Legislation regarding the installation of electric vehicle(EV) charging stations at community associations, known as Connecticut General Statutes Section 47-261g, became effective on October 1, 2022. This legislation prevents associations from imposing unreasonable restrictions on the installation of EV charging stations. Read the article…………………………….
Exclusion Does Not Exclude Coverage for Condo in Nashville Christmas Bombing (TN)
The insurance fallout from the Christmas Day 2020 bombing in downtown Nashville continues, with a federal court deciding this week that Aspen Specialty Insurance must cover millions in replacement costs for a heavily damaged condominium building. Read the article…………………………….
New Florida law prohibiting HOAs from passing parking restrictions could affect millions
According to the non-profit Foundation for Community Association Research, more than nine million people—about 44 percent of Floridians—live in communities governed by homeowner’s associations, which can regulate what kinds of vehicles can park in their communities and where. A new state law going into effect July 1 says an HOA can no longer pass regulations […]
Energy bill affecting HOA’s on Governor’s desk (MI)
A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain […]
765 ILCS 1085: What Community Associations need to know about the Illinois Electric Vehicle Charging Act
Requests to install electric vehicle charging stations have become commonplace in Illinois community associations. By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles. The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in […]
United States Files Fair Housing Act Lawsuit Against Toll Brothers And Related Entities
Damian Williams, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal Fair Housing Act (“FHA”) lawsuit against TOLL BROTHERS, INC. and TOLL BROTHERS REALTY TRUST (collectively, “TOLL BROTHERS”), relating to their failure to design and construct new apartment buildings so as to be […]
Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)
The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon. Read […]
Landmark Florida Court Ruling Shakes Up Condo Termination Landscape
In a significant decision with far-reaching implications, the Florida Third District Court of Appeal in May ruled in favor of condo owners, challenging the long-standing practice of developer-led condo terminations. The ruling, stemming from a case involving Biscayne 21 Condominium in Miami, has sent ripples through the real estate industry and raised questions about the […]
New Hawaii bills aim to ease financial strain for condominium communities
What if your condominium’s insurance premium increased from $400,000 to $3.3 million in one year? That’s what happened to the Peninsula at Hawaii Kai. The Hawaii community, consisting of 630 single and multifamily apartment homes and condominiums, was shocked, to say the least. Read the article…………………………….
New 2024 Florida Legislation Impacting Community Associations
Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024. This session, there are four main bills that impact community associations: HB 59, HB 1203, HB 1029, and HB 1021. Read the article…………………………….
Homeowner Only Achieving Marginal Success, But Not Removing Quorum Requirements Or Board Member Removals, Was Not A Pragmatic Prevailing Party (CA)
In Mays v. Oakview Homeowners Assn., Case Nos. D083707 et al. (4th Dist., Div. 1 June 17, 2024) (unpublished), homeowner received a fairly limited mandate win to direct the HOA to conduct an election to replace board directors whose terms had expired. Read the article…………………………….
New bill could pose problems for East County homeowners associations
Michael Miller worries that the passage of House Bill 1203 could have “unintended consequences” in his Country Club neighborhood and the East County community as a whole. The bulk of the 44-page bill, signed into law on May 31 by Gov. Ron DeSantis, pertains to the administration of homeowners associations — education requirements for directors […]
Colorado Supreme Court shoots down condo association’s lawsuit against Aspen for construction defects
The Colorado Supreme Court clarified on Monday that litigants may not use a judicial doctrine focused on breaches of contract to sue municipalities for negligently constructed housing, effectively sidestepping the broad immunity state law provides to government entities. The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause. […]
Florida Governor Signs Senate Bill 382 Into Law
After a very active legislative session, we report another legislative update impacting community association managers. Florida’s Governor signed Senate Bill 382, which deals with continuing education requirements and becomes effective on July 1, 2024. Our summary of the changes Read the article…………………………….
Vertical Subdivisions Receive Recognition in 2024 Amendments to the Condominium Act (FL)
This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple parcel building.” It provides for, among other things, statutory recognition of what is known in the industry as a “vertical subdivision,” a […]
2024 Public Policy Legislation (CO)
It has been quite some time since the HOA industry in Colorado has seen as much legislation as we saw this year! Of the 13 bills signed by the Governor, three pertain to public policy, which is a clear trend in legislative goals: HB24-1091 – Fire-hardened building materials, HB24-1152 – ADUs (accessory dwelling units), and […]
California appellate court upholds ruling on debt collection practices
Recently, the California Court of Appeal for the First Appellate District upheld a ruling against a defendant and its related entities. Plaintiff had filed a class action lawsuit against the defendants, alleging that they had violated the FDCPA and California’s Unfair Competition Law (UCL) in their debt collection practices related to homeowners’ association (HOA) assessments. […]
NJ Supreme Court Applies Law Against Discrimination to Emotional Support Animal Use in Housing
Requests by a resident to have an emotional support animal that would violate a housing unit’s occupancy agreement must be analyzed under the New Jersey Law Against Discrimination, the New Jersey Supreme Court has ruled. As is often the case in the employer-employee context, the Court’s decision in Players Place II Condominium Association, Inc. v. […]
Florida Law Shifts Control of Mixed-Use Common Areas
A legal fight is brewing over a new state law in Florida that gives developers more control over common areas in mixed-use buildings where residential condos share the premises with a hotel, among other uses. Mixed-use condo buildings aligned with prominent hotel brands that run them like resorts has been a popular business model in […]
New law means fewer restrictions for people in HOA communities (FL)
A new law takes effect less than a month from now that will impact people who live in communities in Florida governed by homeowners’ associations. The new law will mean significant changes for HOA residents. People who live in HOA communities typically have a strict list of dos and don’ts. Read the article…………………………….
Community Interest Legislative Changes 2024 (AZ)
There are several legislative changes from the Arizona Legislature in 2024 that could potentially affect your HOA or Condominium Association. Click the link below to read our summary of these changes. Legislative Changes 2024………….
SC Community Association Legislative Update – June 17, 2024
With the second regular session of the 125th South Carolina General Assembly now adjourned, it is time to look at where things are now that the session has ended. Over this most recent legislative session, South Carolina saw a number of bills potentially affecting homeowners associations and condominiums filed. Read the article…………………………….
After a Co-Op Board Settles a Lawsuit, Shareholders Can Ask for More Info (NY)
It’s a delicate dance when a co-op shareholder or condo-unit owner requests to see board documents. The board has an obligation to be transparent, yet it doesn’t want delicate information leaving the building and getting into the wrong hands. Read the article…………………………….
Understanding the New Law on Hurricane Protections for Homeowners’ Associations (FL)
Specifically, the new law states that all Florida homeowners associations, regardless of when they were first established, must adopt hurricane protection specifications for all of the structures and types of improvements located on a parcel within their community. Read the article…………………………….
Ex-Hilton Head POA treasurer convicted after embezzling over $200K from reserve accounts (SC)
With restitution finally paid, a former treasurer for a Hilton Head POA who was caught embezzling over $200,000 from the association’s reserve accounts will dodge jail time with a three-month probation sentence. The woman siphoned funds from the community for more than four years without raising any eyebrows. Read the article…………………………….
Laredo leaders address concerns over HOAs with new lawn watering rules (TX)
City Council adopted an ordinance for homeowners who may deal with strict restrictions by Home Owner Associations throughout the city as drought contingencies continue to affect Laredo residents’ lawn care. District VII Councilmember Vanessa Perez brought up the item at a recent meeting speaking on behalf of her constituents and others in the city who […]
Support Grows for Bill to Cut Carbon-Emission Fines for Co-Ops, Condos (NY)
At last, some good news for middle-class co-ops and condos struggling to comply with Local Law 97. A bill to soften the climate law’s sting has gained the support of 25 members of the New York City Council — just one vote shy of the majority that would push the bill through to passage. Read […]
DeSantis quietly signs controversial condo bill. Owners are already threatening to sue (FL)
Gov. Ron DeSantis on Friday quietly signed a controversial condominium bill into law that unit owners are already threatening to sue over if lawmakers don’t fix certain provisions next legislative session. Read the article…………………………….
Governor signs “Condo 3.0” into law, cracks down on wayward boards (FL)
A measure that provides new criminal penalties for misbehaving condominium boards is now law, after Gov. Ron DeSantis signed H.B. 2021 on Friday afternoon. The legislation was spearheaded by State Rep. Vicki Lopez, R-Miami, who held multiple meetings with condo owners who complained that associations were falling short of transparency objectives. One of the sessions […]
Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide Members with Copies of Covenants and Rules (FL)
On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law. Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows: Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter; […]
The Documents You Should Retain in Anticipation of 558 Litigation (FL)
Florida law provides condominium associations with a robust framework to recover damages from the developer and contractors for issues related to defective construction. Chapter 558, also known as Florida’s Construction Defect Statute, aims to encourage settlement of construction-related claims without resorting to litigation. However, litigation is sometimes unavoidable. Outlined herein are some of the essential […]
New Florida Law Requires HOAs to Provide Members with Association Rules and Covenants
Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, […]
Nonprofit Organizations Pay Over $5.8 Million to Resolve Allegations of Fraudulently Obtaining Pandemic-Related Loans (CA)
Multiple nonprofit organizations—including two private country clubs and two homeowners associations—have paid $5,809,021.60 to settle allegations that they violated the False Claims Act by knowingly submitting false claims and obtaining Paycheck Protection Program loans for which they were not eligible. Read the article…………………………….
New Requirements for Condominium Association on Inspections of Official Records (FL)
The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of […]
Does a Condominium Have a 115% Cap on Increasing Assessments? (FL)
The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from the previous year. Read the article…………………………….
Homeowner Association Architectural Review Standards (FL)
Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney. Read the article…………………………….
New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions
On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the clause beyond the traditional scope of third-party claims, meaning claims in which the party seeking indemnification has been sued by […]
Judge halts vote on Apple Valley POA bylaws amendment (OH)
Knox County Common Pleas Judge Richard Wetzel halted the voting Monday on an Apple Valley Property Owner’s Association bylaws amendment relating to short-term rentals. The amendment restricts short-term rentals of less than six months. The POA planned to announce voting results at its June 22 annual meeting. Wetzel granted a 30-day temporary restraining order (TRO) […]
Yes, new Florida law places limits on reasons HOAs can fine you
Homeowners’ associations oversee everything from what your yard or house can look like, to parking and noise. Florida has more HOAs than any state in the country, other than California. Roughly 45% of Floridians live in communities with an HOA which requires average payments ranging from $100 to $500 each month, according to this Miami […]
Illinois Legislature Approves New Accessible Parking Requirements: What Do Illinois Community Associations Need to Know?
On May 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” If the proposed legislation is signed by Governor Pritzker or not vetoed by Governor Pritzker […]
State Court used “Squatters’ Rights” in awarding sliver of land (AL)
Hidden between Phoenix East and Phoenix VIII is a slender building named Perdido Dunes. For many years Perdido Dunes has been using a two-and-a-half-foot strip of land owned by Phoenix Rentals. The long beachfront battle between Orange Beach condominiums has been settled, with the Alabama Supreme Court confirming a new tower is entitled to squatter’s […]
New Home Construction Issues: 26 Years After ‘Fumarelli’ (NY)
In this article, the authors, whose first jointly written article on new home construction was published 22 years ago, will cover developments, which have occurred over that span of time, regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à […]
Plaintiffs accuse homeowners association of negligence after dog attack (TX)
In a gripping case that underscores the importance of community safety and responsible pet ownership, two women have filed a lawsuit against a homeowners association and several residents following a dog attack. The complaint was lodged by Roxanne Roy and Elizabeth Hill in the Harris County District Court on May 29, 2024, targeting Towne Lake […]
Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers (FL)
Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers Read the article…………………………….
Political Signs and Candidate Visits – Be Aware of State Law (MN)
Minnesota Statutes Section 211B.045 identifies when noncommercial signs may be posted during an election year: All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and […]
Town opts to move forward with annexation process (FL)
The Windermere Town Council hosted a virtual workshop Tuesday, May 28, to discuss the possibility of annexing the Chaine du Lac community into the town limits. Although a consensus was reached by council members to move forward with the annexation, opinions were divided on whether a referendum for a vote by the town residents should […]
New Continuing Education Requirements for Florida Community Association Board Members Effective July 2024
Florida HB 1021 was passed into law and becomes effective July 1, 2024. The new law provides the following updated continuing education requirements for the officers and directors of Florida condominium associations: Read the article…………………………….
Condominium allowance to head to Leavenworth City Council (WA)
Following a varied public hearing, the Planning Commission moved to approve its proposed code amendments for condominium ownership within the Residential zoning districts during its June 7 meeting. The Planning Commission’s recommendations will ultimately go before City Council for deliberation and a vote. Read the article…………………………….
The Corporate Transparency Act – Ethical Issues with Reporting Requirements
The Corporate Transparency Act is a major new federal law that imposes strict reporting requirements on nearly all business entities in the US, including community associations. This new law is significant, as it will impact every community association and every individual homeowner who serves on an association’s board of directors. Compliance with this new law […]
Real Property — Condominium – Short-term rental (MI)
Where a plaintiff condominium association filed a complaint to enjoin the use of a condominium unit as a short-term rental, an award of summary disposition in favor of the defendant unit owner must be affirmed on mootness grounds since the unit has been sold. Read the article…………………………….