Both Condominium board members and unit owners should be mindful of limitations placed on them via the Rhode Island Condominium Act through requirements that unanimous unit owner approval be obtained before a condominium’s declaration is amended in specific circumstances. A condominium’s “declaration” is the document recorded in a municipality’s land evidence records in order to […]
Do You Take Minutes in Executive Sessions? (IL)
A topic of great discussion is whether minutes should be kept for executive “closed” sessions and, if so, how detailed they should be. Previously, there was little guidance for association boards and many were cautioned to not take minutes for executive sessions. But, all that changed on June 14, 2018 when the Illinois Appellate Court […]
Update on New South Carolina HOA Legislation – Don’t Miss the January 10 Deadline!
While this is generally a North Carolina HOA law blog, we represent many South Carolina HOAs as well, and as most of them are aware by now, the new South Carolina Homeowners Association Act was enacted on May 17th, 2018 and was the first major legislation in South Carolina to regulate homeowners associations. The major […]
How Will Co-ops and Condos Pay for Greener Buildings? (NY)
At a packed hearing last week, the New York City Council opened debate on a controversial new bill called Intro 1253 that has major implications for most co-op and condo boards in the city. The bill, sponsored by councilman Costa Constantinides, a Queens Democrat, proposes new carbon emissions caps and energy performance requirements for large […]
My Master Association is a Condominium Association… Maybe? (FL)
Even though you own a condominium, is it possible one of the associations governing your condominium unit thought to be a condominium association for decades is actually a homeowners association? Yes, it is. Many owners in the State of Florida own condominium units under the jurisdiction of two community associations. The first, a smaller condominium […]
Pennsylvania Amends Condominium Law to Help Associations
The Pennsylvania General Assembly recently enacted bills amending the common interest ownership laws, the Uniform Condominium Act (UCA), the Uniform Planned Community Act, and the Uniform Real Estate Cooperative Act. The amendments require community documents to address alternative dispute resolution (ADR), strengthen the position of associations against developers, and allow associations to impose stronger penalties […]
Aptos Homeowners Assoc. sue County of Santa Cruz over beach access (CA)
It is the latest dispute over public beach access in coastal Santa Cruz Watch the news report……………………
Limited Vacancy: Florida Appeals Court Rules in Favor of the City of Miami’s Airbnb Rental Ban
Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City. Read the article………………….
Condominium Resale Disclosure Requirements – Be Sure You Have the Most Recent Version of Section 11-135 (MD)
As I have previously written, the information contained in condominium resale disclosure certificates must be carefully reviewed for accuracy, so as to avoid exposing the community to liability for misleading information that does not present a clear picture of the financial obligations that may await a prospective purchaser. Read the article……………………
Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs
Emotional support animals have been in the news quite a bit during the last couple of years. There have been reports of airline passengers boarding with a peacock, hamster, pig, a duck wearing a diaper and a squirrel. As a result, companies have started to change their policies, and the public’s attitudes and perceptions toward […]
Outspoken Florida Foreclosure Defense Lawyer Bruce Jacobs Sanctioned By Florida 3rd DCA
The Florida 3rd District Court of Appeals has issued an order imposing sanctions against Florida Foreclosure Defense attorney Bruce Jacobs. Judges became irate after Jacobs filed a motion for rehearing and rehearing en banc after ruling against his client. Jacobs represented Aquasol Condominium Association in HSBC v. Aquasol. Read the article………………
Legislative Update Continued: Recalls and Financial Reporting (FL)
In 2017, extensive legislative changes were made to laws governing various condominium governance items, including board member recall procedures and association financial reporting laws. This year, several clarifications have been made to those (in some cases dramatic) changes. Read the article……………..
Legal marijuana: How will it impact Michigan condominium associations?
Michigan became the 10th state to legalize the recreational use of marijuana when voters approved Proposal 1 and enacted the Michigan Regulation and Taxation of Marihuana Act (the “Act”) on November 6, 2018. The highlights of the Act are as follows: Read the article………………
Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured (CA)
In Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc. (No. C085753, filed 11/30/18), a California appeals court held that an insurer may not file its own action to assert claims solely as a subrogee of a suspended corporation, where the corporation could not otherwise assert the claims on its own behalf. In Engel, […]
Court Decision Extends Time to File Construction Defect Claims Following Proper Pre-Suit Notice (FL)
A new decision out of Florida’s Fourth District Court of Appeal addresses whether providing a mandatory pre-suit notice of construction defect claims satisfies the requirements of Florida’s 10-year Statute of Repose in §95.11(3)(c), Fla. Stat. (2014), even if an actual lawsuit is not filed within that period. In a win for Florida homeowners, the Court […]
President’s Direction did not Survive Motion to Show Authority
You are hired by an organization to investigate claims against certain parties, and the organization’s president later directs you to file a lawsuit on those claims. Do you have authority to file suit? Maybe not, a recent case reveals. The Board of Directors of Candle Meadows Homeowners Association voted to retain a lawyer to investigate […]
Counsel Declarations Sufficed To Justify $425,000 Fee Award In HOA’s Favor (CA)
The fee substantiation requirement in California state courts is much less than in federal courts. Federal courts favor submission of detailed timesheets, while attorney declarations and the trial judge’s perception of the work can indeed support fee recovery in California state courts. Read the article……………….
225,000 Fee Recovery In Favor Of HOA And Against Losing Condo Owner Affirmed On Appeal (CA)
We have done many posts showing how HOAs or owners can be subject to substantial fee exposure for losing HOA-owner disputes. Seahaus La Jolla Owners Assn. v. Witt, Case No. D071229 (4th Dist., Div. 1 Nov. 27, 2018) (unpublished) illustrates how this can happen, with the non-prevailing condo owner hit with $225,000 in fees in […]
Ex-Board Member of Homeowner’s Association Sues for Improper Removal; Awarded a Proper Removal (DE)
In Beck v. Greim c/o Bombay Woods Maintenance Corp., the Delaware Chancery Court issued a Master’s Report making recommendations regarding a dispute between a homeowner, who had served as a director and officer of the homeowner’s association, and the homeowner’s association and its president, concerning alleged violations of Delaware General Corporation Laws and the association’s […]
HOA Homefront: Tighter protection of HOA funds in 2019 (CA)
The most important new legislation changing how HOAs operate is Assembly Bill 2912. AB 2912 began with its purpose “to take important steps to protect [HOA members] from fraudulent activity by those entrusted with the management of the association’s finances.” Sponsored by the Community Associations Institute and the California Association of Community Managers, the bill […]
Associations Should Repair Life Safety Defects Even During the Pendency of Litigation (FL)
With the construction boom in full swing, more and more construction defect lawsuits are being filed on behalf of condominium associations because of countless construction defects that occurred during original construction. These construction defects are particularly prevalent in Miami where the unique real estate development market, weather, and shortage of skilled trade workers make it […]
Pennsylvania Man Not Entitled to Attorneys’ Fees in Homeowners Association Declaration Amendment Lawsuit
The Commonwealth Court of Pennsylvania ruled this month that a man from Pittsburgh is not entitled to recover attorneys’ fees and court costs from litigation he won against his homeowners association. Matthew Serota filed suit against the London-Towne Homeowners Association in 2015 after the association amended its Declaration of Covenants, Conditions and Restrictions (the “Declaration”) […]
AB 2912: New Protections Against the Misuse of HOA Funds (CA)
Assembly Bill 2912 (“AB 2912”) was recently enacted by the California Legislature. Its changes to the law, which take effect January 1, 2019, are intended “to protect owners in a [HOA] from fraudulent activity by those entrusted with the management of the [HOA’s] finances.” To that end, AB 2912 (a) significantly increases the financial review […]
Unsafe Balconies, Water Leaks, Other Flaws Claimed at Luxury Sunny Isles Beach Condo (FL)
Sunny Isles Beach’s luxury Regalia condominium, where each unit takes up an entire floor and has floor-to-ceiling glass walls, needs $30 million in repairs due to construction and design defects, an attorney for residents said. Problems include safety hazards like using the wrong or no screws for balcony railings and putting electrical grills meant only […]
Titeflex wants Chapel Ridge Condo Association’s lawsuit over lightning strike moved moved to federal court (MO)
A Massachusetts-based company facing a northwestern St. Louis suburban condominium association’s product liability lawsuit, stemming from a lightning-caused fire last year, wants the case to be heard in federal court. Defendant Titeflex Corporation, whose parent company is Smiths Group International Holdings, filed its notice of removal on Nov. 21 in the U.S. District Court for […]
MRTA and How to Revive Expired HOA Covenants and Restrictions (FL)
During the last 30 to 40 years, exponential population growth and concomitant community development has occurred throughout the Sunshine State. Most newcomers to Florida during that period of time became accustomed to purchasing homes in amenity-rich communities that offered pools and clubhouses, and, in many instances, gates and guardhouses with a promise of security that […]
Skokie condo owner files suit against Park Ridge law firm over nearly $50,000 assessment (IL)
Skokie resident alleges a Park Ridge law firm failed to investigate assessments on a condo unit on his behalf before he purchased it. According to the complaint, the plaintiff retained the defendant’s services when she purchased a condo in October 2016. She alleges she learned in December 2016 that there was a special assessment passed by […]
The Condominium Fire Sprinkler Retrofit and Engineered Life Safety Requirements (FL)
There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants […]
Ten HOA Law Gotchas
The legal environment for common interest develop-ments becomes more complicated every time the Leg-islature meets or a court rules. Here are 10 quirky aspects of laws pertaining to “HOAs”—this article’s tag for mandatory membership associations for all types of residential common interest developments, including condominium HOAs (subject to Property Code Chapter 82) and subdivision HOAs […]
Court Addresses HOA Attempt to Restrict Short Term Rentals (TX)
In a recent case, the Texas Supreme Court addressed an attempt by a homeowners’ association (“HOA”) to restrict short-term rentals based upon recorded Covenants, Conditions, and Restrictions (“CC&Rs”) applicable to a residential subdivision. The property was a single-family home. The homeowner rented the home through websites such as VRBO. The HOA issued notices of violation; […]
Appellate Ruling Limits Viability of Blanket Receiverships (FL)
Lack of proper notice was central to the Third District Court of Appeal’s decision in Federal National Mortgage Association v. JKM Services, LLC, Case No. 3D17-370 (Fla. 3d DCA October 3, 2018) limiting a receiver’s ability to recover fees and costs incurred in his efforts to collect rent after having been appointed by a condominium […]
Developers Properly Denied $1.950 Million In Attorney’s Fees Against HOA Under Either Civil Code Section 1717 Or The Common Fund/Substantial Benefit Doctrine (CA)
Market Lofts Community Assn. v. 9th Street Market Lofts, LLC, Case Nos. B280446/B282412 (2d Dist., Div. 2 Nov. 13, 2018) (unpublished) involved a case where an HOA lost a suit against Developers based on a Parking License Agreement (PLA) to which HOA was not a party, with the PLA containing a fees clause. HOA was […]
Appeals panel: Lawyer’s lawsuit vs condo board over parking space groundless, but not a SLAPP (IL)
An Illinois appeals panel says a Loop condo owner’s lawsuit against his association board over a parking space was groundless, but the man shouldn’t be forced to pay the board’s legal defense costs, because the lawsuit didn’t come in retaliation for the board’s prior legal action against him. Read the article…………………
2018 Legislative Update – Condominium Association Board of Director Conflicts (FL)
In this third blog post in a series providing 2018 legislative updates, we discuss legislative changes clarifying condominium conflict of interest statutes. Parts one and two of this series addressed record keeping of condominium associations, material alteration requirements, and material alterations as they relate to electric vehicle owners. Read the article………………..
Association Not Liable for Accidental Death in Common Element Hot Tub (OH)
The Fairfield County Court of Common Pleas recently issued a decision on an association’s liability for a death in the common elements. An owner reserved the association’s pool and hot tub area for an extended family party. Tragically, a two year old child drowned in the hot tub, which broke and was closed that very […]
Arbitrator Not Found to Exceed its Powers (CA)
It is well settled that an association’s CC&Rs (“Declaration”) establishes and controls, among other things, a board’s authority to govern an association provided that the CC&Rs do not conflict with California law and regulations (i.e., Davis-Stirling Act). In such cases, the plain language of the CC&Rs control. (Franklin v. Marie Antoinette Condominium Owners Assn. (1993) […]
Nevada Supreme Court Holds CPL Does Not Protect Loan Assignee
The Nevada Supreme Court recently held that the assignee of a deed of trust was not entitled to bring a claim against the title insurance company arising out of the closing protection letter. See PennyMac Holdings, LLC v. Fid. Nat’l Ins. Co., 423 P.3d 608 (Nev. 2018). In the case, a title agent issued a […]
Associations Must Establish Written Policy for Resolving Unit Owner Complaints (IL)
No later than January 1, 2019, associations must establish and adopt a written policy for resolving unit owner’s complaints. This requirement is under Section 35 of the Condominium and Common Interest Community Ombudsperson Act (the “Ombudsperson Act”) and applies to all condominium associations as well as all common interest community association not exempt from the […]
Legal Considerations for Condominium Deconversions in Chicago
With the demand for apartments in Chicago rising, many real estate developers have discovered a previously untapped supply of potential acquisition targets — residential condominium buildings. This includes older condominium properties plagued by large deferred maintenance obligations and stagnating or declining unit sales prices. Read the article…………….
The Land and Everything that Goes with it: How Community Association Restrictions “Run with the Land”
It may be hard to believe, but community associations (“Associations”) occasionally deal with homeowners who don’t think they are required to pay assessments. The reasoning for these beliefs can range from “I don’t use the pool,” to “I am not part of the Association.” Although the majority of such claims are baseless, some may merit […]
WA Court: HOAs May Record Liens Without Providing Owners With Notice and Hearing
Collecting past due assessments can certainly be scary sometimes. After one homeowners association recorded a lien on a delinquent property and obtained a judgment against its owners, they appealed to the Washington Court of Appeals. The court ruled that the association was permitted to record the lien without providing the owners with notice and an […]
Cease and Desist
If you have been involved as a manager or board member of a community association for any significant period of time-, you have likely come across a difficult owner or tenant who insists on using ineffective communication strategies. Maybe they send you daily or hourly emails demanding information, or post these demands to social media. […]
Judge: Trump Tower racketeering lawsuit can continue (NY)
A federal judge has recently denied motions to dismiss a civil lawsuit filed by the condominium board of Trump Tower at City Center against its former treasurer and his associates for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). Read the article………………
MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums
Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium. Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums. Many recreational facilities are common elements […]
Broward County sues Lauderhill condominium association for rejecting resident’s emotional support animal request (FL)
Broward County this week filed a lawsuit against a Lauderhill condominium association after the association allegedly denied a resident’s request for an emotional support animal. The lawsuit, filed by Broward County Attorney Andrew Meyers, accuses Environ Towers I Condominium Association of violating the Fair Housing Act and the Broward County Human Rights Act. The case […]
Collection of Assessments from Third-Party Purchaser in Foreclosure Sales – Where Did 2018 Leave Us? (IL)
There have been a number of cases that came down in 2018 that further clarified (and muddied) the amounts that can be collected from a third-party purchaser at a judicial foreclosure sale. Section 9(g)(1) of the Illinois Condominium Property Act (the “Condo Act”), creates a lien in favor of a condominium association when a unit […]
Wisconsin Supreme Court to hear Sister Bay condo association lawsuit
The Wisconsin Supreme Court has scheduled oral arguments for Nov. 5 in a lawsuit by the Yacht Club at Sister Bay Condominium Association against the Village of Sister Bay regarding noise from concerts at the municipal band shell. Read the article………………..
Obligations under the Condominium & Common Interest Community Ombudsperson Act (IL)
The Condominium and Common Interest Community Ombudsperson Act became effective on January 1, 2017. Generally, the purpose of this Act is to create a State of Illinois-operated mechanism to assist in resolving certain disputes within condominium and community associations. Read the article………………
RGJ investigates: Somersett rock wall failures in Reno test Nevada construction defect law (NV)
Desert shrubs and three small pine trees dotted a dirt slope overlooking the Somersett Golf and Country Club one morning in August. Just below, a golf cart traveled a paved concrete path while a handful of golfers walked the course nearby………….At the center of the ongoing battle at Somersett is that same dirt slope — […]
River City unit owners not complying with deconversion sale process, new lawsuits say (IL)
The River City condo association lobbed the latest legal volley in the drama-filled deconversion of the South Loop building, accusing owners of multiple units of failing to comply with the sale process. The association filed suits against at least 19 unit owners in the building, accusing them of failing to turn over documents needed to […]