The 2018 legislative session for the State of Maryland was very active. The General Assembly considered many bills that impact community associations. Below, is a recap of each law that we believe may impact your community. And, I have also noted a few proposed laws that did not pass but which may be considered in […]
Legislative Review Continues (FL)
Today’s column continues our annual review of legislation affecting Florida community associations, effective July 1, 2018. E-Mail Communication by HOA Board Members Read the article………………..
South Carolina Legislative Update: Bill Impacting HOAs and Condos Signed Into Law
A South Carolina bill we have been watching for more than a year was signed into law by the Governor yesterday, May 17, 2018. House Bill 3886 is the first SC bill specifically directed at homeowners associations and condominiums in South Carolina and will impact how each of these types of communities operates. Officially titled […]
Why Your Association Needs to Compel Release of Mortgage Information When a Unit Faces Foreclosure (FL)
Board members of any condominium association are no doubt familiar with the following scenario: a unit owner gets behind on his assessments and refuses to bring his balance current; the association records a lien against the unit and, when that still doesn’t motivate the owner to bring his balance current, files suit to foreclose the […]
Radio Parity Act Language Inserted In National Defense Authorization Act:
ARRL has praised the work of US Representatives Joe Courtney (D-CT/2), Vicky Hartzler (R-MO/4), and Mike Rogers (R-AL/3) for their successful efforts in securing language in the FY 2019 National Defense Authorization Act (NDAA) that asks the FCC to grant radio amateurs living in restricted communities the right to install effective outdoor antennas. Text from […]
FDCPA & Debts That Can Cause Despair
The Federal Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. § 1692, et seq. applies to attorneys engaged in the collection of debt for community associations. The language contained in demand letters is a frequent source of FDCPA litigation. Liability is often imposed based on certain words contained in or omitted from the letter. Read […]
Association Assessments Must Be Paid: Florida Depends on It
In the recent decision of First Equitable Realty III v. Grandview Palace Condominium Association, Florida’s Third District Court of Appeal ruled that the trial court erred in decreasing the amount of interest awarded to the association in a collection case due to “equitable considerations” and reiterated that equity does not afford defenses to delinquent unit […]
Orange County Mandatory Residential Foreclosure Mediation Extended to Include HOA and Condominium Foreclosures (FL)
At the peak of the mortgage foreclosure crisis, Orange County implemented a mediation administrative order applicable to mortgage foreclosures. The mediation program was set up through the Orange County Bar Association – a not for profit organization that is capable of effectively managing a large number of mediation referrals. The program was designed to promote […]
Dispute over cost of windstorm damage leads HOA to file suit against Philadelphia Insurance (MO)
A homeowners association in Missouri is suing its insurer in a dispute over the cost of property damage. In a lawsuit filed May 9 in the Circuit Court of St. Louis County, Carlyle Townhome Association accuses Philadelphia Indemnity Insurance Company of failing to participate in the appraisal of property damage and breach of contract following […]
Continuing Legislative Review (FL)
Today’s column is the fourth installment of our annual review of the new laws affecting community associations and will continue our review of the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the Cooperative Act involving official records and board member eligibility. Read the […]
Allocation, Homeowner Associations: Judge Presiding Trial Did Not Abuse His Discretion By Failing To Apportion Fee Work Between Contract and Noncontract Claims Where Work On These Claims Was Inextricably Intertwined
We repeatedly have demonstrated in posts how homeowner association disputes can be a pricey proposition, depending on which side prevailed (or, for that matter, where no side has been found to prevail). Over the years in posting in the HOA areas, we see substantial six-figure and even seven-figure awards of fees/costs. That happened in Majestic […]
2018 Utah Legislative Session
Happy Laws Go Into Effect Day! (okay, I’m sure there’s a better name for that). Today, May 8, the HOA laws that were enacted this year go into effect. Specifically, those laws: Read the article……………….
We can’t boot ‘boorish, sexist’ director off homeowners association board, Pa. court says
Although his behavior might be “deplorable,” a Commonwealth Court panel has refused to remove a director accused of making “boorish, insulting and sexist” comments to female colleagues on a homeowners association. It is not the court system’s role to intervene in such matters, Senior Judge James Gardner Colins concluded in the state court’s opinion. That […]
Owners of electric vehicles in condos can now charge up at assigned parking space (FL)
The Florida Legislature looked favorably upon electric vehicle owners this session when it approved House Bill 841; a community association law affecting many aspects of community living including detailed new provisions to accommodate electric cars. A preamble to the new law says: “The Legislature finds that the use of electric vehicles conserves and protects the […]
Continuing Legislative Review (FL)
Today’s column is the third installment of our annual review of the new laws affecting condominium associations and will begin to review the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the condominium laws involving official records, websites, financial reports, meeting notices, term limits, […]
WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees (WA)
WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
WUCIOA – What is it, and why should my community association care? Topic 6: Actions without Board Meetings
WUCIOA provides a limited ability for Boards to take action by email . (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
WUCIOA – What is it, and why should my community association care? Topic 5: Electronic Notice (WA)
WUCIOA provides for electronic notice to members who “opt in” to such notice. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
Confidentiality Of Unit Owner Contact Lists; Where Will We End Up? (IL)
In recent months, we have seen a legislative tug of war over the confidentiality of unit owner contact lists. This all started with changes to Section 19 of the Illinois Condominium Property Act that took effect on January 1, 2018 requiring that associations include every unit owner’s email address and phone number on the unit […]
New Appellate Case: “Must Our Condo Association Buy Flood Insurance?” (NC)
What insurance must be purchased by an association can usually be determined by reading the governing documents and relevant NC statutes (and consulting an experienced community association insurance professional!). The NC Condominium Act details what insurance must be purchased by a condominium association created on or after October 1, 1986 (other statutes provide for insurance […]
Illinois App. Court (1st Dist) Rules HOA Lien Extinguished by Payment 1 Year After Foreclosure Sale
The Appellate Court of Illinois, First District recently held that a foreclosing mortgagee’s payment of post-foreclosure sale assessments nearly a year after the sale date confirmed the extinguishment of a condominium association’s lien for pre-sale assessments created under the Illinois Condominium Property Act. In so ruling, the First District found that the plain language of […]
New Maryland Law Prevents Shortening Statute of Limitations Applicable to Claims for Condominium Construction Defects
A new Maryland law prevents developers from shortening the time period within which condominium associations and their unit owner members can assert claims for hidden construction defects in newly constructed condominiums. The legislation known as HB 77 and SB 258 passed both houses of the Maryland General Assembly and was signed into law by Governor […]
Continuing Developments in Nevada HOA Lien Litigation
Recently, in Nationstar Mortgage, LLC, vs. Saticoy Bay LLC Series 2227 Shadow Canyon, the Nevada Supreme Court issued a decision following a line of cases stemming from the analysis in SFR Investments Pool, LLC vs. U.S. Bank N.A., which holds that non-judicial foreclosures by homeowner associations (HOAs) can extinguish a first deed of trust. In […]
The Dish On Satellite Dish Antennas: Interplay Between Community Association And Federal Communications Commission Regulations
As many people who live in communities operated by a community association know, one of the advantages, or disadvantages depending on who you ask, is that the association typically has the authority to regulate the improvements that are made by residents within the community. This authority will keep the purple house out of your neighborhood […]
Cloverplace Condos suit settles during appeal (FL)
Citizens Property Insurance Corp. has settled a lawsuit against it over sinkhole damage in Pinellas County’s Cloverplace condominium community. The settlement, disclosed after a public records request, came Monday — a little more than a month after the state’s insurer of last resort was hit with what the Tampa Bay Times called “one of the […]
2018 Legislative Session Final Report (FL)
The 2018 Legislative Session ended with only two community association bills passing and being approved by the Governor. The following is a summary of the two bills: Read the article………………..
Legislative Review Continues (FL)
Today’s column is the second installment of our annual review of legislation affecting community associations in Florida. Last week, we reviewed changes to the condominium laws involving official records, websites, financial reports, meeting notices and term limits. Today continues a review of new condominium laws, effective July 1, 2018. Read the article……………….
2/4 DCA Reinstates Homeowner’s Breach Of Fiduciary/Quiet Title Claims And Allows Further Amendment Of Slander Of Title Claim, Which Causes Attorney’s Fees Award To HOA As Prevailing Party To Go POOF!
In Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes, Case Nos. B278198/B279671 (2d Dist., Div. 4 Apr. 23, 2018) (unpublished), homeowner sued HOA for breach of fiduciary duty, slander of title, and quiet title arising from a tree trimming dispute between neighbors. (Boy, oh boy, tree disputes are very common in HOA cases.) […]
Man alleges Laurel Master Condominium Association failed to repair pothole that caused injuries (MO)
An invitee at a St. Louis condominium and apartment complex alleges he was injured because of a pothole in the garage. Daniel Wood filed a complaint on April 13 in the St. Louis Circuit Court against The Laurel Master Condominium Association alleging negligence. Read the article………………..
Washington D.C. Appellate Court Holds Foreclosing Condominium Association Might Not Have Super-Priority if It Forecloses on More Than Six Months of Dues
The District of Columbia Court of Appeals recently reversed a lower court’s decision granting summary judgment to a condominium association and held that the association’s foreclosure of a “super-priority” condominium lien may not have extinguished an otherwise first-priority mortgage on the property. See U.S. Bank Nat’l Ass’n v. Green Parks, LLC, No. 16-cv-842 (D.C. Mar. […]
2018 Legislative Changes to the Florida Condominium Act (FL)
On March 23, 2018, Governor Rick Scott signed into law the 2018 legislative changes to the Florida Condominium Act. These changes become law on July 1, 2018. This blog post provides a detailed summary of these statutory amendments affecting Florida’s condominium associations: Read the article…………….
Condo board at South Loop high-rise suing Kenny Construction, alleging shoddy work
In 2016, the condo association for a South Loop 34-story high-rise sued Kenny Construction, alleging shoddy plumbing work that was performed when the building was constructed led to severe water damage. Now, the ACE American Insurance Company is filing a lawsuit of its own, claiming in federal court that it shouldn’t be on the hook […]
Attorney challenges Florida Bar’s recommendation of disbarment, alleges free speech violations
A Miami Beach attorney is fighting disbarment after he claims that he was pursued in bad faith by the Florida Bar and even allegedly threatened by a judge. Peter M. P. Vujin is currently fighting back against recommendations of disbarment by the Florida Bar following a series of events which began in 2009 related to […]
New ordinance proposed to keep condo boards from abusing ‘privacy’ ordinance (IL)
Having passed an ordinance aimed at keeping personal information of condominium unit owners private, the Chicago City Council is now considering legislation that would keep a condo board from using the ordinance as an excuse not to release documents. Only condo board members have access to email addresses and telephone numbers that unit owners give […]
Appellate Division Ruling in Construction Defect Case Highlights Importance of Timely Expert Testimony and Adherence to Discovery Schedules (NJ)
A recent decision by the Superior Court of New Jersey Appellate Division underscores the fact that in construction defect litigation, where general contractors, project managers, architects and engineers are the primary defendants, it is imperative that qualified experts be retained and properly utilized by the parties in a timely manner. The failure of a party […]
WUCIOA – What is it, and why should my community association care? Topic 4 – Open Board Meetings (WA)
WUCIOA requires all board and board committee meetings to be open to the members (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that […]
WUCIOA – What is it, and why should my community association care? Topic 3 – Restrictions on Use (WA)
WUCIOA makes restrictions on use easier to adopted, like rental caps and smoking bans (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that […]
Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute (CA)
The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free speech under California’s anti-SLAPP statute. Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association, 19 Cal. App. 5th 399 (2018) […]
WUCIOA – What is it, and why should my community association care? Topic 2 – Association Records (WA)
The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. But existing HOAs and Condos can CHOOSE to adopt WUCIOA, and the legislature made it easier to do that than any other amendment […]
UPDATE: Recent Clarifications from the New Jersey Department of Health on the Amendments to the Public Recreational Bathing Code (NJ)
In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly the requirement that facilities with pools larger than […]
WUCIOA – What is it, and why should my community association care? Topic 1 – Collections (WA)
If you have owners who don’t pay their dues, WUCIOA is better for most communities. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after […]
Kolker reversed in Millstadt homeowners association dispute (IL)
Fifth District appellate judges reversed St. Clair County Associate Judge Chris Kolker for ruling that a homeowners association can’t charge dues and assessments because it doesn’t exist. They reversed summary judgment that Kolker entered in 2016, in a dispute from The Briars subdivision in Millstadt. Fifth District Justice Melissa Chapman found many mistakes in Kolker’s […]
HOA Short-term Rental Rule Violated California Coastal Act
The issue of short-term rentals (or “vacation rentals”) is becoming increasingly significant for homeowners associations (“HOAs”). The concerns and problems that arise from having revolving groups of vacation renters in HOAs are well-documented, such as the fact that vacation renters are often “less careful in using the common facilities because they are not concerned with […]
Naugatuck Woman Secures $250,000 Settlement After Fall on Ice (CT)
A 55-year-old Naugatuck woman, who injured her left ankle, back and neck when she fell on ice and snow in a condominium complex, has settled her case for $250,000. Natalia Dubrovinskaya was taking out the garbage for her boyfriend, who lived at the Hidden Brook condominiums in Naugatuck, when she slipped and fell, according to […]
Condo Owes $7.5 Million for Man’s Fall Getting in Hot Tub (FL)
A resident of a St. Petersburg condominium was awarded more than $7.5 million by a jury for injuries he suffered in a fall in a hot tub. In 2008, Ehab Mina, 44, was about to enter the hot tub when he was startled to see it was partially drained, causing him to slip. He injured […]
Trial Court Correctly Denied Plaintiff’s Negligence-Based Fee Recovery Against HOA Based On Gravamen Of The Claim—Negligence, Not CC&R Enforcement (CA)
This next case should illustrate how both trial and appellate jurists try to get to the nub of a dispute—with the ultimate decision on the nature of the claim being very decisive on whether there is fee entitlement. Martini v. Bel Azure Homeowners Assn., Case No. D072288 (4th Dist., Div. 1 Apr. 12, 2018) (unpublished) […]
Admiral Indemnity Company claims that it does not have duty to defend or indemnify condo association (IL)
company is suing River City Condominium Association; Michael Pyrchalla, owner of a condominium; and board members Donald Moore, Joe Sica, Ryan Palider, Micheline Magharious and Mark Mitrev for alleged breach of contract. Admiral Indemnity Company filed a complaint on March 15 in Cook County Circuit Court, alleging it has no duty to defend or indemnify […]
Philly condominium complex seeking over $19K in unpaid assessments, fees from tenants (PA)
In a new lawsuit, a Philadelphia-based condominium group is seeking unpaid damages exceeding $19,000 from two of its residents connected to allegedly-unpaid assessments and other charges. Park Plaza Condominium Association of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on March 28 versus Joel Jaffe and Bonnie Jaffe, also of Philadelphia. Read […]
Court Holds That Condominiums May File Bankruptcy
Recently, the Bankruptcy Appellate Panel for the First Circuit (which includes Puerto Rico) decided that a condominium association is a “person” eligible to file bankruptcy. While the court did not permit the bankruptcy to go forward due to fraud, the decision is significant for condominium associations that are saddled with debt. The court’s reasoning follows: […]
Palatine condo owners allege association low balled condos price, shorting owners amid forced sale (IL)
A group of “shocked” suburban Palatine condominium owners are trying to prevent their association board from allegedly under-selling the condo development for $49 million, allegedly for the board’s personal gain, claiming the price would short owners of what they could get if they independently sold their units by more than $25 million. Read the article…………………