The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the association was […]
Pro se litigant’s bid to elude HOA fees after tax sale fails on appeal (IN)
A man who bought Morgan County properties at a tax sale that were subject to a homeowners association failed to convince the Indiana Court of Appeals on Tuesday that he was wrongly ordered to pay delinquent association dues. Read the article……………………….
Say What?
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor. Read the article………………………
State Law page back
Sometime in the recent past, the page with all of the various state laws regarding condo’s and HOA’s diappeared off the site. I probably deleted it accidentally, but I like to blame outside forces beyond my control for it going away. However, the page is back and updated.
Many new laws will affect HOAs in 2020 (CA)
In recent weeks Gov. Gavin Newsom signed many bills into law that will affect California HOAs in 2020. Upcoming columns will discuss these new laws in more detail, but here are the items that homeowners associations may wish to know and start preparing for with the coming new year. Read the article………………………………..
Emerging Issues in Planned Community and Condominium Disputes (PA)
From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court,1 Pennsylvania has seen a growing trend in litigation involving unit owners’ associations established under the Pennsylvania Uniform Planned Community Act 2 (the PC Act) and the Pennsylvania Uniform Condominium Act3 (the Condo Act). […]
Reversal: Small claims courts cannot order mediation, ADR (IN)
Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that a judge had dismissed after litigants refused to participate in court-ordered mediation. Read the article………………………..
Short-Term Rentals (ban) Ruled Illegal in Miami Beach, Now What? (FL)
Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]
The ABC’s of DRV’s in Texas
Author’s Note and Disclaimer: This article discusses Texas Property Owners Association (“POA”) Law and pertains to single family residential POA’s in Texas only. Even though a man’s home is his castle, he is still obligated to abide by deed restrictions if that home is in a common interest development encumbered by restrictive covenants. Read the […]
SB 326 Signed! Balconies, Branches, and Builder Defect Actions (CA)
Senate Bill 326 (“SB 326”) was recently enacted by the California Legislature and will take effect January 1, 2020. The bill accomplishes 3 main objectives: 1) it requires associations to conduct mandatory inspections for exterior elevated elements, such as decks, balconies, and walkways; Read the article…………………………
NJ Legislative Action Committee Highlight: Two Foreclosure Reform Bills Become Law
New Jersey Governor Phil Murphy recently signed two foreclosure reform bills into law, designed to shorten the time a house sits vacant so the property’s exterior doesn’t become unsightly and unsafe. These laws are part of a larger package of legislation addressing the foreclosure crisis in New Jersey created to help homeowners keep their homes. […]
What About the Children? HOA Age Restrictions and FHA Proscriptions
Restrictive covenants in homeowners’ associations are not unusual—nearly every community has them. For homeowners, the restrictions are something of a trade-off. You accept a limitation on how you can use your property because, if everyone else in the community does, too, the neighborhood as a whole will be better off. ‘If we all agree to […]
Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal (CA)
In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access to undeveloped parcels of land Millennium had purchased for the purpose of developing residential properties. The undeveloped parcels of land were landlocked and adjacent to a guard-gated […]
Appellate Court Rules on Ambiguous Architectural Restrictions (CA)
The California Court of Appeal recently ruled on the case of Eisen v. Tavangarian (2019) 36 Cal.App.5th 626, which involved a view protection dispute between neighbors. The Plaintiff Homeowners sued the Defendant Homeowners and alleged that Defendants’ remodeling violated several provisions of the HOA’s CC&Rs. Read the article…………………….
The Current State of Solar Laws for Homeowners Associations in North Carolina – 2019 Update
For years North Carolina has followed the national trend of promoting and encouraging green technology and cleaner and more efficient ways of producing energy. For homeowners associations, the trend has been for state legislatures to create laws allowing installation of solar collectors, regardless of what the HOA may say. Some states have required HOAs to […]
Marriott opposes $2.6M settlement between Ritz owners, Aspen condo association (CO)
The Aspen Highlands Condominium Association and timeshare owners at the Ritz-Carlton Club have reached a $2.6 million settlement agreement over a disputed affiliation with Marriott Vacation Club Destinations, but not if the hotel giant can help it. Read the article……………………..
Condos and the Federal Housing Administration: Breaking Down Changes to FHA-insured Mortgage Requirements
On August 15, the U.S. Department of Housing and Urban Development (HUD) released a revision to long-burdensome regulations on FHA-insured mortgages for condominium homeownership. The changes are scheduled to go in to effect on October 15, 2019. Read the article………………
The Secretary of State and Your HOA: How to Remain in Good Standing
Nearly all states require that HOAs organized as non-profit corporations file an annual report to the Secretary of State. Failure to do so can result in an association losing certain rights. Knowing what to file, when to file it, and whose responsibility it is to file are all vital to ensuring the association remains in […]
Reversal: Homeowner cannot withhold HOA fees in protest (IN)
An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay. In Feather Trace Homeowners Association, Inc. v. Donald R. Luster, 19A-SC-300, Donald Luster objected to paying his homeowner association fees because of the […]
Racist rule found in old Evansville HOA restrictions (IN)
Buying a new home may be one of the greatest accomplishments in life. But a young woman in Evansville recently uncovered an ugly past just after closing on her first place. One line in the old neighborhood rules says she is not allowed. Read the article………………………..
“Charging Excessive Fees Could Spell Big Trouble,” FLCA
Condominium associations are limited by statute on the amount of fees which can be charged in connection with the transfer of a unit. An association in Miami just learned this lesson the hard way. Read the article……………………
2019 Florida Legislative Update for Condominium and Homeowner Associations (FL)
There were not any major changes during the past session as lawmakers passed about 10 percent of bills that were filed. However, there were two noteworthy legislative updates to Chapters 718/720 which impact Florida’s Condominium and Homeowner Associations that went into effect July 1, 2019. Read the article……………………..
Fourth Court of Appeals denies motion to withhold finances (TX)
The La Bota homeowners Association was ordered by District Judge Joe Lopez to release all financial information including expenses regarding association fees. However, the association fought that ruling by filing an appeal with the Fourth Court of Appeals. Read the article……………………….
Brooklyn condo discriminated against people with disabilities, HUD alleges (NY)
The U.S. Department of Housing and Urban Development announced charges Monday against developers and architects of a Brooklyn condominium that allegedly discriminated against people with disabilities. The charges name Toll Brothers, Greenberg Farrow Architecture and others involved with the design and construction of North 8 Condominium — a 40-unit residence in Williamsburg. Read the […]
The bizarre story of Campbell Lake, the private lake that isn’t (AK)
It all started because Alaska Landmine Creative Director Paxson Woelber just wanted to go packrafting: “A couple years ago, a friend and I set out to float Campbell Creek. We dropped a car at the cul-de-sac on Canary Drive, right where the creek enters Campbell Lake. As we were trying to drive away, a resident […]
How HOAs Can Address Marijuana Legalization in Illinois
The legalization of marijuana in the State of Illinois as of January 1, 2020 is a hot topic, and it will affect many aspects of living in Chicago. Not surprisingly, it could also affect building operations, and many HOAs are discussing how to address these changes. The main thing HOAs may be concerned about is […]
City Council vote gives more power to condo owners who want to keep homes (IL)
A trend of turning Chicago condos into rental units may slow down after a Wednesday vote by the City Council gives more power to condo owners who want to keep their homes. Condo owners will need to persuade more of their neighbors to sell all the units in a building to a developer under an […]
State Lifts Cap on Application Fees for Co-ops and Condos (NY)
The pushback against the Housing Stability and Tenant Protection Act has begun. And for co-op boards, it has produced its first burst of good news. The New York Department of State has just issued a Guidance for Real Estate Professionals that addresses one of the law’s numerous provisions that had infuriated many co-op boards and […]
US District Court Rules that Prior Recorded Condominium Lien takes Priority Over Federal Tax Lien to the Extent of the Amount Stated in the Lien Notice (MI)
In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. Read the article………………………..
One HOA rule requires real estate agents to break state law (SC)
Frustration and confusion are just a few of the feelings realtor Rod Smith feels as he stands in a room filled with ‘for sale’ signs. All the signs are individually customized for different homeowners associations. Read the article…………………………
Hollister Ranch Access Bill Approved by State Assembly, Sits on Governor’s Desk (CA)
Santa Barbara Assemblywoman Monique Limón’s bill to allow public access on the beaches of Hollister Ranch passed the state legislature this week with strong bipartisan support, and awaits the governor’s signature. Read the article……………………..
New Legislation Impacting Florida Construction Defect Litigation
Section 624.1055, Florida Statutes, is part of the recent Omnibus Insurance Bill, HB 301: Contribution Rights Among Insurance Carriers. This new legislation impacts those involved in Florida construction defection litigation and applies to claims, suits or other actions initiated after January 1, 2020. Read the article……………………..
New Assistance Animal Integrity Act Clarifies Requirements for Assistance Animals in Condominiums and Other Illinois Residential Housing
A new Illinois law that will take effect on January 1, 2020, will help condominium associations and other housing providers evaluate requests for emotional support animals and other assistance animals. Read the article………………………….
Australia: Are You Speaking Legalese? – The Need for Easily Understandable Bylaws
For instructions to be followed, they need to easily understood, likewise, we believe by-laws should use language and a structure which is immediately apparent and understandable, avoiding the use of legal jargon or overly complicated terms and phrases known as legalese. Read the article…………………………
I Have to Ask: Being Special in a Special District
Laura Savage is a local government employee, but not in the traditional sense. She’s the Assistant to the District Manager. Hmm… that sounds like something legitimate, but if you’re like me it doesn’t quite stick the landing. That’s because she works, lives, plays, and raises her family in a special district, which is not exactly […]
Illegal Rentals Might Mean Jail Time (FL)
Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]
Recent South Carolina Solar Law and What it Means for Your HOA
A South Carolina solar bill that was signed into law by Governor Henry McMaster in May this year might have impacts on your homeowners association by increasing the number of property owners looking to install some sort of solar technology on their property. Since most HOAs have architectural approval procedures for changes to properties, that […]
Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure (FL)
The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner. Having found that the joint […]
Section 15 Deconversion Sales: Legal Challenges & Legal Duties of the Board of Directors (IL)
We are now more than three years into the condominium deconversion wave that took the Chicagoland real estate industry by surprise in 2015. While deconversions may appear to be commonplace, so are the challenges to these unique large sale transactions. Read the article………………
HOA Dispute Over Backyard Playset, Other Amenities Snowballs Into Federal Lawsuit
As was chronicled in a recent article in the Gainesville Times newspaper, Martin Moreira and his wife Zulema filed suit against the Pointe West Homeowner’s Association after their plans for a backyard makeover were nixed by the association. They filed the discrimination complaint in federal court in April after the HOA had issued fines and […]
Adams Stirling Law Firm In Los Angeles Has An Excellent Summary Of Fee Shifting Provisions With Respect To HOA And Davis-Stirling Act Issues (CA)
We would like to thank Adams Stirling, a Los Angeles law firm specializing in HOA issues, for its excellent summary of HOA and Davis-Stirling Act fees issues and case law, which we post verbatim below and which can be found on its Website. We would note that the firm is headed by Adrian Adams and […]
Association Document Handling – Avoids Court Sanctions But Leaves Serious Concerns (NY)
The cooperative at 118 East 60th Street in Manhattan got lucky. Its books and records including alteration records were maintained at its management firm’s office – Matthew Adam Properties. When sued, the cooperative and management was demanded to turn over alteration records but was unable to do so because of water damage at management’s office. […]
‘This loan was not normal’: Chinese nationals who invested in Vail condo project sue developer, lender (CO)
Condo project Solaris claims on its website to be “Vail’s premier address.” But 13 Chinese nationals who put up millions toward the project see it somewhat differently, saying they invested in “a Roach Motel designed to extract value from foreigners.” The phrase appears in a lawsuit filed by the individuals Wednesday against Solaris developer Peter […]
6th Circuit: Collection fee authorized under contractual agreement did not violate FDCPA
On August 21, the U.S. Court of Appeals for the 6th Circuit affirmed a district court’s determination that a collection fee charged by a debt collector seeking to recover past due homeowner’s association fees was expressly authorized by a contractual agreement and did not violate the FDCPA. Read the article…………………………
Recent HOA Case a Good Reminder in North Carolina & South Carolina
At Black, Slaughter & Black we keep track of legal trends and recent case law that impacts our HOA and condo clients. Although it is a case out of Virginia, the decision in Sainani v. Belmont Glen Homeowners Association, Inc. highlights three important themes that HOAs in North Carolina and South Carolina should be aware […]
Richardson v. Huntington Pacific Beach House Condominium Assoc. (CA)
This case arises out of a dispute between the homeowners association of a beachfront condominium complex and three owners of six units in that complex. Condominium owners Dan Richardson, Andrea Richardson, and Judith Carter (collectively Respondents) sought injunctive relief in the form of an order directing the Board of Directors of the Huntington Pacific Beach […]
Legislative Update: Texas House Bill 1025
Recently, we published an update to the 2019 Texas Legislative Session. One of the outcomes of that session was the passing of House Bill 1025. So, how does this affect association board members and homeowners? Let’s recap the two components to this bill: Read the article……………………..
Defendant Condo Owner Voluntarily Dismissed From Suit Against HOA And Condo Owner By Other Condo Owners Before Trial Improperly Denied Fee Recovery Under Both Davis-Stirling Act And Code Of Civil Procedure Section 1032(a)(4) (CA)
Fee entitlement and prevailing party determinations often are matters of law, as they were here where the pleadings and facts made a reversal of a fee denial – something which was directed by our local Santa Ana appellate court in Richardson v. Stevenson, Case No. G056112 (4th Dist., Div. 3 Aug. 26, 2019) (unpublished). Read […]
1980 — still crankin’ out the hits…and the case law! (FL)
Do you remember the 80’s? I sure do, Blondie sang Call Me and The Empire Strikes Back came out and we learned that Darth Vader was Luke’s father (still unbelievable nearly 40 years later)! More importantly, the First District Court of Appeal remembers the 80’s and recently referred to a decision it handed down in […]