Homeowners association, the words conjure up thoughts of power-hungry board members harassing their neighbors, neighborhood segregation, and fines. What they do not bring to mind are peaceful, clean, well-kept neighborhoods. Horror stories abound about homeowners associations gone bad. But people buying into new neighborhoods are often required to join the HOA created by the developer […]
Homestead judge nixes $93-a-month fee (WA)
The judge in the Lynden-centric Homestead case, at a Whatcom County Superior Court hearing on July 3, voiced the general shape of his decisions regarding the golf residential community that has been embroiled in a lawsuit for more than four years. A two-week trial wrapped up in May. In a key ruling, Judge David Freeman […]
Tennessee Supreme Court Dismisses Developer’s Defamation Lawsuit Against Resident
The Tennessee Supreme Court has held that a defamation and false light suit filed by Bill Charles against Donna McQueen must be dismissed under the Tennessee Public Participation Act (“TPPA”). The litigation began in 2020 after Durham Farms, a planned community in Hendersonville, announced plans to add a “rental-only” unit section to the community. Residents […]
Pasadena law firm unveils plan to address past involvement in segregated housing policies (CA)
Herbert Hahn, a former managing partner of Hahn & Hahn, spearheaded the controversial Pasadena Improvement Association with former Pasadena Mayor A.I. Stewart. The organization, made up of prominent businessmen and bankers, was established in 1939 to create White-only housing covenants that blocked people of color from owning properties. Read the article…………………………….
Tellico Village Property Owners Association to pay $1.3 million after receiving ineligible PPP loan (TN)
he United States Department of Justice said Tellico Village Property Owners Association (TVPOA) agreed to pay more than $1.3 million after receiving a Paycheck Protection Program, or PPP, loan it was ineligible for. The DOJ said the association applied for, received, and obtained forgiveness for the PPP loan after Congress created it in March 2020 […]
New Florida HOA law started Monday. What’s the difference between an HOA and a COA?
A new law that went into effect Monday strictly limits how much control your Florida homeowners association has over what you do with your home, where you can park and how much you can be fined, among other things. Does this apply if you live in a condo? Read the article…………………………….
2024 Virginia Legislative Changes Affecting Community Associations
The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium unit owner associations, which take effect July 1, 2024. Read the article…………………………….
The Virginia Condominium Act Turns 50
While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on July 1, 1974. It superseded the Horizontal Property Act, which was enacted in 1962. Condominiums […]
Private property rights are more important than ‘local control’ (MI)
A new law is set to take effect in Michigan that would prohibit homeowners associations from limiting installation of solar panels, electric vehicle charging stations, energy efficient windows and other energy-saving improvements. It would also prevent associations from banning clotheslines. Read the article…………………………….
Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year
The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures, such as preservation of its deed restrictions. Due to Associations failing to take appropriate actions to protect their deed restrictions from the […]
Kids, Pools and Problematic Rules – a Fair Housing Reminder (MN)
As the weather gets warmer, pools open, children get out of school for the summer and people spend more time outdoors and engaging in recreational activities. Associations want to make sure that everyone is safe and has access to common area amenities, but too often we see rules adopted by boards that violate fair housing […]
HB 1021: Community Associations (FL)
Florida’s latest community association bill (HB 1021), signed by the Governor on June 14, 2024, relates to the governance of condominium and cooperative associations and the practice of community association management. Read the article…………………………….
Condo Seeks Bar On Enforcement Of Corp. Transparency Act
A Boston condominium association has asked a federal judge to shield it and other Massachusetts condo boards from enforcement of an anti-money laundering measure, saying the requirement to submit personal information to a government database creates an undue and unnecessary burden on volunteer organizations. Read the article (PDF)…………………………….
Court rules condo board breached fiduciary duty by not telling owners of rule change (IL)
The Illinois Appellate Court has ruled that a Gold Coast condominium association breached its fiduciary duty of candor by changing rules of voting eligibility in condo board elections but not sharing the rule change with unit owners. Read the article…………………………….
Federal Judge Denies Quanex’s Bid to Dismiss Defective IGU Sealant Lawsuit (WA)
A Washington federal judge rebuffed Quanex’s motion to dismiss a lawsuit claiming it knowingly sold defective insulating glass unit (IGU) components to Viracon. The Fifteen Twenty-One Avenue Condominium Association filed the suit in Washington Federal Court in late December 2023 against Viracon, a subsidiary of Apogee Enterprises Inc., Quanex and the Insulating Glass Certification Council […]
Co-op and Condo Boards Can Face Suits Over Accommodation Refusals (NY)
Co-op and condo boards must make reasonable accommodations for a host of “protected classes” — or face potentially crippling charges of discrimination. As one New York City co-op board learned recently, those protections extend to religious practices. Read the article…………………………….
REMINDER: Your Homeowners Association Can Fine, Even Foreclose Over Fireworks In Florida
A reminder as July 4th approaches: while Florida law permits personal use of fireworks on several holidays during the year, your homeowners association may not. And when it comes to HOA rules vs. Florida law, HOAs win in the state. You can be fined and sanctioned for violating your HOAs rules. Read the article…………………………….
Vermont judge finds Stratton Mtn responsible for three bridges at SnowBridge
A Vermont Superior Court judge has concluded that members of the SnowBridge Homeowners Association are responsible for maintenance of roads in the SnowBridge development, but Stratton Corporation is responsible for taking care of three bridges in the 12-acre parcel with 36 trailside townhouses. Read the article…………………………….
Florida Governor Signs House Bill 429 Into Law
Florida’s Governor signed House Bill 429 into law, a significant legislative development. This bill deals with real property, timeshares and revising the Timeshare Act. The Timeshare Act applies to all timeshare plans consisting of more than seven timeshare periods over a period of at least three years when the accommodations and facilities are located or […]
Here’s what HOAs in Florida can’t do to you anymore as of Monday, July 1
Start planning your backyard vegetable garden. For many Florida homeowners, Monday marked the day they could finally relax a little. As of July 1, a new law limiting what homeowner associations in the state can do to their members went into effect. Read the article…………………………….
New South Dakota laws go into effect July 1
South Dakota lawmakers passed 234 bills during the 2024 legislative session, and 208 of them will go into effect on Monday, July 1. Here are the ones relating to community associations: HB1240 permits a homeowner’s association, development, or incorporated community to modify a restrictive covenant SB39 prohibits a homeowners’ association from placing restrictions on firearms […]
Some Other New Association Laws (FL)
While not the ones that got the most attention, there were a few other bills that were signed into law by The Governor involving community associations: House Bill 59 was signed into law and it requires that Before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and […]
2024 Legislative Update (FL)
Florida has recently enacted new legislation and implemented changes to various regulations that significantly impact community associations. Many of these changes have either already taken effect or will take effect starting July 1, 2024. To ensure our clients are well-informed about these recent developments in Florida state law pertaining to community associations, we have compiled […]
Waukesha County cellphone tower lawsuit, homeowners’ claims rejected (WI)
A Waukesha County Circuit Court judge rejected the latest lawsuit from a group of Big Bend homeowners over the placement of a cellphone tower in neighboring Vernon……Vernon signed off on the project in 2020. The Scenic Ridge of Big Bend homeowners association sued – and lost. The association appealed the decision and won in 2022, […]
Changes Coming to HOA Living: Summary of 2023 Legislation Affecting Homeowners Associations (MN)
The 2023 Session of the Minnesota legislature was filled with partisanship and politics. Several bills directly affecting homeowners associations were introduced in the last legislative session. As is typical for any legislative session, only a few of those bills became law. Read the article…………………………….
Lake Oswego luxury condominium case resolved (OR)
The Oswego Talisman Condominium Association had filed a lawsuit against the owners of the future Frances condominiums, Hugh Development (and its affiliated LLC North D State) in 2022 over a sewer line that the association alleged was ruptured during construction of the luxury condos next door. The case was eventually dismissed due to a settlement […]
Brooklyn condo residents win lawsuit, set to convert building to co-op (NY)
They thought they were buying apartments in a 25-unit condo in Bay Ridge, Brooklyn. But the developer lacked permits to erect the building, never transferred deeds to the owners, and failed to make $5 million in mortgage payments. When the lender, Maxim Credit Group, started foreclosure proceedings on the property, the residents faced the prospect […]
Hit by SLAPP suit, Clipper Mill residents punch back (MD)
In a stunning twist, the individuals and entities Baltimore developer Larry Jennings sued for $25 million in 2020 have filed a class action suit against him, saying courts should send a message against lawsuits designed to intimidate Read the article…………………………….
‘Stop the nonsense’: Georgia lawmakers move to give homeowners more rights in HOA disputes
Georgia lawmakers are moving to limit the power given to homeowners associations after hearing horror stories from residents who say they were unfairly fined. Video news report……………………..
Z Capital sues Carillon condo association’s board members in latest chapter of eight-year legal saga (FL)
The New York-based firm sued four past board members of the Central Tower association, as well as current board president Marvin Rosen and vice president Bruce Gorsky. The suit is tied to the Central Tower’s role in eight years of litigation against Z Capital and having allegedly improperly imposed special assessments, according to the complaint. […]
2024 Legislative Updates: Proposed Arizona Bills and Amendments
With Arizona’s 2024 Legislative session in full swing, we review twenty-four bills that include proposed amendments or additions to Arizona’s Planned Communities Statutes and Condominium Act. At Carpenter, Hazlewood, Delgado & Bolen, we strive to provide the community association industry the most recent updates to the Arizona Legislative session and the bills that may affect […]
2024 Florida Legislative Recap: SB 382 Modifies Continuing Education Requirements for CAMs
This summer, Governor Ron DeSantis signed several Bills that directly affect condominium, homeowners’, and cooperative associations. On May 17, 2024, Governor DeSantis signed Senate Bill 382 (“SB 382” or the “Bill”), which modifies continuing education requirements for Florida-licensed community association managers (“CAMs”). The Bill is effective July 1, 2024; thus, all CAMs and associations should […]
The Balcony Bill SB 326 (CA)
On January 1, 2020, the State legislature added California Civil Code § 5551 to require condominium associations with certain elevated exterior elements (“EEEs”) such as decks, balconies, walkways, stairs, and related railings to be inspected by January 1, 2025. This new law is often referred to as the “Balcony Bill” or SB326 as that was […]
Charlotte County now requiring condo and co-op inspections for building 25-years or older (FL)
On the 3-year anniversary of the Champlain Towers South building collapse in Surfside, FL, many look to remember those lost and continue to learn from the tragedy. “The milestone inspection legislation,” said Shawn McNulty, building official and floodplain administrator with Charlotte County Board of County Commissioners. “This was legislation put in 2 years ago, mandating […]
Number of Mass. condo developments on Fannie Mae’s still secret blacklist triples
In one year, Fannie Mae’s secret blacklist of condo developments nearly doubled, and part of that surge can be attributed to the rising cost of insurance premiums. In Massachusetts alone, the number of blacklisted properties more than tripled. Read the article…………………………….
Rounding Up HB 1021’s Impact on Florida Condominiums
HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of additional issues affecting condominium associations, such as mismanagement and mistrust, ambiguities related to storm protection, and a lack of budget transparency. This article […]
ADUs: Strategic Solution to California’s Housing Shortage
Recent California laws enacted in 2023 and 2024, make it easier for homeowners to obtain permits for building accessory dwelling units (ADUs) on their lots. An ADU is an additional residential structure built on the same lot as a primary structure. These new California laws were enacted to increase the housing supply across the state, […]
Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)
The Illinois General Assembly has passed legislation adding Section 18.12 to the Illinois Condominium Property Act, requiring all condominiums with parking to implement policies for accessible parking access for disabled owners. The legislation mandates condominium boards to adopt a written policy within 90 days of its enactment, which will take effect 90 days after Governor […]
HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements (FL)
When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes. Read the article…………………………….
New Requirements for Condominium Association on Inspections of Official Records
The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but […]
New York condos and co-ops must minimize carbon footprint to comply with Local Law 97
Modesty has never been one of New York City’s defining traits. Its bold and outgoing nature is what attracts tourists and residents alike. The iconic buildings, towering over streets and parks, are nothing short of remarkable. But, the city is asking many of these buildings, some nearly 100 years old, to change, and they haven’t […]
Homeowner Sues HOA Over Negligence Leading to Serious Injuries (TX)
According to the lawsuit, Fletcher was visiting Imperial Oaks Park on April 25, 2023, when he tripped over a garden hose that had been carelessly left obstructing an exit. The plaintiff claims that the defendants failed to ensure the premises were safe and free of hazards. Read the article…………………………….
Thou Shall Timely—and Completely—Respond to Records Requests: Fifth District Court of Appeal Cracks Down on HOA Obligation to Produce Official Records to Owners
At some point, every community association—whether it be an HOA, condominium, or co-op—has encountered a records inspection request and understands how time consuming they may be depending upon the scope of the request. A new case issued by the Fifth District Court of Appeal (or the “5th DCA”) solidifies the importance of an owner’s right […]
Judge orders Horseshoe Bay Resort to release $195K to POA (TX)
A visiting district judge ordered Horseshoe Bay Resort to release about $195,000 in dues paid to its maintenance fund to the Horseshoe Bay Property Owners’ Association. “The Court finds that Defendant Horseshoe Bay Maintenance Fund has withheld funds contractually owed to Plaintiff Horseshoe Bay (Property) Owners Association,” retired Judge Frank Griffin of the Brown County […]
New Law Requires Dissemination of Documents (FL)
Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? Read the Q&A………………………………..
New York Appellate Court Revives Defamation Claim Against Condominium in Dispute with Unit Owner’s Tenant
In a recent decision, the New York Appellate Division, First Department, overturned a lower court’s dismissal of a defamation lawsuit brought by former tenants against their condominium, its managing agent, a board member, and an employee of the managing agent. The case, Dolcimascolo v. Board of Managers of Dorchester Towers Condominium, centered on allegations that […]
N.J. Supreme Court Rules Emotional Support Animals Are Not Just Pets
Not all pets are created equal, according to the New Jersey Supreme Court. The state’s highest court recently held that housing providers, like condominiums, can’t rely on pet prohibitions to automatically deny residents’ accommodation requests for emotional support animals. Writing for the Court, Chief Justice Stuart Rabner said that emotional support animals “are different from […]
Bill to enhance condo safety measures becomes law (FL)
Condominium associations will have to be more accountable to residents under a measure, crafted with Real Property, Probate and Trust Law Section input, that Gov. Ron DeSantis signed late last week. HB 1021, by Rep. Vicki Lopez, R-Coral Gables, cleared the House 111-0 on March 1, and the Senate, 40-0, five days later. Read the […]
City Council passes bill to inspect residential buildings for structural risks (NY)
The New York City Council has passed a bill requiring residential buildings, including co-ops and condos, to undergo routine inspections based on their structural risks. The bill supplements the Facade Inspection and Safety Program, formerly known as Local Law 11, which requires all buildings taller than six stories to undergo inspections and necessary repairs every […]