A dilapidated condo complex on the northeast side of Indianapolis is on the hook for half of the receiver fees assessed in its dispute with the city, the Indiana Court of Appeals affirmed Wednesday. Read the entire article……………………………….
Introducing HB 21-1310 – Homeowners’ Association Regulation Of Flags and Signs (CO)
On May 10, 2021, HB 21-1310 was introduced in the House and assigned to the Transportation & Local Government Committee for review. The bill’s main purpose is to broaden protections for homeowners’ “freedom of expression” in common interest communities under the Colorado Common Interest Ownership Act (“CCIOA”) by changing how signs and flags are currently […]
Solar Suits: This Battle In Bennington Touched Off A Tangled Web Of Litigation (VT)
Barnard said Melone goes too far with his litigation. “I don’t think there’s any question that in suing the neighborhood association and individual homeowners in Bennington who were adjacent to his property there, his intent was to cow them and get them to back off from engaging in the public process,” he said. Read the […]
Blink& There Will Be a New Law (NY)
While co-op and condo boards grapple with real-world challenges in their buildings, state legislators have been busy introducing measures purporting to solve problems plaguing this housing sector. Read the entire article……………………………….
Court Rules Condo Developer Improperly Charged Fees for Recreational Facilities (MI)
In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. 353045), the Michigan Court of Appeals ruled that the successor developer of a RV condominium improperly charged the co-owners for fees related to recreational facilities that the developer owned on […]
FHFA Issues RFI on Short-Term Rental Units in Condominium, Cooperative, and Planned Unit Development Projects
The Federal Housing Finance Agency (FHFA) today issued a Request for Input (RFI) on Fannie Mae and Freddie Mac’s (the Enterprises) eligibility requirements for mortgages in condominium (condo), cooperative (co-op), and planned unit development (PUD) projects where a large portion of units are offered for short-term rental (30 days or less) or are used primarily […]
Freeman Communities files counterclaims against class (DE)
Mark Dunkle, attorney for Freeman Communities, filed counterclaims against Nancy Green, a Bayside resident and the lead plaintiff in the class-action suit filed in Delaware Chancery Court. Dunkle claims Green did not follow Bayside’s charter in filing the suit and did not make a reasonable effort to resolve her conflict with the developer prior to […]
Business licenses now necessary for short-term rentals (AL)
Owners of short-term rentals, like those posted on sites like Airbnb, will now have to get a business license to continue operating in Auburn. Read the entire article……………………………….
Washington Courts Reject Owners’ Claim to Own Portion of HOA’s Common Areas
A deck adjacent to a townhome in Kirkland, Washington was rebuilt by a homeowners association in a manner that encroached more than fifty feet into its common areas. The association later discovered that the deck was significantly larger than allowed and gave the owners of the townhome two options Read the entire article……………………………….
Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard
While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an insurer to do more. In Alabama, a failure of the underlying complaint to allege damages falling within the policy’s terms is not […]
Got Retainage in Your Construction Contracts? (CO)
Looks like the Colorado legislature is tackling retainages in commercial contracts. Retainage is a portion of the contract price withheld from a contractor as a way to make sure that the contractor will complete the job properly. Retainage is usually set between 5% and 10%. It is common in public construction projects where state laws […]
Judge denies pleas to shut down Indian Harbor gates (TX)
A visiting judge on Friday denied a request by residents of Indian Harbor for an injunction against security gates at the front entrance that they say cause traffic backups and at times have forced them to call law enforcement because they were denied entry. Read the entire article……………………………….
Handling a Housing Discrimination Complaint (GA)
The Federal Fair Housing Act makes it illegal for housing providers, which includes community associations, to discriminate on the basis of race, color, religion, national origin, sex, familial status, or disability. This is enforced by the U.S. Department of Housing and Urban Development (“HUD”). So, if one believes their rights have been violated by their […]
Recent Changes to the Fair Housing Act Aim to Further Civil Rights in Housing & Employment
This April marks the 53rd anniversary of the Civil Rights Act of 1968 (also known as the Fair Housing Act), which “prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, [and] sex” written by Senator Edward Brooke, the first African American popularly elected to the U.S. Senate. Read […]
Slip and Fall on Sidewalk in Housing Cooperative (MI)
In dismissing a slip and fall case that occurred in a common area, the Michigan Court of Appeals delved into the differences between a housing cooperative and a condominium. Jeffrey-Moise v. Williamsburg Towne Houses Cooperative, Inc., No. 351813, 2021 WL 650475 (Mich. Court of Appeals, approved for publication on April 1, 2021). Read the […]
Federal Efforts Boost Disaster Assistance for Community Associations
Anyone who has lived in or worked with community associations knows that planning and preparation for natural disasters matters. That is why it is encouraging to see policymakers in Washington, D.C., take steps to make disaster recovery less complicated for common interest communities. Read the entire article……………………………….
Virginia law cleared a path for condo owners to install charging stations
As an engineer, Wael Ali is hard-wired to find a way around. While others lament the seemingly impenetrable stone walls of bureaucracy, the northern Virginia condominium owner schemes to rearrange those rocks into a gateway. Read the entire article……………………………….
Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders
The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the Colorado Court of Appeals issued an opinion underscoring the liability that developers and builders face when building “common interest communities” […]
Judge rules woman can keep her Vietnamese pot-bellied pig after legal dispute with HOA (OH)
A Warren County couple that found themselves in a legal dispute because they wanted to keep a pot-bellied pig as a pet received good news on Wednesday after a judge ruled that the Price family can keep Arnold. Read the entire article……………………………….
Elk Point vacation rental lawsuit at Supreme Court (NV)
A fight over allowing vacation home rentals in an exclusive Lake Tahoe community has reached the Nevada Supreme Court. The Elk Point Country Homeowners Association is appealing an injunction issued by District Judge Tod Young that prohibits residents from renting their property. A mediation session has been set for April 27. Read the entire […]
Iowa Supreme Court Brings Common Sense to the Emotional Support Animal Issue
The Supreme Court of Iowa came out with a big decision regarding emotional support animal law that I’m hoping Florida eventually follows as well. Karen Cohen vs. David Clark And 2800-1 LLC. This case involves a tenant with pet allergies who deliberately moved into an apartment building due to its no-pets policy. However, later on, […]
9th Cir. Holds Mortgage-Savings Clause Not Enough to Undo HOA’s Foreclosure Sale
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s grant of summary judgment in favor of the defendant homeowners association in an action brought by the plaintiff mortgagee seeking to set aside the foreclosure sale of real property in Nevada. Read the entire article……………………………….
Florida’s Emotional Support Animal Statute – Part 3
It’s amazing when you think about it……. I get asked questions about emotional support animals all the time. I tell everyone that sometimes I can’t give an answer off the cuff. I would need to know more, it’s not that simple. Well, to prove that point, this is the third week in a row I’m […]
HB21-1229 The Break Down (CO)
A few weeks ago, we let you know that the anticipated CCIOA transparency bill was introduced. We have now had the opportunity to review, digest, and comment upon HB 21-1229, coming in at a mind-blowing 27 pages and with 19 unique sections. Read the entire article……………………………….
Resolving Conflicts of Law Related to Recall Election Timelines in the Wake of SB323 (CA)
Recall elections of individual Board members or of the entire Board are a source of great contention, divide and added expense for HOA’s. Prior to the passage of SB323, which took effect January 1, 2020, recall petitions and elections were already complicated. To add to this complexity, since SB323 became law, some of the Civil […]
Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs
This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others […]
Co-op Board Learns the High Cost of Being Unreasonable (NY)
Co-op boards can reject the sale of an apartment for any or no reason, as long as that rejection is not based on illegal discrimination. There is an exception: when a surviving spouse receives an apartment after the death of his or her spouse. Read the entire article……………………………….
Is your HOA in Compliance with Fair Housing Laws? (MN)
April is National Fair Housing Month. What a great time to review your association’s rules, policies and procedures to make sure you are in compliance with state and national fair housing laws, which prohibit discrimination in housing on the basis of a person’s membership in one or more of the protected classes. Read the entire article……………………………….
Changes to Texas Law Allows for Golf Carts and Most Off-Highway Vehicles to be Operated on Public Roads
Recent changes in Texas law now allow golf carts and most off-highway vehicles to be operated on public roadways. However, their operation is restricted to certain conditions, and there are certain stipulations that have to be met in order to legally do so. For the purposes of this advisory, an “off-highway vehicle” includes ATVs, ROVs, […]
Good News and Bad News for Co-ops and Condos in the New State Budget (NY)
New York State finally has a budget on the table – a big, fat $212 billion budget. So which do you want first, the good news or the bad news? OK, here’s the bad news: for co-op and condo boards anxious about potentially stiff fines beginning in 2024 under the city’s Climate Mobilization Act, a […]
What Do You Mean I Can’t Place the List of Delinquent Homeowners on the Clubhouse Door? (NC)
Whether you are a board member or a property manager for a community association (“Association”), you have probably dealt with owners that fail to pay their assessments, and whose accounts need to be referred for collection. Read the entire article……………………………….
Resolving HOA Enforcement Through Voluntary Compliance
When a homeowner receives a notice of violation from their HOA or condominium, they must decide if they are going to fight it, comply or file an architectural application to receive formal approval. There are many instances when the homeowner can and ought to keep the installed improvement. However, there are other situations in which […]
Sweeping Community Association Legislation Passes Unanimously in Florida Senate, Goes to House for Consideration
Senate Bill 630, a bill that has wide support from community association industry interests across the state, passed the Florida Senate with a unanimous vote of 40 to zero. It will now move to the Florida House of Representatives for consideration. Read the entire article……………………………….
Court Rules Condo Association is Entitled to Attorney’s Fees for Bylaw Violations (MI)
One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents. The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and […]
North Carolina court overturns ruling, says Duck beach access is private
A path to the beach in Duck is on private property and is not a public access, the North Carolina Court of Appeals ruled Tuesday. “All oceanfront lots there are privately owned and have been since before Duck was incorporated in 2002,” the ruling said. Read the entire article……………………………….
Washington Court of Appeals Affirms HOA’s Removal of Gate and Boulders
A homeowners association removed boulders and a gate that two owners had placed in a road easement and assessed those owners for the cost of that removal. When the owners failed to pay that assessment and monthly dues, the association filed a lien foreclosure action. Read the entire article……………………………….
$118,148 In Postjudgment Enforcement And Appellate Fees Affirmed In Favor Of Prevailing Party (CA)
In Locke Management Assn. v. Esch, Case Nos. C087137/C088192 (3d Dist. Apr. 2, 2021) (unpublished), defendant lost a right of first refusal challenge by plaintiff where there were contractual and Davis-Stirling Act fee shifting entitlement provisions. Read the entire article……………………………….
Houston synagogue files federal lawsuit claiming city violating its religious rights (TX)
A synagogue in Houston has filed a federal lawsuit against the city claiming that it is violating its right to free exercise of religion by denying the right to worship in a residential neighborhood. Read the entire article……………………………….
White property owners only? Racist covenants remain on books in Utah, but now there’s a path to fix them
Before building a new home in Holladay, Steve Tachiki glanced over his property records to make sure the changes wouldn’t get him into trouble. On the second page of a housing covenant, he found a different sort of requirement, barring anyone “other than the caucasian race” from owning a home on the property. It was […]
April 1, 2021 Arizona Legislative Update
The Fifty-fifth First Regular Session started on Monday, January 11, 2021 and is scheduled to adjourn on April 24, 2021. It’s been an interesting year at the Arizona Legislature so far! This session has been dominated by adoption of the budget and COVID-19/politically-charged issues. Read the entire article……………………………….
Ruling protects Club West homeowners and course (AZ)
The Superior Court of Arizona – Maricopa County granted a summary judgement “as a matter of law” in favor of Club West Conservancy in its suit against the former Foothills Club West Board for actions it took to assume rights related to the golf course land and to issue related amendments. Read the entire article……………………………….
Ownership of numerous Back Bay, downtown luxury condos hinges on legal action involving Saudi companies, citizens and a murderous crown prince (MA)
A Saudi company that claims it was defrauded of billions of dollars in a scheme by a conniving Saudi citizen and his sons last week filed suit in Suffolk Superior Court to demand it be allowed to seize condos on the 52nd floor of One Dalton Place and at the Mandarin Oriental and Millennium Place […]
What Federal Government Policies on Equity Mean for Community Associations
On January 20, President Joe Biden signed an executive order directing all federal agencies to advance equity. What is equity, and how will the executive order impact community associations? President Biden’s executive order defines equity as “the consistent and systemic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities […]
U.S. Appeals Court Sides With Co-op Boards in Major Discrimination Case (NY)
In a case that has massive implications for co-op boards and landlords, the U.S. Court of Appeals for the Second Circuit has ruled that boards and landlords cannot be held liable under the Fair Housing Act for failing to intervene in race-based harassment between residents. Read the article…………………………………….
Condo World: Problems in the Poconos
Ahhhh, the Poconos of Pennsylvania. The soft rustle of the pine trees on a warm spring night, the smell right after a summer thunderstorm, the soft, powerful, yet soothing sound of a waterfall cascading over timeworn rocks, and the serene lakes stocked with fish and swimmers. So peaceful and rejuvenating. But where there are condos, […]
Condominium Owners Get Access to Association Records (FL)
Florida’s Condominium Act goes a long way to ensure transparency in governance and operation of a condominium association. The earliest version of the Act required associations maintain accounting records in accordance with good accounting practices. Associations were not only required to “balance the books,” but also to keep copies of invoices, receipts and similar documents. […]
Lending updates: Federally backed mortgage rules tighten for condos in vacation areas
New requirements from Fannie Mae and Freddie Mac that went into effect in December and February, respectively, will make it more difficult for condominiums in resort-like communities to secure certain federally backed mortgages, writes The Wall Street Journal. Read the article……………………………..
“They Put Me Through Hell,” Says Homeowner After Contentious Battle with HOA, $33k Settlement (FL)
Community association collections of monthly dues and other monetary obligations from unit owners have been strained by the Covid-19 pandemic. Given that many families are now struggling with lost work and businesses, some associations have cut back on expenses wherever possible and carefully considered their collections options with debtor owners. Read the article………………………………………
Maryland Raises Insurance Deductible Unit Owner Responsibility to $10,000
The Maryland Legislative Action Committee won a great victory for condominiums throughout Maryland in 2020 with the passage of House Bill 108 and Senate Bill 175. Sponsored by Del. Dana Stein (D-Dist 11) and Sen. Chris West (R-Dist 42), these bills served to raise the maximum amount of the master insurance policy deductible that a […]