be evacuated due to new regulations on a downtown Aspen building. Read the entire article……………………………….
2021 Florida Community Association Legislative Update
Another big year for legislation impacting Florida’s community associations. Now is the time for associations to contact their attorneys for guidance. The following items will become law on July 1, 2021, unless vetoed by the Governor. Following is a summary of the highlights. For complete coverage, please click on the various links below to see […]
Justice: Co-ops No Longer Subject to Constraints of Tenant Protection Act (NY)
The co-op community scored a significant victory on Thursday when the state Legislature passed two bills that effectively carve co-ops out of the Housing Stability and Tenant Protection Act. The intention of the act, which was signed into law by Gov. Andrew M. Cuomo in 2019, was to provide protections to the millions of tenants […]
Time To Update Your Sign ands Flag Rules (CO)
HB 1310 has been making its way through the legislative process and Passed 3rd Reading in the Senate on June 10, 2021 with no amendments. This means the bill will be, if not already, sent to the Governor for signature. How will this bill impact associations? For one, it will require current rules pertaining to […]
Hollywood condo fined for not maintaining public path (FL)
A special magistrate has fined the Renaissance on the Ocean condo association $15,000 for not maintaining a public pathway. The path parallels the beach and is located behind the Renaissance on North Beach in Hollywood. The public pathway is supposed to be maintained by the condo association as required by an agreement with the city. […]
Enclosed Balconies May Not Be Forever (NY)
Many co-op shareholders and condo unit-owners enclose their balconies. After all, who doesn’t want extra living space? However, the case of Village Mall at Hillcrest Condominium v. Banerjee asks a more ticklish question: Was consent to enclose the balcony in a condominium properly obtained – and was it then properly revoked by the board? Read […]
Important Oregon Legislation Update: Electronic Meetings Now Law
The Oregon Legislature enrolled SB 329, making electronic meetings law……… “Electronic Meeting” means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present.Read the entire article……………………………….
Does a condominium HOA owe a duty of care to provide parking for visitors? (CA)
A visitor attempts to park their car at a condominium complex governed by a homeowners’ association (HOA). The complex has fewer guest parking spaces than required by a parcel-specific ordinance. Unable to find parking at the complex, the visitor parks across the street. When jaywalking across the public street to reach the HOA property, the […]
Judge rules against Stanardsville mayor, another resident, in Dogwood Valley case (VA)
Last month, a judge in the 16th Judicial Circuit upheld a 2019 decision ruling that two Greene County men are personally liable regarding actions taken by a homeowner’s association in Greene. Read the entire article……………………………….
Owner of Roundwood Manor in Hunting Valley gets another chance to fight for plan to turn historic mansion into condos (OH)
A state appeals court is giving the owner of a century-old mansion in Hunting Valley with ties to the Van Sweringen brothers another chance to argue that the well-to-do east side suburb improperly applied its zoning code to a years-old proposal to turn her mansion into condominiums. Read the entire article……………………………….
New law lays term limit debate to rest (FL)
Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? Read the Q&A………………………………..
Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction Costs
Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021. Under the new law, if (1) a purchase agreement discloses that earnest money deposits may be used for construction costs, and (2) the developer obtains […]
Insurer wins bad faith construction case
A federal appeals court Tuesday upheld a lower court decision that ruled an insurer is not obligated to defend a land developer charged with negligent design and construction under exclusions in its policies. Read the entire article……………………………….
Becker Uncovers Collusion Between Florida OIR & Citizens Insurance
Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which resulted in a consent order being issued without a trial or considering the legality of […]
Settlement reached in Bella Vista stump dump lawsuit (AR)
$3 million settlement has been reached in the Bella Vista Trafalgar lawsuit, also known as the stump dump in Bella Vista. Jason Wales is an attorney for the Armstrong family, which is in the Property Owners Association. He said the lawsuit was filed against former POA members over the underground fire burned at the Trafalgar […]
Lessons Learned from 5th DCA’s Overturned Condominium Foreclosure (FL)
Florida’s Fifth District Court of Appeals (“5th DCA”) reversed a condominium association’s final judgment of foreclosure in the recent decision of Rajabi v. Villas at Lakeside Condominium Association, Inc., 45 Fla. L. Weekly D2543a (Fla. November 13, 2020) citing two fatal errors. First, the association misapplied the owner’s payments in breach of Fla. Stat. Section […]
New NC Appellate Case: Williams v Reardon (Covenants and Real Property Marketable Title Act – Part 2
The North Carolina Court of Appeals has once again determined that restrictive covenants are largely extinguished by operation of the Real Property Marketable Title Act (N.C. Gen. Stat. 47B-1 et seq.) if not included in the chain of title in the preceding thirty years. Read the entire article……………………………….
Master Association v. Sub Association – Who Wins? (FL)
Avery interesting case was just decided by Florida’s Second District Court of Appeal. RIVIERA-FORT MYERS MASTER ASSOCIATION, INC., v. GFH INVESTMENTS, LLC. 2020 WL 7767856. To simplify, in a mixed-use community, meaning a community made up of commercial property and residential housing, the Master Association adopted seven amendments to the community’s master declaration. The court […]
Michigan’s Marketable Record Title Act and What it Means to You if You Live in a Condominium or Subdivision
In 2018, the Michigan Legislature amended the Marketable Record Title Act (“MRTA”), MCL 565.101, et seq. Under the MRTA, a person has Under the Act, a person has marketable title to an interest in land if they have an unbroken chain of title to the interest for 40 years (20 years for mineral interests). According […]
$3 million settlement reached in Bella Vista stump dump case, insurance company footing the bill (AR)
Benton County Circuit Judge Brad Karren has approved a $3 million settlement ending a lawsuit over a long burning stump dump fire in Bella Vista. Judge Karren accepted the settlement for the lawsuit filed by Michael and Amie Armstrong against former board members of the Bella Vista Property Owners Association Friday morning Read the entire […]
Judge rules in favor of developer in Bayside suit (DE)
A Delaware Court of Chancery judge has ruled in favor of Freeman Communities in a lawsuit filed by residents of the Bayside community in Selbyville. Vice Chancellor Sam Glasscock ruled that Bayside was a master-planned community and Freeman Communities did not have to turn over majority control of the Bayside Community Association to residents until […]
Seven Bridges Delray Beach Discrimination Lawsuit Continues, New Magistrate Assigned (FL)
The litigation against the Seven Bridges (Delray Beach) Homeowners Association continues, despite a summary judgment entered last week by a federal judge in the $7M claim. Signaling that litigation is not anywhere near over, the Federal Judge overseeing the case just assigned a new “Magistrate” who is responsible for managing settlement talks. That Magistrate, William […]
2021 Legislative Changes Impacting Virginia Community Associations
July 1 means new laws become effective in Virginia. The 2021 legislative session and special sessions were busy and resulted in sweeping changes—many of which impact Virginia community associations. Of significance to property owners’ associations (“POAs”) and condominium associations are the following laws that become effective July 1, 2021: Read the entire article……………………………….
Updated HUD Guidelines Regarding Service and Support Animals and the Reasonable Accommodation……. (WA)
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued long-await updated guidelines to housing authorities, such as condominium associations and homeowners associations, related to service animals, support animals, and reasonable accommodation requests. A reasonable accommodation request is a tool that residents use when seeking accommodation from their housing authority to […]
Oregon SB 329 (Electronic Meetings) Now Law
Today the Governer signed into law SB 329. This bill authorizes Oregon HOAs to continue to conduct electronic meetings, including special meetings of the owners and annual meetings. Read the entire article……………………………….
Oregon Supreme Court Smacks Down Lending Practices That Hurt Community Associations
During the last real estate meltdown one of the biggest problems was that banks who financed purchases of condominiums were not foreclosing and in essence leaving the community association “hanging out to dry.” The State of Oregon addressed these dirty lending practices with some powerful legislation. Read the entire article……………………………….
New laws prompt HOAs to examine – and quickly change – rental restrictions in advance of July 1, 2021 effective date (FL)
Condominiums, cooperatives, and homeowners associations will see many changes to their operations following the new laws borne from Florida’s 2021 legislative session. Among these changes are new laws governing rental restrictions in homeowners associations in Senate Bill 630. The bill, which passed both the House and Senate, is anticipated to be signed into law by […]
Condominiums, Homeowners’ Associations and Bankruptcy: What is an “Automatic Stay” and Other Terms You Need to Know (PA)
In the last installment of this series, I explained that Bankruptcy is a federal law designed to help people who owe money get a fresh start. In this part, I want to explain some terms that are helpful to remember. These are going to be the way that I think of the terms – in […]
Washington Legislative Update
Washington’s most recent legislative session has resulted in several bills that will impact associations. Some have already been signed into law while others have passed both the House and the Senate and are on the Governor’s desk awaiting signature. Below are links to some of the bills that will impact associations in Washington. Read the […]
NC Appellate Case: Executive Office Park of Durham Association, Inc. v Rock (Older Condo Collections)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Executive Office Park of Durham Association, Inc. v. Rock. The decision may impact collections in older condominiums, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. Read the entire article……………………………….
C Investments 2, LLC v Auger (Covenants and Real Property Marketable Title Act) (NC)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in C Investments 2, LLC v Auger. The decision may impact restrictions in planned communities based on the Marketable Title Act, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. Read […]
NC Appellate Case: Belmont Association, Inc. v. Farwig (Solar Panels/ARC)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Belmont Association, Inc. v. Farwig (the first appellate review of North Carolina’s solar law!). The decision may impact the installation of solar panels in planned communities, and is a “published” decision. That means the decision is controlling legal authority and can […]
Do Scrivenor’s Errors Invalidate an HOA Claim of Lien
In Pash v. Mahogany Way Homeowners Association, Inc., Case No. 4D19-3367 (Fla. 4th DCA January 27, 2021), Florida’s Fourth District Court of Appeal recently addressed whether a claim of lien is valid and enforceable if it contained an error in the amount due for unpaid assessments. Read the entire article……………………………….
Judge rules against Stanardsville mayor, another resident, in Dogwood Valley case (VA)
Last month, a judge in the 16th Judicial Circuit upheld a 2019 decision ruling that two Greene County men are personally liable regarding actions taken by a homeowner’s association in Greene. Read the entire article……………………………….
Here Are the New Laws Effective July 1st (FL)
So the Florida Legislature has ended their session and I’m sure everyone wants to know what association laws passed this year. So here we go….. Read the entire article……………………………….
9th Circuit: Federal Foreclosure Bar preempts Nevada HOA law, maintaining Fannie Deed of Trust
On May 5, the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a mortgage servicer in an action asserting claims arising from a homeowners’ association’s (HOA) nonjudicial foreclosure on real property in Nevada. Read the entire article……………………………….
SEVEN BRIDGES DELRAY: Federal Judge Rules In Favor Of HOA, Expect Appeal (FL)
A summary judgment has been issued in the federal housing discrimination case against Seven Bridges in Delray Beach. But the HOA is not in the clear. The judgment isn’t final, an appeal is likely, and state court action in the case is expected. Read the entire article……………………………….
NC Community Association Legislative Update – May 14, 2021
Like everything else during this past year of COVID, the legislative process has also been different. Usually by now in the first year of a new session of the General Assembly, a number of bills that could affect North Carolina HOAs and condominiums would have been introduced. Some would move forward, and some not. In […]
Regalia association scores $18M settlement in construction defects lawsuit (FL)
The Regalia condo association settled its lawsuit alleging a slew of construction and design defects and building code violations at the luxury oceanfront tower for $17.5 million. In 2018, the Regalia on the Ocean Condominium Association sued the developers, architect, general contractor and subcontractors over alleged flaws such as improperly installed pool joints and cracking […]
Ruling Illustrates Perils in Foreclosures of Noncompliance With Documents, Miscalculating Claim of Lien (FL)
The article…….. discusses a recent ruling by the state’s Fourth District Court of Appeal that highlights not only the significance of associations complying with the provisions of their governing documents in foreclosures, but also the implications of a mistake in the calculation of the “assessment amount due” in determining the ultimate validity of an association’s […]