The Illinois Homeowners’ Energy Policy Statement Act, 765 ILCS 165/1, et seq., governs the installation of solar panels in Illinois homeowners associations, common interest community associations, and condominium associations. This article will provide critical guidance to community association board members on how to comply with the Homeowners Energy Policy Statement Act and adopt a solar […]
Illinois Native Homeowner’s Landscaping Act: Impact on Community Associations
The Native Homeowner’s Landscaping Act (formally known as House Bill 5296) is a legislative measure that significantly impacts homeowners and community associations across the State of Illinois. The bill was signed into law by Governor J.B. Pritzker on July 19, 2024. This law aims to promote biodiversity and environmental sustainability by allowing homeowners to plant […]
City Issues Guide for Co-ops and Condos to Comply With Local Law 97 (NY)
Local Law 97 went into effect at the beginning of this year, and co-ops and condos that are not already in compliance must file their first reports by May 1, 2025. To help boards understand how they can bring their buildings’ carbon emissions under the allotted cap, the Department of Buildings (DOB) has released a […]
New Board Member Education Requirements Will Bring Mandatory Courses (FL)
For those who live in communities with associations, serving as a director provides one of the most impactful opportunities they will ever have in their entire lifetime to volunteer to serve for the betterment of the place they call home. Association board/committee service is much like a civic duty, as these volunteers provide for the […]
2024 HOA Law Changes Explored (FL)
Today’s column is the sixth installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on fines by HOA’s and new regulations on pickup trucks. Read the article…………………………….
Homeowners associations in Missouri can no longer ban backyard chickens
“I’m not real sympathetic to the HOA cause here,” Murphy said. “And frankly, if the city wants to ban chickens, that bill allows the city to do it, allows the county to do it. It just doesn’t allow these small groups of people that arbitrarily decide, ‘Well, not in my neighborhood,’ to do it.” Read […]
Homeowner Sues Condo Association Over Negligence Leading To Property Damage (FL)
A homeowner’s association is facing a lawsuit over alleged negligence that resulted in significant property damage. Sandra Berry filed a complaint against Hidden Bay Villas Association, Inc. in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on July 31, 2024. Read the article…………………………….
More default notices jolt troubled San Jose residential highrise (CA)
New defaults for delinquent homeowners association dues have engulfed a troubled downtown San Jose housing tower that faces multiple legal entanglements. Litigation and real estate woes have engulfed the western high-rise of a two-tower residential complex at 188 West St. James Street — an eye-catching addition to the San Jose skyline that commands a prime […]
Florida Insurer Can’t Object to Appraiser After the Award Is Decided, 11th Circuit Says
If a property insurer is going to object to an appraisal panel member’s fee arrangement, it must do so early in the process – not after the panel provides an unfavorable, multimillion-dollar appraisal award. Read the article…………………………….
Understanding the Corporate Transparency Act: A Guide for HOA Board Members
The Corporate Transparency Act (CTA) is a significant piece of legislation that aims to combat illicit activities such as fraud, money laundering, and the financing of terrorism. Enacted in 2021, the CTA mandates that (almost all) Homeowners Associations (HOAs) and other small businesses disclose information about their beneficial owners. Read the article…………………………….
Appellate Division Confirms That Age-Related Ownership Restrictions Are Unlawful (NJ)
Many New Jersey age-restricted communities, particularly those in South Jersey, have provisions in their declarations or master deeds that restrict ownership of a home to persons 55 and older or in some cases to 62 years of age and older. Those governing document provisions also require that the home must be occupied by at least […]
Michigan Supreme Court Opinion and Co-owner Premises Liability Claims Against Condominium Associations
On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a co-owner of a condominium unit can bring a premises liability action against the condominium association. Condominium […]
Gov. Green signs emergency proclamation to address condo insurance crisis (HI)
Gov. Josh Green, M.D., signed an emergency proclamation on Wednesday aimed at stabilizing Hawai‘i’s volatile condominium insurance market, which he said has seen unprecedented rate increases due to a hardening global insurance industry and recent increase of catastrophic events around the world. Hawai‘i’s property insurance market faces significant challenges due to its small size, high […]
Conveying the Common Elements: What you need to know (NC)
It doesn’t really come up often, but there are times when the Association may want to convey some portion of their common elements to a third party. There could be various reasons for this, including but not limited to, a land swap with a neighboring community, changing Lot boundaries, as part of a negotiation in […]
Accident Lawsuits Highlight Potential Liabilities of Negligent Maintenance for Community Associations
The article focuses on three recent lawsuits in Palm Beach County Circuit Court involving an electric scooter accident and two falls, one on the deck at a community pool and the other on a sidewalk. It discusses how Florida community associations must exercise reasonable care in maintaining their properties and taking necessary precautions to prevent […]
Corporate Transparency Act Update: What You Need to Know
Here are the latest developments regarding the Corporate Transparency Act and how it might impact community associations. As many of you are aware, the CTA mandates that business entities in the U.S. report the identities of their beneficial owners to the Financial Crimes Enforcement Network. For community associations, beneficial owners are the volunteers serving on […]
$4.7M Awarded To Berkeley Beach Condo Owners After Seizure Of Dunes (NJ)
The New Jersey Department of Environmental Protection offered the Midway Beach Condominium Association $500 to take their beachfront property. Now, the DEP will pay them $4.7 million after a trial ruled in the condo owners’ favor. Read the article…………………………….
IL HB5296 (IL)
Creates the Homeowners’ Native Landscaping Act. Provides that an association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident’s or owner’s lawn, with certain requirements. Provides for an Association to be able to adopt reasonable rules and regulations governing native landscapes, with certain requirements. Defines terms. Effective […]
Do the new HOA and Condominium laws apply to your Association? (FL)
The Florida legislature had a very busy session earlier this year, passing some far-reaching Bills related to residential Owners Associations, HB-1203 for HOAs and HB-1021 for Condominiums. The Governor signed them into law in time for their effective date of July 1, so we now have notable changes in the laws regulating HOAs and Condominiums […]
Plaintiffs accuse Condominium Association Board Members in Prolonged Legal Battle (IL)
A protracted legal battle among residents of a Wilmette condominium building has culminated in significant sanctions against one unit owner and his attorney. The Appellate Court of Illinois, First District, affirmed the Circuit Court’s decision to impose monetary penalties for what was deemed abusive litigation tactics. Read the article…………………………….
Supreme Court battle over Harris Ranch could shift the way Idaho taxes growth. Here’s how (ID)
After years of fighting, the pieces are set for a $22 million Idaho Supreme Court battle involving a group of Boise residents, a special Boise taxing district and a local real estate developer…….The group, the Harris Ranch CID Taxpayers’ Association, argues that the taxing district in Boise’s Harris Ranch community is unlawful and unfair. CID […]
Carlsbad bans smoking in all apartments, condos (CA)
Starting next year, all smokers, vapers or marijuana users living in rental housing units in the city of Carlsbad will need to look outside their home to light up. The new city law, which was passed earlier this week and is set to take effect on Jan. 1, 2025, bars any smoking activity in and […]
Indemnification of Board Member-Plaintiffs Must Be Expressly Stated, NJ Supreme Court Says
The case revolves around a dispute between Patrick Boyle, a trustee and unit owner of the Ocean Club Condominium (OC Condominium), and the Ocean Club Condominium Association (Association). After a disagreement over the Association’s financial management, the Board of Trustees (Board) expelled Boyle. Boyle filed a complaint challenging his removal and sought indemnification for his […]
New Laws to Protect Homeowners in Metro Districts, Prevent HOA Foreclosures Go Into Effect (CO)
wo new laws go into effect on August 7. HB24-1267 creates clear policies and procedures for metropolitan districts to abide by, improving accountability and consistency when enforcing their policies on homeowners. HB24-1337 protects homeowners’ association (HOA) residents against having to pay excessive attorney fees that can result from enforcement actions against unit owners and creates […]
Colorado Supreme Court shoots down condo association’s lawsuit against Aspen for construction defects
The Colorado Supreme Court clarified on Monday that litigants may not use a judicial doctrine focused on breaches of contract to sue municipalities for negligently constructed housing, effectively sidestepping the broad immunity state law provides to government entities. Read the article…………………………….
Ocean County condo owners get $4.7M after NJ only offered $500 to seize their sand dunes
The New Jersey Department of Environmental Protection must pay $4.7 million to Midway Beach Condominium Association, after an Ocean County jury ruled July 26 ruled the group was not properly compensated for the state’s taking of beachfront property for a dune construction project. Read the article…………………………….
The Attorney-Client Privilege: What Associations Should Know (CO)
Regardless of the type, size, or location of a community, associations face legal issues that require them to seek legal advice. When an association reaches out to its attorney for advice, the information provided, and the actual communication providing such information, is considered attorney-client privileged. The attorney-client privilege is a common law doctrine, going back […]
Plaintiff alleges The Lauriedale Homeowners Association liable for injury due to defective sidewalk (CA)
A protracted legal battle involving a defective sidewalk and alleged injuries has reached a pivotal moment. Elizabeth Karnazes filed a complaint against The Lauriedale Homeowners Association in the Superior Court of San Francisco City & County on July 23, 2024, after she reportedly tripped on a defective sidewalk in 2017. Read the article…………………………….
CT Supreme Court rules high end beach community can’t stop homeowner renting to transient guests
A divided state Supreme Court took up the question of short term home rentals Monday, concluding that zoning regulations adopted by a high end Connecticut beach community cannot stop the owner of a waterfront property there from renting it to transient guests for weekends over the online vacation site Vrbo. Read the article…………………………….
2024 Legislative Review Continues (FL)
Today’s column is the fourth installment of our review of 2024 legislation affecting Florida community associations. The first three pieces dealt with changes to the condominium statutes. Today we will wrap up the discussion on changes to the condominium statutes and cover some major changes made to the laws regulating community association managers and management […]
4 changes Fannie and Freddie have made on condo building policy
Three years after a condominium building collapsed in Surfside, Florida, killing 98 people, policies have changed regarding the safety of condo buildings — as well as mortgage lending for residents within these buildings. Fannie Mae and Freddie Mac have both updated policies, especially as condo living is on the rise due to a recent lack […]
NJ condo discriminated against (resident) with disabilities, state says
In Bergen County, a resident of the Saddle River Estates condominium complex filed a complaint against the condo association and its management company, One Madison Management Corp., for discrimination, the state said. The resident, who has a disability, asked to keep his car in his assigned parking space during snowstorms for easier access to his […]
A court decision worries developers eyeing Florida’s aging condos
In Miami’s Edgewater neighborhood, many older buildings have been torn down and replaced by new gleaming high-rise condominiums. But on a prime waterfront spot in the neighborhood, there’s an older building that’s now vacant. Read the article…………………………….
Tennessee HOA back in court over Airbnb decision, voting fraud allegation on Lone Mountain
When a Claiborne County judge ruled in March the covenants of a Norris Lake neighborhood were too ambiguous for its homeowners association to ban short-term vacation rentals like Airbnb, it seemed like a years-long dispute might end. But in Lone Mountain Shores, the divide between neighbors who want the rentals and those who don’t is […]
A Legislative Fix for Virginia Community Associations After Palisades Park
The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76 Va. App. 577 (2023). This legislative change ensures community associations can collect fees from residents for the association’s contractual or legal obligations […]
Florida homeowners challenge HOA rules amidst new laws and legal uncertainty
Homeowners associations are everywhere in Florida, and there is no shortage of opinions about what they do and the power they wield. From limits on street or even driveway parking to restrictions on landscaping and even the color scheme of your home. For a long time, HOAs have had broad powers to enforce and even […]
New California law adds more experts to HOAs balcony inspection list
A new law signed recently in Sacramento will expand the field of experts eligible to inspect balconies or “exterior elevated elements” at California homeowners associations. Civil Code Section 5551 requires that all HOAs inspect elevated elements by Dec. 31, 2024. That statute requires the inspection to be conducted by a licensed architect or structural engineer, […]
Jury awards $9 million to disabled tenant who was denied parking at luxury condos (CA)
A federal jury in Los Angeles decided Thursday that a disabled Long Beach woman was owed $9.25 million in damages after they found she was for years systematically denied an accessible parking space at her beachfront condominium. Read the article…………………………….
Squatter gets 40 years for illegally taking over Panama City Beach condo in Florida
A squatter who illegally took over a condo in Florida has been sentenced to 40 years in prison. Olandis Hobbs, 37 was sentenced on Tuesday after being found guilty earlier this month of using false documents to take ownership of an approximately $700,000 condo in the Panama City Beach area, according to the State Attorney’s […]
Florida Gov. Ron DeSantis says special session to fix condo law is up to Legislature
As condominium owners throughout the state face significant hikes in their homeowner association assessments, Florida Gov. Ron DeSantis said it’s up to the Legislature to convene a special session to fix the law that spurred the increases. “If the Legislature has ideas about how to make this more sensible for people, I’m totally open to […]
HB 1203—Changes to the Homeowners’ Association Act
It seems that every year we can count on the Florida legislature making additional changes to the Homeowners’ Association Act (“HOA Act”), and the 2024 legislative session was no different. One of the HOA bills adopted by the legislature is HB 1203. The bill was formally sent to the governor on May 21, 2024. As […]
2024 State Community Association Advocacy Successes
Every fall, CAI surveys hundreds of legislative action committee members to evaluate potential state legislative policy trends. The predicted 2024 policy issues include reserve studies and funding, foreclosures and fining authority, board member education, manager licensing, environmental sustainability, and risk management and insurance. Read the article…………………………….
New Law Limits Community Associations’ Authority to Deny Heat Pump Applications (WA)
A new state law concerning heat pumps took effect last month. Community associations in Washington state may not effectively prohibit or unreasonably restrict owners from installing heat pumps in compliance with the new law’s requirements. However, those associations may impose reasonable restrictions on heat pump installations and require owners to submit applications for approval of […]
SB 326 (the “Balcony Bill”) (CA)
More Inspectors. SB 326 (the “Balcony Bill”) passed almost five (5!) years ago, requiring associations with residential buildings that have three or more units to have their wooden “exterior elevated elements” inspected by a licensed architect or structural engineer prior to January 1, 2025. Many associations have not completed this work, some citing inadequate availability […]
HB 5028 Passes: A Michigan HOAs’ Guide to Solar Panels and Energy-Saving Improvements under the Homeowners’ Energy Policy Act
The Michigan legislature recently enacted the Homeowners’ Energy Policy Act, 2024 PA 68, which imposes new requirements on Michigan homeowners associations with respect to installing solar panels and other energy-saving improvements. The Homeowners’ Energy Policy Act, MCL 559.301 et. seq. will prevent homeowners associations from completely banning solar panels and other energy-saving devices when it […]
An HOA CAUTIONARY TALE – Insurance And Going Around The Board (CA)
Shawna Pina was unhappy that the board did not comply with demands that her worn roof shingles be replaced. Contacted Insurance. Even though her roof was not leaking, she went around the board, contacted the association’s insurer, and complained that the board was negligently maintaining her roof. The insurance company subsequently canceled the association’s policy. […]
Plaintiff alleges negligence by condominium association after Airbnb stay leads to injury (FL)
A recent court filing reveals a dramatic legal battle unfolding in Pinellas County, Florida. On July 11, 2024, Christopher Barling filed a complaint against Dockside Condominium Association Clearwater Beach, Inc., alleging negligence that led to his injury while staying at one of their properties. Read the article…………………………….
HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles (FL)
A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community. However, the Florida Legislature recently amended Florida Statute, Chapter 720 through House Bill 1203 (2024) and revised Section 720.3075(3) Read the article…………………………….
2024 Legal Update: Interim Clarifications, Corrections for HOA & Condominium Board Members & Managers (FL)
The purpose of this interim short article is to clarify: i) homeowners’ association versus condominium association board member certification and continuing education requirements; ii) provide greater clarity regarding condominium association hurricane protection requirements; Read the article…………………………….
Judge orders Horseshoe Bay Resort to release $195K to POA (TX)
Horseshoe Bay Resort to release about $195,000 in dues paid to its maintenance fund to the Horseshoe Bay Property Owners’ Association. “The Court finds that Defendant Horseshoe Bay Maintenance Fund has withheld funds contractually owed to Plaintiff Horseshoe Bay (Property) Owners Association,” retired Judge Frank Griffin of the Brown County Court of Law wrote in […]