The House Judiciary Committee with a unanimous vote amended legislation that would prohibit homeowner or community associations from charging homeowners and buyers for estoppel certificates to alleviate concerns among industry leaders. Read the article…………………………….
Court sides with homeowners in NC ski country who want short-term rentals
After a homeowners association in the North Carolina High Country tried to block short-term rentals during ski season, a court has ruled against the HOA. Read the article…………………………….
When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)
The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed. Read the article…………………………….
Idaho Supreme Court sides with developer in Teton County case
The case arises from a dispute regarding a condominium development and dates back to 1995. That’s when a lot in Driggs was approved for Planned Unit Development with up to 16 standalone condominiums. In 1995, TCR’s lot owned by TCR, LLC, the developer of Teton Creek Resor, was approved for Planned Unit Development with 16 […]
Bill that would provide $175,000 to stormproof condos nears finish line (FL)
Condominium associations near Florida’ coast will get access to $175,000 per association in state funds for storm-proofing projects under a House bill that’s nearing the finish line. The Senate version of the bill does not have a cap. Read the article…………………………….
Lawmakers advance bill that would void HOA rules that block wildfire-hardening (CO)
A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires. Read the article…………………………….
Discrimination in HOAs: A Claim That Must Be Taken Seriously
Attorneys have seen an uptick in cases of alleged discrimiation in HOAs and condo associations. Complaints can become costly and stressful for an association. Read the article…………………………….
Homeowner association regulations proposal expected in short session (NC)
Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday. Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]
Threat of Litigation Not a Good Idea when it comes to Housing Discrimination Complaints (NY)
New York’s highest court decided that the threat of litigation may support a retaliation claim under the New York State Human Rights Law. The Human Rights Law prohibits retaliation against those who make discrimination complaints or engage in other protected activity. The New York Court of Appeals definitively decided that the threat of litigation itself […]
Wicker bill removes roadblocks for amateur radio operators
According to a summary of the bill, the legislation would prohibit homeowner association rules that prevent or ban amateur radio antennas on residential properties, clarify the approval process for installing amateur radio antennas, and give amateur radio operators a private right of action. Read the article…………………………….
Kansas homeowners urge lawmakers to ban ‘punitive’ rooftop solar restrictions
Alan Bauman would put solar panels on his Prairie Village home if he could. He’d like to benefit from the savings on his energy bill and have more security when his electric utility suffers power outages. But his homeowners association restricts his and neighbors’ ability to install solar power. Read the article…………………………….
Five recommendations North Carolina lawmakers may consider to tackle HOA disputes
Members of the House Select Committee on Homeowners’ Associations are moving closer to advancing a draft bill designed to level the playing field between homeowners and their HOAs. Following two public hearings in January, five recommendations were presented Tuesday to the committee by legislative staff. Read the article…………………………….
Enhancing Governance: Lessons from a Recent Condo Board and Property Management Company Lawsuit (NY)
Condo Boards and their Property Management Companies play a crucial role in maintaining harmony within residential communities. A recent legal battle involving the Sky House Condominium sheds light on the importance of meticulous governance to avoid potential pitfalls. Read the article…………………………….
Homeowner association regulations proposal expected in short session (NC)
Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday. Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]
Homeowner association regulations proposal expected in short session (NC)
Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday. Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety […]
‘Condo 3.0’ bill boosting safety, board accountability heads to final House panel (FL)
A bill designed to give teeth to Florida’s condo laws and ensure that condo board members are honest and accountable is now one House committee OK shy of a floor vote. Members of the House State Administration and Technology Appropriations Subcommittee voted unanimously to advance the measure (HB 1021) after approving a pair of amendments […]
North Carolina HOAs could face new hurdles to foreclosures
North Carolina homeowners’ associations could soon face new hurdles to approving larger budgets and seizing property as a means to enforce their rules. The House Select Committee on Homeowners’ Associations have been meeting this year to address voter claims that HOAs have abused their power in the state. Committee members have welcomed input from homeowners […]
Florida Lawmakers Advance Bill Cracking Down on Condo Boards
Since the tragic Surfside condo collapse in 2021 that killed 98 people, Florida lawmakers have passed several laws to improve safety. Today, the Senate appropriations committee advanced a bill that will help control rogue condo boards and provide residents more oversight. Read the article…………………………….
HOA Homefront: Understanding fair housing laws to help those who need it (CA)
California and federal law provide important protections for disabled persons. Morally and legally, doing what we reasonably can to help the disabled live as normally as reasonably possible is the right thing to do. However, requesting residents and responding HOAs don’t always fully understand the legal requirements. HOAs are “housing accommodations” under the Fair Housing […]
Judge says Cabarrus County HOA didn’t maintain sidewalks it was required to (MD)
A judge said a Cabarrus County homeowners association has a duty to maintain the sidewalks and didn’t. Robert Beirne lives in the Skybrook subdivision. When tree roots started pushing up the sidewalk in front of his house, his HOA told him it’s the homeowner’s responsibility to fix. Beirne told Action 9?s Jason Stoogenke he did […]
Navigating Sidewalk Shed Disputes: Insights for Condo or Coop Boards (NY)
The court’s decision in 157 W 18 OWNER, LLC v. THE BOARD OF MANAGERS OF THE SLATE CONDOMINIUMS provides clarity on the interpretation of RPAPL 871 and the enforcement of Building Code requirements in construction-related disputes. The ruling underscores the importance of demonstrating a substantial encroachment and balancing equities when seeking injunctive relief for property […]
Community Association Board Members can be Sued for Breach of Fiduciary Duty (NY)
The Board of Managers of the 72 Poplar Street Condominium and individual board members were sued by a unit owner who was overcharged common charges. The Board allegedly knew about the overcharge and eventually refunded the overpayments to the owner, and then called a unit owner vote to amend the Condominium’s bylaws to change the […]
Understanding Director Conflicts of Interest in Florida Condominium Associations
In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations. Read the article…………………………….
Lawmakers look to protect home values for owners who may be forced to sell their condos (AZ)
In Arizona’s housing market, lawmakers want to make sure condo owners get a fair deal if they’re ever forced to sell to investors. Under the Arizona Condominium Termination Act, if an investor reaches 80% ownership of a condominium complex, they can dissolve the HOA and require the remaining homeowners to sell for fair market value. […]
Second Legacy Lodge case appealed to Wyoming Supreme Court
The Rafter J Ranch Homeowners Association is asking the Wyoming Supreme Court to overturn a lower court’s decision in a lawsuit over the future of the former Legacy Lodge building. Monday’s appeal from HOA attorney Kevin Gregory marks the second case that has been taken to the high court regarding a 57-unit building in Rafter […]
Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract
Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal court, arguing that the action related to an arbitration agreement falling under the Federal Arbitration Act (FAA) and the Convention on the […]
HOA Foreclosure Laws In North Carolina
Both homeowners and board members should familiarize themselves with the HOA foreclosure laws in North Carolina. In doing so, they can understand the rights of homeowners and the scope of authority an HOA has when it comes to foreclosures. It also helps keep the association in the clear and away from potential liability. Read the […]
Unique Challenges for Condo and Coop Boards Facing Local Law 97 Requirements (NY)
New York City’s Local Law 97, passed in 2019, aims to drastically reduce greenhouse gas emissions from large buildings. By 2024, condominium and cooperative buildings over 25,000 square feet must meet strict emissions limits or face heavy fines. While the law’s environmental goals are laudable, the legislation poses unique financing challenges for condo and co-op […]
Strike-all Amendment to HB 1021 (FL)
Representative Lopez’s HB 1021 just passed the Regulatory Reform & Economic Development Subcommittee with a strike-all amendment without objection and will be heard next in the State Administration & Technology Appropriations Subcommittee. The Senate counterpart to this bill, Senator Bradley’s SB 1178, does not currently match up. Read the article…………………………….
2023 Year-End Review of California Legislation and Cases Which Affect Community and Homeowners’ Associations
When an Association cannot achieve the quorum required in its governing documents for a Board of Directors election meeting, this new law allows the Association to adjourn the meeting to a date at least 20 days after the adjourned meeting, and provides that only 20% of the voting members need be present at subsequent meetings […]
Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC)
The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). Read the article…………………………….
Court Rules that Restrictive Covenant Banning Sex Offenders is Enforceable
Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, […]
Colorado lawmakers introduce bill to foster more condo construction
In yet another effort to alleviate soaring housing costs in Colorado, lawmakers on Monday introduced a bill aiming to boost condominium construction in the state — an option historically seen as a way for first-time homebuyers to enter the housing market. Read the article…………………………….
Bill would allow associations to regulate members on public lakes (IA)
Proposed legislation in the Iowa House would enable community associations that govern areas near public lakes to police their members’ conduct while boating. Read the article…………………………….
South Dakota: Protection from HOAs Signed into Law
Today, February 5, Governor Kristi Noem signed Senate Bill 39 into law. SB 39 prohibits a homeowners’ association (HOA) from placing restrictions on firearms or firearm ammunition. This important legislation further strengthens firearm preemption in the Mount Rushmore State by protecting sportsmen from HOA regulations. Read the article…………………………….
Introduction to HB 24-1051 (Tow Carrier Regulation Bill) and Its Potential Impact on HOAs (CO)
The Tow Carrier Regulation Bill (HB 24-1051) was recently introduced during the 2024 legislative session. In part, it can potentially adversely impact private and commercial entities, including community associations, that oversee and enforce parking regulations on their property. Read the article…………………………….
Many Colorado HOAs have rules that make homes more vulnerable to wildfires. New legislation could block those.
Colorado lawmakers on Friday advanced new legislation that would make it easier to build or upgrade homes to harden them against wildfires. The legislation would void language in existing homeowners’ association bylaws, deed restrictions or property contracts that prevent residents from installing or using fire-resistant building materials. It would also prohibit new restrictions. Read the […]
Proposed Bill to Affect HOA Foreclosure Sale Requirements (CO)
Introduced January 31, 2024 by Representative Naquetta Ricks, the proposed bill, HB24-1158, would severely hamper an HOA’s efforts to foreclose for unpaid assessments. The bill proposes that prior to turning over a delinquent account to collections or to an attorney for legal action, an HOA must send a notice to the owner that free information […]
Florida lawmakers may offer hurricane hardening program to condo association
What the state considers a successful grant program to help harden Florida homes against hurricanes took a big step closer to sticking around for another year. Read the article…………………………….
Term Limits to First Impact Longstanding Condo Directors in 2026 (FL)
The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those. Read the article…………………………….
A Comprehensive Guide to Key Changes and Impacts Under the Homeowners’ Association Bill of Rights (FL)
On October 1, 2023, House Bill 919, also known as the “Homeowners’ Association Bill of Rights” took effect. This comprehensive bill provides several crucial changes related to the removal of homeowners’ association (“HOA”) officers and directors, fines and suspensions for violations of the declarations, bylaws, or rules of the HOA, as well as new requirements for […]
Understanding HOA Laws for 2024: What’s Changed?
The world of homeowners’ associations is constantly in flux, and as we embrace the new year, it’s essential to stay up-to-date on the latest legislative shifts and updates that may impact your residential experience. Whether you’re a homeowner seeking clarity on your rights, a board member navigating the governance of your community, or a community […]
The 2018 Amendment to the Michigan Marketable Record Title Act Goes Into Effect on March 29, 2024: Does Your HOA or Condo Association Need to Record a Notice?
Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants […]
New HOA laws protect Florida homeowners
There are many luxury condominiums and subdivisions in Florida. These dwellings are popular among those who are commonly referred to as “snowbirds,” which are people who live in states north of here for most of the year, then come to Florida when winter hits their hometowns. The snowbird community lives right alongside full-time residents in […]
New bill would create go-between position for HOAs, Hawaii residents
Ensuring homeowners associations are being fair to their residents is the goal of a new proposal in the State Legislature that would create a government position as a go-between for HOAs and concerned tenants.
Virginia Community Associations and the Corporate Transparency Act: New Federal Reporting Requirements Effective January 1, 2024
Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate Transparency Act (“CTA”) and its regulations, unless a community association fits within one of the narrow exemptions to the Act.
Texas law going into effect Jan. 1 creates new requirements for HOAs regarding fines
With the new year comes new laws. For HOA homeowners, that means a bit more transparency in how much you could be charged for violations. House Bill 614 goes into effect January 1 and experts said this creates a balance of power between HOAs and property owners. Read the article…………………………….
IN Tax Court dismisses appeal in Marion County, HOAs assessment dispute
A group of Marion County homeowners’ associations prematurely filed an appeal of their property assessment case’s dismissal at the administrative level, the Indiana Tax Court ruled in granting a motion to dismiss the appeal and remanding the case to the Indiana Board of Tax Review. Read the article………………………………..
Condos lose special street claim (NY)
Two condominiums adjacent to Franklin Place, a mid-block alley in lower Manhattan, asked that Franklin Place be designated as a fire apparatus access road in order to prohibit parking next to condominiums. Read the article………………………………….