The sand traps at the Homestead Farms Golf Course are barely recognizable as such — visible from the patios of many residents in the adjacent Lynden subdivision, the bunkers are rocky and filled in with weeds, untouched by golfers and grazed over by a large flock of migratory wigeons. On the course, which has been […]
2025 Illinois Condo and HOA Legal Updates
KSN attorneys Omar Malik and Joshua Weinstein discuss important 2025 legal updates impacting Illinois community associations. Topics include changes to state law, federal law, accessible parking, native landscaping, board member responsibilities, best practices, and more Listen to the podcast…………………………..
Neighbors In A Tort Dispute Over Cutting Of Shrubs For A Better View Got Mixed Results (CA)
We have done many posts over the years on homeowner disputes, some involving HOAs-homeowners and some just between homeowners. With respect to many HOA disputes, there is a Davis-Stirling Act fee shifting provision which allows the prevailing party in a dispute to enforce governing HOA documents (usually CC&Rs) to recover mandatory fees. The thorny issue, […]
The Consequences of Failing to Maintain the Official Records (FL)
The following scenario happens all too often. A member makes a written records request to inspect the official records of the association and proceeds to provide a laundry list of documents that the member wants to inspect. In response, the association may arrange to have the member come to the property management office to inspect […]
765 ILCS 160/1-50: 4 Things Every Illinois Common Interest Community Association Board Needs to Know About Developer Turnover
Developer turnover is a pivotal phase for any Illinois Common Interest Community Association. 765 ILCS 160/1-50 of the Illinois Common Interest Community Association Act (“CICAA”) governs the requirements for transitioning a common interest community association from developer control to homeowner control. Ensuring a smooth transition requires preparation and an understanding of the legal requirements under […]
Colorado’s New ADU Laws and Their Implications for HOAs
Accessory Dwelling Units (ADUs), affectionately known as granny flats, in-law suites, or backyard cottages, are the talk of Colorado – because, really, who wouldn’t want their backyard to double as a thriving metropolis? As the state wrestles with an affordable housing crisis, ADUs are strutting onto the scene like knights in shining (albeit slightly cramped) […]
Foreclosures (CO)
Any attorney that represents homeowner associations will tell you that the Colorado legislature has unleashed a massive assault on associations over the last several years with respect to regulating the collection of delinquent assessments. However, no other area of collections has been affected to quite the same extent as the foreclosure of association liens. There […]
Construction Defect Litigation: Key Considerations for Every Association
Among the most feared phrases to be uttered in a common interest community is “construction defect.” A construction defect is generally defined as a condition resulting from a flaw in design, workmanship, or materials that reduces the value of a structure or threatens the safety of its occupants. Once identified, construction defects have to be […]
In ‘Case’ You Missed It: Alabama Supreme Court issues opinion clarifying the rules controlling nonprofit corporation governance
If you have ever been to the Flora-Bama, chances are you have passed by the Caribe Resort in Orange Beach, AL. The Caribe, like many beach resorts, is a condominium building containing individually owned residential units which collectively are overseen by a condominium association, a nonprofit organization that functions similarly to a homeowner’s association. The […]
What’s Ahead as Corporate Transparency Act Comes to a Crossroads
The recent whiplash regarding the validity of the Corporate Transparency Act (CTA)—it was enjoined just to particular parties, then enjoined nationwide, then un-enjoined, then enjoined again, while other courts let it stand—reflects the divisions among federal courts that have examined the law. This article explores some of those divisions, and addresses the timing and status […]
Florida condo crisis broader, more complicated, vulnerable to malfeasance, Senate panel told
Florida has made some progress on improving building safety, but there’s more lawmakers can and should do to address the problem while helping unit owners keep their property and avoid being taken advantage of by predatory contractors. That was the gist of a meeting the Senate Regulated Industries Committee held Tuesday with a panel of […]
Can condo owners expect relief in the 2025 legislative session? (FL)
A Democratic state senator from Tamarac plans to introduce legislation in Tallahassee aimed at easing the financial burden on condo owners, especially seniors, caused by a contentious new building safety law passed by the Florida Legislature in 2022. Read the article…………………………….
Michigan Court Rules in Favor of Right to Hire Property Manager (MI)
In a notable decision issued on October 10, 2024, the Michigan Court of Appeals in Neuman v Long Lake Shores Ass’n, No 368648 (Mich Ct App Oct 10, 2024) upheld a trial court ruling in favor of MAGWV’s association client in a contractual dispute brought by a group of residents. The plaintiffs had challenged the […]
Condo Owner Rips County on Building Energy Standards (MD)
Last week, when Council Member Kristin Mink joined Council Member Will Jawando in opposing the Planning Board’s Attainable Housing Strategies initiative, she recommended several alternatives in justifying her position. Among them was “supporting older condo buildings and townhouses with HOAs. Many of these properties are at risk of failing due to huge maintenance costs, often […]
Fair Housing and Emotional Support Animals
In Oregon and Washington, as in the rest of the United States, condominium associations and other housing providers are generally required to allow emotional support animals (ESAs) under certain conditions, even if their policies typically restrict pets. This requirement stems from the Fair Housing Act (FHA), a federal law that prohibits discrimination in housing based […]
Florida condo crisis broader, more complicated, vulnerable to malfeasance, Senate panel told
Florida has made some progress on improving building safety, but there’s more lawmakers can do to address the problem while helping unit owners keep their property and avoid being taken advantage of by predatory contractors. Read the article…………………………….
Florida Senate Signals Further Changes To Condominium Safety Laws
Florida lawmakers are signaling their willingness to revisit and potentially revise the state’s condominium safety laws, which have been criticized for imposing soaring costs on condo owners. Senator Jennifer Bradley, Chairwoman of the Senate Regulated Industries Committee, expressed a desire to “smooth the transition” for condominium associations struggling to comply with the laws passed in […]
Legislature to address condo reform in January special session (FL)
Gov. Ron DeSantis is calling the Legislature in for a special session later in January to address, among other issues, condominium reform. In a proclamation issued Tuesday afternoon, the governor says that the session is meant to address “challenges to ensure that Florida residents can continue to afford to live in their homes.” (Jan. 27) […]
As Special Session looms, Florida Policy Project spotlights dire need for action on condo assessment crisis
A new study finds more trouble among Florida’s robust condominium sector, with owners facing crippling financial demands and trying to offload their condos in a shaky market. The Florida Policy Project, a nonpartisan research-focused organization launched by former Sen. Jeff Brandes, has found through its latest research project and analysis that condo listings among properties […]
Do Tenants Have a Right to Ring Cameras? Courts Are Weighing In
Certain amenities in a dwelling have evolved from being considered luxuries to becoming essential, exemplified by the increased reliance on technology in the home. One particular technology that has grown in popularity is the doorbell camera, which has raised questions of how much a homeowners’ association (HOA) may regulate their implementation and use. While related […]
Florida’s Condo Safety Regulations in 2025: What Every Association Must Do to Stay Compliant
In the wake of recent condo safety concerns, Florida has implemented stringent regulations aimed at ensuring the structural integrity of older buildings. For condo associations, staying compliant with these laws is not only a legal obligation but also a critical step toward protecting residents and property values. Read the article…………………………….
Understanding Insurance Defense for Community Associations
Lawsuits against condominium, homeowner (HOA), and townhome community associations can be complex, costly, and time-consuming. For volunteer board members, receiving legal notices can also be an intimidating and stressful experience. Read the article…………………………….
Louisiana’s Planned Community Act Provides Clarity and Modern Legal Framework for Real Estate Development
From basic building restrictions to complex planned communities, Louisiana’s legal framework has struggled to keep pace with evolving market demands and homeowner expectations. Courts have wrestled with these evolving market demands by answering a variety of questions about building restrictions, including: Can building restrictions be imposed in perpetuity or are they required to have a […]
What should you do if the HOA sues you in Florida?
If you’re a homeowner in Florida and your Homeowners Association (HOA) has filed a lawsuit against you, it’s essential to stay calm and take immediate action. While it’s a serious situation, there are steps you can take to protect your rights and interests. Here’s what you need to know. Read the article…………………………….
Gov. DeSantis calls for Special Session to address post-Surfside condo safety costs
Gov. Ron DeSantis is calling for a Special Session later this month, and sharp increases in condo costs are high on the list of issues he wants state lawmakers to address. The Legislature passed new requirements in 2022 for condo associations to prevent another Surfside collapse, including heightened assessment demands and increased reserve funding. In […]
HOA regulation in Nevada ineffectual, captured by industry, critics complain
The state department that regulates homeowners’ associations is overly secretive, bogged down in minutiae that leaves little time for significant issues, and shies away from big-ticket enforcement while instead targeting “impoverished boards” and disruptive homeowners, say critics, including a member of the commission that regulates HOAs. Read the article…………………………….
Are Chickens Pets? Homeowners Association Pet Restrictions Brought to Legal Battle over Poultry in Sleepy Hollow Subdivision (GA)
A member of Sleepy Hollow Subdivision kept four chickens in their backyard. A neighbor complained saying having poultry violated the covenants. Are the chickens poultry or are they pets? Read the article…………………………….
Ballot Season: Kiawah Island Community Association Members to Vote on Five Amendments (SC)
The Kiawah Island Community Association’s (KICA) annual membership vote will open on Monday, January 13 at noon and will remain open for one month. This year, KICA members are voting to elect two new members to represent their interests on the board of directors. They will vote to approve or deny five vital amendments to […]
As Florida condo residents struggle with skyrocketing fees, lawmakers begin seeking solutions
Florida lawmakers will try this year to find some relief for condo residents dealing with the soaring cost of fees to be in compliance with stricter inspection laws. After the fatal collapse of the Surfside Condo building in 2021, lawmakers passed a bill mandating stringent structural inspections and increased financial reserves for repairs, escalating costs […]
Colorado lacks condos. Business leaders think this reform would help
Lawmakers will likely try again to make changes to Colorado’s Construction Defect Action Reform Act in the upcoming legislative session after a reform bill failed last year. The act, passed in 2001 and enacted in 2003, created a framework to solve disputes related to construction defects — flaws in the design or craft of a […]
Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts (CA)
Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to such a question can be quite murky at times. However, a recent California […]
Louisiana’s Planned Community Act Provides Clarity and Modern Legal Framework for Real Estate Development
From basic building restrictions to complex planned communities, Louisiana’s legal framework has struggled to keep pace with evolving market demands and homeowner expectations. Courts have wrestled with these evolving market demands by answering a variety of questions about building restrictions, including: Can building restrictions be imposed in perpetuity or are they required to have a […]
Summary Judgment Remanded Due to Disputed Facts on HOA’s Right to Enforce Building Restrictions (NJ)
In a recent case from the New Jersey Appellate Division, the Court remanded an order granting summary judgment, finding that the record contained disputed material facts where a property owner contested a homeowners’ association’s authority to enforce building height restrictions. Read the article…………………………….
PA Annual Reporting Requirements for HOAs and Condominium Associations
Many community associations, which include HOAs and condominiums, will recall filing decennial reports with the Pennsylvania Department of State in 2021 to prove their continued existence. This reporting requirement has since been replaced with more recent law requiring that not-for-profit corporations report more information, more frequently. Read the article…………………………….
Senate committee to discuss condominium owner issues in upcoming panel discussion (FL)
A Senate committee next week will hold a panel discussion about issues affecting condominium owners and associations, as many residents grapple with increased costs. The Senate Regulated Industries Committee will hold the discussion Jan. 14, according to a Senate calendar. Read the article…………………………….
Special session on condo relief still needs consensus as costs continue to rise in Florida (FL)
Pressure is mounting on Florida lawmakers to address the rising costs for condo owners. A special session of the legislature could potentially provide a solution, but currently, the Florida House, Senate, and governor cannot agree on the necessary actions. Read the article…………………………….
NYC Condo Owners Bear Costs of Landmark Green Building Law
New York City residents, already grappling with some of the country’s highest housing prices, face extra costs to comply with a law mandating greenhouse gas emission cuts at their buildings. Read the article…………………………….
2025 Legislative Update (CA)
Assembly Bill 2460 is intended to clarify the 2023 AB1458, which created a method of reducing quorum to 20% of the association’s voting power. Applicable to the regular or recall director elections, this bill eases the quorum restraints that previously prevented the election of new directors. Read the article…………………………….
NYC Condo Owners May Bear Costs of Landmark Green Building Law
New York City residents, already grappling with some of the country’s highest housing prices, face extra costs to comply with a law mandating greenhouse gas emission cuts at their buildings……The bill is starting to come due for many property owners throughout the five boroughs that must make significant capital upgrades to comply with Local Law […]
Can an HOA in SC give you a real speeding ticket? Here’s what state law says
Do you sometimes drive a little too fast on the way to work or to get home at the end of a long day? Make sure to watch your speed in HOA neighborhoods, as some posted speed limits can result in hefty fines if violated. Read the article…………………………….
DeSantis says it’s time for special session to deal with condo crisis (FL)
Governor Ron DeSantis said he believes a special session of the legislature is now needed to deal with the state’s “condo crisis.” After a condo collapse in Surfside, new state laws went into effect requiring condo associations to have mandatory inspections and fix any structural problems that were discovered. Read the article…………………………….
Heron Cove Association loses state appeal in lake restoration case (MI)
Michigan’s Court of Appeals upheld the imposition of special assessments on properties near Wixom, Sanford, Smallwood, and Secord Lakes to fund dam repairs and lake restoration. The unanimous decision, issued Monday, Jan. 7, concluded that the Midland and Gladwin County Boards of Commissioners, along with the Four Lakes Task Force, acted within their legal authority […]
New California Laws of “Interest” to Common Interest Developments
In addition to the Corporate Transparency Act, the California State Legislature passed new laws that will impact common interest developments. AB 2159: Amends sections 5105, 5110, 5115, 5120, 5125, 5200, and 5260 of the Davis-Stirling Act (Civil Code) with regard to elections. Read the article…………………………….
6 Suggestions For Homeowners Associations To Mitigate Their Exposure to Potential Liability
A recent case reported in Virginia Lawyers Weekly highlights the significant financial risk to homeowners associations (“HOAs”) when sidewalk maintenance is neglected. In this case, a resident tripped on an uneven sidewalk—maintained by the HOA—and suffered severe injuries. The injuries required surgery and 10 months of treatment, resulting in $200,000 in medical expenses. The plaintiff […]
Ringing in the new year with new laws for boards (IL)
…….with the new year, there are often new laws from Springfield and/or Washington D.C. that affect community associations. This year is no different. Here is a very brief list and description of some more important laws that will affect either condominiums, townhouses or homeowner associations. There are certainly other new laws the affect associations and […]
Deadlines Loom to Offset Renovation Costs With New J-51 (NY)
The clock is ticking for boards hoping to take advantage of the newly passed J-51 rules to offset their co-op and condo renovation costs. With the mayor’s signature on December 18 setting the new legislation into law, boards face a tight timeline: applications must be filed within four months of either the law’s effective date […]
The Legal Process of Judicial Foreclosure for HOAs (TX)
Homeowner associations (HOAs) play a crucial role in maintaining property values and community standards. However, when homeowners fall behind on their assessments, it can trigger a cascade of legal actions, potentially culminating in foreclosure. Read the article…………………………….
Understanding the Statute of Limitations on HOA Assessments (TX)
Navigating the complexities of homeowner association (HOA) regulations is a daunting task, especially when it comes to assessment disputes. At Manning & Meyers, we understand the challenges homeowners associations face in the Dallas area and beyond. With our deep-rooted expertise in HOA law, we’re here to shed light on the statute of limitations concerning HOA […]
Condominium Association’s Refusal to Pay for Unit Modification Is Not Handicap Discrimination (MA)
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an individual unit owner’s handicap modifications to a patio that was exclusively dedicated to the plaintiff’s unit but considered common area […]
Reforms to new condo safety law may be coming (FL)
The big issue with condo regulations that Florida lawmakers will look at this year pits two realities against each other. One is the fact that condo buildings, especially ones built more than 30 years, require expensive and consistent maintenance. The other is that many people who own condos in the Sunshine State are on limited […]