December is here and at the end of this month, an important deadline hits: Florida condominiums built before 1992 will be out of time to complete a milestone inspection of their structural integrity. They also need to provide a complete accounting of their cash reserves. All of this comes in response to the tragedy in […]
HOA Working Group to Meet Thursday in Maple Grove (MN)
The Minnesota Legislative Coordinating Commission will take public testimony in a talking session with the Working Group on Common Interest Communities (CIC) and Homeowners Associations (HOA)…..The purpose of the legislative working group is to study the prevalence and impact of CICs and HOAs in Minnesota and how the existing laws regulating CICs and HOAs are […]
‘State law forces huge condo increases’ (MD)
In 2001, the collapse of a tower in Florida prompted a wave of state legislatures to pass laws designed to improve the stability of condominium buildings. The Maryland General Assembly was part of this trend, passing legislation during the 2022 session that might have had good intentions, but has now triggered large rate increases for […]
The Fordune Association vs. Houtenbos: A Cautionary Tale on Enforcing Restrictions and Corporate Purpose
A member of Fordune Association expressed her concern to the Board that a home was being constructed within the HOA neighborhood that did not conform to the architectural requirements laid out in the Association’s governing documents. The Board chose not to enforce the restrictions on the developing home without any discretionary authority to do so […]
Homes vs. beaches: Court makes key decision in battle over California seawall construction amid ocean rise
In 2016, a severe storm caused 20 feet of bluffs to collapse into the ocean in front of Casa Mira, a complex of 10 townhouses on Mirada Road that’s 2 miles north of Half Moon Bay. Worried their homes were in imminent danger, the owners obtained an emergency permit from the Coastal Commission to place […]
Condo Boards Likely Safe From Corporate Transparency Law (MA)
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled. In a written decision Friday, U.S. District Judge Leo T. Sorokin dismissed a June complaint by the Trustees of the Lewis Wharf Condominium Trust seeking to block enforcement of the Corporate Transparency Act, noting […]
765 ILCS 160/1-20: How to Amend the Declaration of an Illinois Common Interest Community Association
The declaration of an Illinois common interest community association governs the administration and functioning of a common interest community association. Common interest communities in Illinois are governed by the Illinois Common Interest Community Association Act. The Common Interest Community Association Act was enacted in 2010 and has undergone a few amendments since its inception. Many […]
Co-ops Face Critical Deadline for Compliance with Corporate Transparency Act (NY)
The clock is ticking for board directors as they face a critical Jan. 1, 2025, deadline to comply with the Corporate Transparency Act (CTA). Enacted in 2021, the CTA requires specific U.S. businesses to file beneficial ownership information with the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) as part of an effort to […]
Possible agreement met in lawsuit over Prescott Preserve in Palm Springs (CA)
After eight hours of mediation, Oswit Land Trust founder Jane Garrison reports an ‘agreement in principle’ has been reached between the Trust and and Mesquite Country Club Homeowners Association. The parties to the lawsuit had spent two years in litigation – with Oswit Land Trust envisioning a 180-acre wildlife sanctuary called Prescott Preserve, and Mesquite […]
Condo Column: Legislative changes – 2024 – Part I (NH)
In 2016 the Legislature amended the section of the Condominium Act that deals with proxies, creating a “directed” proxy. But they did not define what it meant, leading to some confusion. In 2024 they defined it. Read the article…………………………….
Insurer Says Pollution Exclusion Sinks Coverage for Pool Chemical Injuries (VA)
A commercial general liability policy with a pollution exclusion does not protect a Virginia homeowners association from lawsuits filed by swimmers alleging they were injured by chemicals discharged into the community pool. Read the article…………………………….
Condominium owners turn to increasingly complex lawsuits in push for building renovations
As condominium developers add more amenities to their buildings to win over buyers, disputes over repairs are becoming increasingly complex, and can lead to lawsuits. The condo life can be a much different setup than those who live in a single-family home. Condo owners largely have control of the units they own within a building […]
Landlords Have Duty to Repair Apparent Dangerous Conditions in Tenants’ Residences (FL)
The decision in late September by the state’s Second District Court of Appeal adds clarity to the application of this state law that is vital to public safety. It stems from a lawsuit brought by Geraldo Perez, who together with his wife in June 2018 began renting and residing in a unit owned by the […]
Community Association Loans and the Corporate Transparency Act (IL)
Condominium, homeowners (HOA), and townhome community associations occasionally rely on loans to fund significant capital improvements and property renovations. These loans can help associations undertake major community projects, Read the article…………………………….
Lexington Place Condo Association v. Flint – A Cautionary Tale on Condominium Governing Documents
The Lexington Place Condominium Association Board (the “Association”) removed an existing dog park and wallyball court from the community without a vote of the owners. The Board also created a new rule restricting pet ownership in the Association without a vote of the owners. The owners thought this violated their rights and the Association thought […]
New Year, New Rules: Navigating Illinois’ 2025 Accessible Parking Mandate for Condos
A substantial change is on its way for Illinois Condominium Associations beginning January 1, 2025. This is a new transformative approach to accessible parking for residents with disabilities. Here is what the new rule means and why it matters: Beginning January 1, 2025, the Illinois Condominium Property Act (ICPA) will have new guidelines requiring accessible […]
Seventh Circuit Court of Appeals Holds Community Association Not Liable for Discriminatory Remarks Made by Board President (IL)
Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also comply with the Illinois Human Rights Act which prohibits discrimination against any […]
Judge Allows Santa Monica to Cross Complain Against HOA in Flooding Suit (CA)
A judge has granted the city of Santa Monica’s motion to file a cross-complaint against a homeowners association that is a spinoff of a lawsuit brought against the city by a condominium owner and his tenant, who both allege the municipality’s negligence caused a sewage backup in the home. Read the article…………………………….
Florida’s new legislative leadership says no to special session on condo crisis
Florida’s new legislative leadership shot down speculation of a special session to address an affordability crisis among condo owners, despite urging from Gov. Ron DeSantis for one to be convened by the end of the year. The crisis was largely sparked by a series of changes OK’d by the state after the deadly June 2021 […]
My Safe Florida Condo gets mixed reactions as pilot program rolls out
The condo version of the My Safe Florida Home program is now officially up and running, open to condo associations for grants to make storm-related improvements. “There’s a very overwhelming concern and understanding that we need to make people be safe and feel safe,” state Rep. Peggy Gossett Seidman, R-Highland Beach, said. Read the article…………………………….
FinCEN Extends CTA Reporting Deadlines for Hurricane-Affected Businesses (FL)
The Financial Crimes Enforcement Network (FinCEN) has announced a six-month extension for certain businesses impacted by recent hurricanes to file their beneficial ownership information (BOI) reports under the Corporate Transparency Act (CTA). Read the article…………………………….
Deciphering the Election by Acclamation Process: A Sample Timeline (CA)
As you may know, the State revised Civil Code § 5103 and created a process allowing for a Board election by acclamation. Election by acclamation allows an association to skip the final ballot process in an uncontested election when the number of candidates is equal to or less than the number of seats available by […]
Maryland Community Association Law – Key Legislative Updates for 2025
Starting October 1, 2024, seven legislative bills changed Maryland Community Association Law for condominiums (“condos”), homeowners associations (“HOAs”) and cooperative housing corporations (“Co-ops”). Here’s a summary of these bills: Read the article…………………………….
Corporate Transparency Act Update (FL)
A recent update from the United States Department of Treasury, Financial Crimes Enforcement Network (FinCen) provides an extension of time to comply with the requirements of the Corporate Transparency Act for the initial reporting deadlines but there are strict requirements regarding the applicability of the extension as discussed below. Read the article…………………………….
VOCA rejects Superior, Supreme Court decisions on STR ban (AZ)
Following the Arizona Supreme Court’s rejection of the Village of Oakcreek Association’s short-term rental ban, which upheld the previous rulings of the Yavapai County Superior Court and the Arizona Court of Appeals, the homeowners’ association has announced that it does not intend to abide by the courts’ decisions and will continue to enforce its short-term […]
$600K HOA fees class action settlement (MD)
A $600,000 class action settlement resolves allegations that Small Community Specialists, Associations Inc. and HOAM Ventures charged Maryland consumers fees to make online payments for homeowners association dues and other expenses. The HOA fees settlement benefits Maryland consumers who paid a fee to Small Community Specialists, Associations Inc. and HOAM Ventures for HOA dues, condominium […]
Overland Park takes aim at getting rid of racist property records (KS)
Overland Park has started the legal process of removing historically racist deed restrictions on residential property records in older parts of the city. A century ago, racist covenants barred Black and Jewish people from owning homes in some communities but haven’t been enforceable for decades. Still, the offensive language has remained on property records like […]
Launch of the My Safe Florida Condominium Pilot Program
After months of anticipation, the My Safe Florida Condominium Pilot Program (the “Program”) is set to launch tomorrow, November 14, 2024. The Program aims to assist eligible condominium associations by offering free mitigation inspections to best determine how to harden the condominium property from storm damage, as well as mitigation grant funds that can be […]
Countdown to December 31, 2024: Vital Deadlines for Florida Community Associations
As season approaches for Southwest Florida, so too do important legal deadlines that all Florida community associations need to be aware of. Here is what you need to know: Read the article…………………………….
A Differing Tale of Two Terminating Condominiums (FL)
An extremely similar fact pattern leads to diametrically opposed results between Florida’s Fourth District Court of Appeal and Florida’s Third District Court of Appeal. In the case before the Fourth District Court of Appeal, Fellman v. Mission Viejo Condominium Association, Inc., Case No. 4D22-1260, (Fla. 4th DCA April 6, 2023), 175 of the 176 condominium […]
Be Aware of Corporate Transparency Act (CTA) Scams!
Recently one of our clients received a solicitation titled “Mandatory Beneficial Ownership Reporting.” It was noted as form 5102 and states that there is a filing fee of $119.00. The form looks very legitimate and like any other tax form you might receive from the federal government. However, beware of these types of solicitations, as […]
A Reference Guide to Becoming an HOA Board Member (FL)
Effective July 1, 2024, significant changes to Florida Statutes (Chapter 720) regarding Homeowners Associations (HOAS) have been enacted. If you are interested in becoming a board member of your homeowners association, here is a quick reference guide to the main highlights of this past legislative session that you will need to know: Read the article…………………………….
The Role of Community Association Law in Managing Your Condo or HOA
In Florida, community associations such as condominium associations and homeowners associations play a vital role in managing shared living communities. Understanding community association law is crucial for both board members and residents to ensure smooth governance and compliance. Read the article…………………………….
Legal Recourse for New Construction Condos: Suing Your Sponsor for Construction Defects (NY)
As a board member or property manager of a newly constructed condominium in New York, you have a responsibility to protect the interests of your unit owners. This includes taking action if there are construction defects in the building. Read the article…………………………….
Rafter Ranch Stage Stop Association vs. Stage Stop Inc. (WY)
Stage Stop, Inc., purchased a lot and an existing 50,000 square foot building in the Rafter J Ranch Subdivision (Rafter J Subdivision or Subdivision) in Teton County in 2021. The Rafter J Subdivision Homeowner’s Association (HOA) subsequently sought a declaratory judgment that Stage Stop’s proposed use of the building for workforce housing apartments violated the […]
4/1 DCA Affirms Prevailing Party Status And $48,229.08 Attorney Fees Award To HOA That Filed Successful Demurrer And Was Dismissed From Action With Prejudice (CA)
Homeowners alleging their upstairs neighbors had created a nuisance with improperly installed floors filed a lawsuit against their HOA and others in Haidet v. Del Mar Woods Homeowners Assn., Case No. D082923 (4th Dist., Div. 1 October 21, 2024) (certified for publication on November 5, 2024). Read the article…………………………….
Condominium Insurance Coverage for Hurricanes: What Florida Statute 718.111(11) Means for Unit Owners and Associations
In the wake of Tropical Storm Debbie, Hurricane Helene and Hurricane Milton, many condominium associations in Florida are making significant repairs.. Both associations and unit owners are discovering the impact of Florida Statute 718.111(11) on their insurance responsibilities. This statute, part of Florida’s Condominium Act, outlines requirements for insurance coverage and responsibilities for both the […]
Attorneys differ on risk reduction measures in Knox cattle dam suit (OH)
A Nov. 4 hearing in the Knox cattle dam lawsuit revealed progress on several court-ordered actions. However, it highlighted different views about implementing interim risk reduction measures (IRRMs) to maintain the dam’s safety. On Oct. 3, Knox County Common Pleas Judge Richard Wetzel appointed Jack Harris of Intercept Management Corp. receiver for the Landings Property […]
Condo & Homeowners’ Associations: How and Why They Can and Do Make Amendments to Best Serve the Entire Community (PA)
We’ve all heard the jokes about homeowners’ associations. Perhaps you’ve even seen John Oliver tear them apart – I know I cringed the whole way through that episode. So, perhaps, if you are part of the anti-HOA camp, you may want to cheer when I tell you that in August 2024, the Pennsylvania Commonwealth Court […]
Illinois Appellate Court Holds that Condominium Association Entitled to Collect All Unpaid Assessments from Foreclosure Purchaser
Assessments are the lifeblood of a condominium association. Thus, when a unit owner becomes delinquent on their assessments, it is imperative that the community association act swiftly (and legally) to try to recoup any of the unpaid assessments. One option a condominium association has is to file a foreclosure action against the unit. However, often […]
California Senate Bill 900
California Senate Bill 900, which was signed into law in September 2024, has brought significant changes to the California Civil Code by amending Sections 4775 and 5610(c). Under the updated Section 4775, unless otherwise specified in an association’s declaration, the association is now responsible for repairs and replacements related to interruptions in gas, heat, water, […]
Condominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept “Kickbacks” Now Commit a Felony of the Third Degree (FL)
Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024. One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718. Read the […]
Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code (FL)
For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system […]
Lower Required Percentage For Approval of Declaration Amendments Is Now In Effect (MD)
During the 2024 Session, the Maryland General Assembly passed Senate Bill 665 and House Bill 1496, which changed the amendment process in Section 11-103(c) of the Maryland Condominium Act so, as to lower the percentage required for approval of an amendment from 80 percent to 66 -2/3 percent of the total eligible voters in the […]
Hope Ranch Homeowners Battle over Height Limits (CA)
Whether Santa Barbara County upholds a nearly 85-year-old height restriction on a property in Hope Ranch could impact which future developments can gain approval in the upscale coastal residential community. When the ranch was first developed roughly 100 years ago, some properties had deed restrictions, limiting residences to a single story. Read the article…………………………….
Georgia Property Owners’ Association Act: What is it and why does it matter?
Homeowners associations (HOAs) establish concrete rules and expectations for owners who live in the community. While owners don’t always agree with all of the rules, most can appreciate that they help to maintain property values (which means homes can be sold for a higher price). When creating or amending bylaws and rules, HOAs rightfully turn […]
HOAs Must File The FINCEN BOI Form And Here Is How
The Corporate Transparency Act (“CTA”) requires that certain entities file annual reports with the Financial Crimes Enforcement Network (“FINCEN”) by December 31. In Community Associations v. Yellen, E.D.Va. Case No. 24-CV0-1597, Doc. 40 (Oct. 24, 2024), the U.S. District Court for the Eastern District of Virginia held that this requirement also applies to a Homeowners […]
Court Orders Insurer To Pay $6 Million In Florida Hurricane Irma Condo Damage Case
Afederal appeals court has upheld a ruling requiring Empire Indemnity Insurance Co. to pay over $6 million to a Southwest Florida condominium association for damages caused by Hurricane Irma in 2017. The Mont Claire at Pelican Marsh Condominium Association filed a lawsuit against Empire after the insurer paid only a small fraction of the claim […]
Sign, sign, everywhere a sign – except in some HOA communities. A lawmakers wants to change that (OH)
If you drive by some houses in Ohio, you will see so many political signs that it could almost be called a shrine to a particular candidate. But if you drive around some neighborhoods, you won’t see any political yard signs anywhere. A Republican lawmaker thinks that might be because some homeowners associations prohibit displaying […]
Condominium Boards Beware: Lessons on Critical Insurance and Your Historical Record
A new court decision highlights the critical importance of meticulous record-keeping and proactive due diligence for condominium boards, especially when it comes to insurance coverage. In the case of Wong v. Board of Managers of One Sunset Park Condominium, a New York court denied the Condominium Board’s motion for summary judgment due to insufficient evidence […]