Over the years, owners and contractors were frequently shocked to learn that there was no insurance that could cover damage caused by inadvertent defective construction. However, that all changed on November 30, when the Illinois Supreme Court, in Acuity v. M/I Homes of Chicago, LLC, aligned Illinois law with the modern trend followed by most […]
Tort Immunity in New Jersey Community Associations (NJ)
The word “immunity” can conjure up many feelings, especially after living through the past few years of COVID-19. This is somewhat ironic because a different type of immunity became a flashpoint for community associations at the during the pandemic – tort immunity. Read the article…………………………………
Little Known Provisions in CCIOA and the Nonprofit Act (CO)
The Colorado Common Interest Ownership Act (“CCIOA”) and the Colorado Revised Nonprofit Corporations Act (“Nonprofit”) are the two primary statutes governing common interest communities in Colorado. These statutes are long, complex, and contain provisions many people are not familiar with, and, frankly, may not care about. Read the article……………………………….
Do Condo Unit Owners Have First Amendment Rights in Illinois?
The answer to the above question about condominium unit owners’ first amendment rights is absolutely yes. Section 18.4 of the Illinois Condominium Property Act provides that no rule or regulation may impair the rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article 1 of the Illinois […]
The Effect of Section 720.3045, Florida Statute on Homeowner Association
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]
Navigating the CTA: A Guide for Condos and HOAs to comply with the Corporate Transparency Act (MI)
The Corporate Transparency Act is a federal law that was enacted in 2021 to stop individuals in foreign countries from illegally moving money into the United States. The Corporate Transparency Act creates new reporting requirements for certain types of corporate entities in the United States. The Federal Crimes Enforcement Network (“FinCEN”), is the federal agency […]
2023 Uniform Law Commission Joint Editorial Board for Uniform Real Property Acts Update
The Uniform Law Commission (ULC) provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Currently, six joint editorial boards are appointed by the ULC in various subject areas. Each of these subject-matter boards are responsible for monitoring new developments and presenting recommendations for relevant […]
Court of Appeals rejects Village of Oak Creek STR ban (AZ)
The Arizona Court of Appeals has ruled that the Village of Oakcreek Association cannot retroactively impose its 2016 ban on short-term rentals on property owners who acquired title to their property prior to the ban, reaffirming an earlier decision that defined STRs as a residential rather than a business use. Read the article…………………………
Court Upholds Association’s Decision to Refrain from Enforcing Covenant (WA)
In a recent unpublished Washington Court of Appeals opinion, a lot owner had sued his homeowners association and contended that it had a duty to take certain actions with regard to parking enforcement. Read the article………………………………
Ohio Panel Disqualification Reversal
In a dramatic twist echoing the thrill of a courtroom drama, an Ohio appellate court has unleashed a pivotal decision in a high-stakes legal skirmish between a homeowners association and a management company. The court, with a gavel of justice, struck down a lower court’s move to disqualify a defense attorney, a decision reverberating through […]
Condos and Coops are Impacted by Fannie Mae and Freddie Mac Changes
Government backed mortgage lenders, Fannie Mae and Freddie Mac, issued temporary project review requirements relating to significant deferred maintenance in condominiums, co-ops, and similar developments. To assess a project’s eligibility, Fannie Mae and Freddie Mac each promulgated a standardized “Condo Project Questionnaire Form” to obtain information related to significant deferred maintenance, the plan for addressing […]
A Guide to Georgia Property Owners’ Association Act (POAA)
The Georgia Property Owners’ Association Act (POAA) is a Georgia statute that provides for rights and authority that a homeowners’ association (HOA) can elect to be governed by in addition to its community-specific governing documents. The POAA was enacted to provide HOAs with powers and procedures, similar to the Georgia Condominium Act that governs condominium […]
Court strikes Carillon associations’ bid to buy condo-hotel’s spa and pools, grants them common areas (FL)
The Carillon Miami Wellness Resort condo associations lost their legal battle to purchase the spa, pools and other portions of the oceanfront mixed-use complex. Read the article……………………………….
What Board Members Should Know About the Corporate Transparency Act
Being a member of a condominium or homeowners’ association board of directors has its challenges. One of those challenges is keeping up with new information related to community associations and board responsibilities on the state and federal level. This blog covers new federal reporting requirements for both condominium and homeowners’ association board members. Read the […]
New CA law allows homeowners to sell their ADU similar to a condominium
A new California law opens the door for homeowners to sell an ADU in their backyard. Supporters said this will create more affordable housing, but not everyone is convinced it will work in San Diego Read the article……………………………..
2023 Arizona Legislation
HB2251 – which amends A.R.S. Section 33-1253 of the Condominium Act (it does not apply to Planned Communities) was signed by the Governor on 06/19/2023. This new law will impact insurance coverage and insurance claims in Arizona Condominiums, HB2298 – which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) […]
HB23-1105 (CO)
Pursuant to House Bill 23-1105, signed into law on May 24, 2023, an HOA Task Force is to be appointed by August 1, 2023, to examine issues regarding homeowners’ rights and to perform other duties as noted in the new law. Each homeowner association in Colorado is required to notify owners about this task force. […]
Federal Housing Administration Proposes New Enhancements to Home Equity Conversion Mortgage Program
Allowing outstanding homeowner’s association dues to be included in the calculation of a repayment plan for borrowers who are behind on their HECM financial obligations; Read the article……………………………..
Hawaii Supreme Court Rules Insurers Can’t Recoup Defense Costs from Insureds
An insurer cannot seek reimbursement from its insured for the cost of defending a lawsuit after learning that no coverage was owed unless the policy says it can, the Hawaii Supreme Court ruled. Read the article……………………………….
Florida lawmakers could examine enhanced regulations for condominiums
Florida lawmakers might take a look at enhancing regulatory powers over the state’s massive condominium industry. The Florida Senate Committee on Regulated Industries held a panel Tuesday to discuss condominium governance and regulation. Read the article………………………………
HOA Electronic Voting and Bylaws
An election for the Flagship Wharf Condominium Association’s board was upcoming. Members were told they could vote in person at the meeting, by directed proxy, or electronically through a unique link sent to each Unit. One of the candidates asked the board to amend the association’s Bylaws to explicitly allow for members to vote electronically […]
Challenges: Condo Boards and the Duty to Maintain Common Elements (NY)
In a recent legal battle, LiNQ1, LLC found itself at odds with 170 East End Condominium and its Board of Managers over allegations of negligence, breach of contract, and more. This case, indexed as No. 154594/16 Appeal No. 953 Case No. 2022-04598, serves as a cautionary tale for New York condominium boards, emphasizing the importance […]
Ohio bill allowing ‘unapproved’ flags in HOA, condo communities called unconstitutional
A dispute over an Israeli flag hanging outside of a New Albany condo is revealing government attempts to block homeowner associations in Ohio from banning certain flags. While legal experts say the First Amendment does not apply to an HOA or COA prohibiting some flags from flying, violations do occur when state lawmakers try to […]
‘Grossly out of proportion’: HOA can’t tear down noncompliant homes (VA)
The Western District of Virginia held that it would be “grossly out of proportion” to allow a homeowner’s association, or HOA, to destroy three homes that were built without approval of its architectural review board that didn’t exist at the time. Read the article…………………………………
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
Banning Short-Term Rentals: A Guide to Local Law 18 (NY)
Short-term rental platforms, such as Airbnb and VRBO, are a thorn in the side of many co-op and condo buildings in New York City. With the recent passage of Local Law 18, often referred to as the short-term rental registration law, boards are getting some welcome relief. The law primarily targets three key entities: the […]
2024 Legislative Update (CA)
Assembly Bill 572 is concerning as it directly impacts an association’s ability to increase regular assessments. Fortunately, this statute only affects associations whose original declarations are recorded on or after January 1, 2025. Read the article………………………………
Condo Column: A Hidden Danger
About two years ago in Michigan, which becomes relevant to New Hampshire by the end of this column, there was damage to a condominium that was covered by the Association’s Master Policy. After the deductible, the check to be paid by the carrier to the Association was $40,000.00. All was going to be good. Then […]
2023 Legislative Report and 2024 Legislative Forecast for Community Association Manager Licensing
Occupational or professional licensing, also called licensure, is a form of government regulation requiring a license to pursue a particular profession for compensation. Government regulation of professions is typically at the state level. Read the article……………………………….
Florida Legislative Update: Key Laws Affecting HOAs, Condos and Cooperatives
With Florida legislation shifting frequently, condo and HOA boards should be aware of the various new laws adopted by the State of Florida that are likely to impact how their communities function or otherwise operate. The following is a short summary of several of the recently adopted bills that focus on governance in associations: Read […]
New law protects Thin Blue Line flags after Union County HOA prevented former officer from flying it (NC)
Union County residents now have the right to fly first responder and military flags after a homeowners association asked residents to remove all flags that didn’t represent an official county. Read the article…………………………………….
New Arizona law gets rid of certain parking rules in HOA communities
A new bill recently passed by the state Legislature requires ungated communities with a homeowners association to decide whether to keep their existing parking restrictions. The new bill only applies to parking rules that were established before January 2015. Read the article…………………………………
Update on HB23-1105 Homeowners’ Rights Task Force (CO)
The first meeting of the Homeowners’ Rights Task Force occurred on October 24, 2023. At this initial meeting of the task force, brief discussion occurred about such topics as HOA manager licensing, options for resolving association disputes with homeowners that would be outside of the traditional lawsuit actions, the HOA budgeting process and potential reform […]
Homeowner group doesn’t like what it sees coming out of Tallahassee or Washington DC (FL)
Eliott Rodriguez spoke with members of the Kendall Federation of Homeowner Associations about the pressing issues they felt weren’t being addressed. Watch the news report…………………………….
Florida Court Affirms Foreclosure Judgment for HOA
Florida’s Fourth DCA has affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the Association) awarding more than $87,000 for delinquent assessments, interest, late charges, costs, and attorneys’ fees. Read the article………………………..
Michigan Bill Could Stop HOAs from Blocking Home Chargers
Homeowners associations could be prohibited from blocking energy efficiency upgrades – from rooftop solar panels and home EV charging to rain barrels – under a new proposed bill in the Michigan House. Read the article………………………………
Michigan Condominium Act Amendments: Enhancing Financial Transparency and Security for Condo Associations
In an effort to strengthen the financial stability of condominium associations in Michigan, the state legislature has introduced a bill to amend the Condominium Act of 1978. This amendment, specifically targeting section 105 (MCL 559.205), aims to enhance the financial accountability and security of condo associations across the state. Read the article……………………………
How to Handle New Construction Defects (NY)
When buying a condo apartment in a new construction, it’s very likely the building will have some defects, whether it’s issues with the roof, the elevator or amenities. Defect claims occur in about 90% of new construction condos in New York City, and approximately 30% to 40% of these end up in litigation. Read the […]
HOA Homefront: Do We HAVE to Zoom, readers ask? (CA)
Q: I’m still confused about holding board meetings. We use Zoom for our meetings as we have no convenient place to meet in person. Is it a hard and fast rule that we must hold an occasional in-person meeting somewhere? If so, what if I offered to meet with any homeowners at the pool to […]
Washington appellate court hears dispute over state yard sign law
Under Washington state law, a homeowner association can’t ban people from displaying political yard signs before an election. But the law doesn’t specify if there’s a time limit on how long before. Read the article………………………………
Condominium Association Funds and Capital Projects: Walsh v Hawthorn Hills Owners of Rochester, Inc. (MI)
Boards of Directors of community associations are often charged with the responsibility of maintaining the capital assets of the corporation and administering the community itself. This responsibility involves difficult decisions regarding the spending and raising of association funds, especially when it comes to capital improvement projects. Read the article…………………………….
Politics on Display: Regulating Political Signs in Indiana HOAs
Election Season is upon us, and with the presidential elections approaching in 2024, it is a good time for Indiana community associations to review their policies with regard to political signs. Many community associations have specific sign prohibitions in their governing documents; however, Indiana Code 32-21-13 makes specific exceptions for political signs during an election […]
Update from Austin: 88th Texas Legislature Special Session 3
The third special session for the 88th Texas Legislature called by Governor Greg Abbott began on October 9th. The Governor set out the issues that can be brought forth for this session in a proclamation. Those issues include: education freedom, border security, public safety and property ownership. The bill property owners associations are watching is […]
New Florida Law Prohibits HOAs From Regulating Some Backyard Storage, Installations or Displays
A new Florida law that was enacted earlier this year and is now in effect addresses the storage, installation or display of certain items in the backyards of homes located within HOA communities. Read the article……………………………
Court won’t order owners to destroy houses (VA)
Where a homeowners’ association argued the court should order homeowners to tear down houses allegedly built in violation of the association’s covenants and restrictions, the court refused. Demolition of their homes would be grossly out of proportion with the relief sought. Read the article………………………………..
The Tennessee Short-Term Rental Unit Act
The Tennessee Short-Term Rental Unit Act plays a pivotal role in regulating short-term rentals. This legislation defines how local governments can regulate short-term rentals in their municipalities and guides grandfathering existing rentals. What this Act does not affect, though, are homeowners associations and condominiums. Read the article……………………………….
New bill would require community donations from Florida homeowners’ associations
A new bill filed in the Florida Legislature could change how homeowners associations operate and require them to donate money to their surrounding communities. House Bill 173 is sponsored by state Rep. Kimberly Daniels, D-Jacksonville, and is aimed at nonprofit organizations that operate residential homeowners’ associations. The bill would amend Florida law stipulating specific requirements […]
Florida’s new Homeowners Association laws explained, How to find your HOA’s rules and regulations
Floridians who live in subdivisions condo buildings and other communities with homeowner associations (HOAs) now have laws protecting their right to know what their dues are getting them. Read the article………………………………..