A judge denied Mauna Kea Resort Services’ request for an injunction Wednesday, ordering that organization to enter mediation with another community association. The Uplands at Mauna Kea Association filed suit last month against Mauna Kea Resort Services, an umbrella organization for several other resort homeowners associations, alleging the company had fraudulently withheld millions in common […]
SF 2312 Condos and Co-ops Bill (IA)
The bill clarifies that the terms, conditions, covenants, and provisions of the documents creating and regulating a multiple housing cooperative or horizontal property regime (condominium) continue and remain in full force and effect for so long as the coop or condominium is in existence, unless amended Read more……..
Judge rules against Eldorado (NM) chickens; birds must be gone by Sept. 30
If your neighbor’s house has knee-high grass, dilapidated siding or a car up on blocks in the backyard, don’t wait until you’re ready to put your house on the market to try to get theirs fixed up, said Janet Johnson, supervisor of the Office of Community Engagement for the city of Wichita, Kan. […]
Bill would protect California homeowners association members who reduce water use for landscaping
A bill moving through the Legislature protects people in homeowner associations from retribution if they take steps to reduce water use for landscaping. Read more………
Provisions in CC&R’s Requiring Arbitration of Claims Against Developers by Homeowners Associations or Owners Are Not Enforceable (CA)
In Villa Vicenza Homeowners Ass’n v. Nobel Court Dev., LLC, No. D054550 (4th Dist. Jan. 11, 2011, the Fourth District of the California Court of Appeal held that a provision in a declaration of covenants, conditions and restrictions (CC&R’s) that required a homeowners association (HOA) and homeowners to arbitrate claims against the developer are not […]
Disaster Planning: New Law (NJ) Mandates Over 55 Communities to Maintain Emergency Building Operations Plans
On January 13, 2014, New Jersey Governor Chris Christie signed into law P.L. 2013, Ch. 186 (A-3625/S-2343), which requires age-restricted multiple dwelling owners – including certain condominiums and homeowners associations – to annually prepare and maintain emergency building operations plans. Read more………
Michigan Court of Appeals rules mortgagees responsible for condominium assessments from date of sheriff’s sale
In Wells Fargo Bank v. Country Place Condominium Association, the Michigan Court of Appeals addressed an issue of first impression and resolved an issue that had been disputed for many years in Michigan between condominium associations and banks. The case involved a dispute as to when the mortgagee bank, which was also the purchaser at […]
Management Company Transparency Bill Headed to Governor Hickenlooper’s Desk! (CO)
On a vote of 53 to 11 (with one representative excused), the Colorado House of Representatives just voted to approve the Senate amendments to House Bill 14-1254 (“HB 1254”). The next stop for HB 1254 is Governor Hickenlooper’s desk where we fully expect he will sign the bill into law. Once that happens, HB 1254 […]
HOA Records Bill Signed Into Law (CO)
During a bill signing ceremony today, Governor Hickenlooper signed House Bill 14-1125 (“HB 1125”) into law. HB 1125 will go into effect on August 6th and fixes an inadvertent oversight in the HOA records law which has made it impossible for HOAs to include in membership directories the telephone numbers and email addresses of owners […]
Management Company Transparency Bill Easily Clears the Senate!
This morning, House Bill 14-1254 (“HB 1254”) was passed by the Senate on 3rd reading on a 32 to 3 vote. The bill, which was amended in the Senate to require that fees and charges be included in a management contract to be enforceable, is now headed to the House for concurrence with the Senate […]
Broader Understanding of Condominium Fees Hasn’t Ended Disputes over Offsets
Court decisions usually attract our attention because they break original legal ground by creating new precedents or overturning existing ones. But sometimes a decision stands out because it demonstrates that a legal principle established at the appellate level is gaining acceptance and traction closer to ground level in the courts below. Read more………
Condo board loses suit over ailing tenant’s air conditioning (NY)
Manhattan Supreme Court ruled in favor of an ailing 73-year-old man who accused the co-op board at 200 Central Park South of barring him from installing a state-of-the-art air-conditioning system in his unit. Read more……..
Website raises legal questions about homeowners and tenants hosting travelers
Orsi says the problem is that lawmakers did not foresee the complications that arise in a shared economy model, nor did they anticipate the kinds of collaborative relationships being formed with companies like Airbnb. She believes that people should have the chance to earn money from sharing goods and services—even their homes. But these kinds […]
Top 10 condo law cases of 2013 (Canada)
In response to popular demand, here are our picks, presented in no particular order. Almost all of them have at least one lesson that can and should be picked up by the ongoing Condo Act Review being undertaken by the Ontario Government. A new condo act that deals with some of the persistent problems we […]
Management Company Transparency Bill Easily Clears the Senate! (CO)
This morning, House Bill 14-1254 (“HB 1254”) was passed by the Senate on 3rd reading on a 32 to 3 vote. The bill, which was amended in the Senate to require that fees and charges be included in a management contract to be enforceable, is now headed to the House for concurrence with the Senate […]
Two Condo Bills Introduced In The Ct General Assembly
Two condo proposals were recently introduced in the General Assembly. The Connecticut Condo Owners Coalition will be testifying about our position on these proposed legislation at Monday’s hearing. A full copy of our testimony will be posted. Read more………
California Bills Seek to Protect Tenants From Condo Conversion Evictions
Dean Preston with Tenants Together says the Ellis Act was intended to help long-term landlords sell their properties. He says as it’s used now the act only helps people who want to convert low rent apartments into high rent condominiums. Read more…….
Illinois Supreme Court Reaffirms Forcible Entry Remedy, Reversing in Spanish Court Two Condominium
One of the two most anxiously awaited cases on the Illinois Supreme Court’s civil docket was handed down this morning, and it was a big win for Illinois condominium associations: a sharply divided Court reversed the controversial decision of the Appellate Court’s Second District in Spanish Court Two Condominium Association v. Carlson. Our detailed summary […]
Cars must go in garage, judge says (NE)
Flowers ruled that Horner and others were barred, by the covenant, from regularly or routinely parking, storing or leaving vehicles in the driveway. But she also prohibited Bishop Square from towing any vehicles parked, stored or left in Horner’s driveway. Read more……..
Management Company Disclosure Bill Clears Senate (CO) Local Government Committee!
HB 1254 requires managers and management companies to disclose during negotiations on management contracts, and thereafter on a yearly basis, the fees and charges imposed as part of their management of associations and any other remuneration received as a result of the relationship which managers and management companies have with their associations Read more………
HOA Records Bill Headed to Governor Hickenlooper! (CO)
If signed into law, HB 1125 will go into effect on August 6, 2014. HB 1125 permits an association to publish email addresses and telephone numbers of members and residents of the association, if those members or residents first provide written consent to their association to publish this information. Read more…….
Law Change – HOA Minutes (WA)
Substitute House Bill 2567, prime sponsored by Representative Hans Zeiger (R-Puyallup) has been signed by Governor Inslee and takes effect June 11. The new law requires homeowner associations under RCW 64.38, to make meeting minutes from the previous association meeting available to each owner for examination and copying within sixty days after the meeting. […]
Directors’ Bankruptcy Does Not Relieve D&O Insurer of Obligation to Defend
The bankruptcy of insured directors did not relieve the insurer that had issued a directors and officers (D&O) endorsement to a commercial general liability (CGL) insurance policy of the obligation to defend or indemnify them, even where they had been dismissed from the lawsuit, an appellate court in Wisconsin has ruled. Read more…….
Court Of Appeal Reaffirms Ruling Making Condominium Association Foreclosures More Costly
Last week, the Florida Third District Court of Appeal dealt the final blow to an often-used strategy by condominium associations. In the second iteration of Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D13-1437, the Third DCA confirmed its prior ruling that a third-party purchaser who takes title to a condominium unit […]
Stephen M. Marcus Has Been Elected President-Elect of the College of Community Association Lawyers
Stephen M. Marcus has been elected President-Elect of the College of Community Association Lawyers and will serve as 2015 CCAL President. CCAL is a prestigious organization with fewer than 150 attorneys admitted nationwide. Members of the College are among the most respected community association attorneys in the country. Read more………
Judge orders mediation in suit (CO)
The litigation was filed last year following what plaintiffs say was an illegal election violating POA declarations, bylaws and state election laws. Read more……..
(NY) Court Affirms Condo Board’s Right to Compel Sale
A condominium board can compel an owner to sell his Columbus Circle apartment to a neighbor instead of a preferred outside buyer, thanks to a common provision in condo bylaws, a state judge has ruled.
Idaho Senate Bill 1310 to Positively Impact Idaho Homeowner and Condo Associations
In order to address the issue of homeowner association fines in Idaho, Senate Bill 1310 represents the beginnings of a promising effort. This bill, with Senator Rice as the driving force, will streamline existing government regulations, reduce red tape, and minimize bureaucratic waste. Read more………..
Condo board suit over gym lease goes to court
The landlord of a Tribeca condominium building blocked from leasing space to Crunch Gym is heading to court next week to fight a temporary restraining order brought by the building’s board of managers. Read more…….
(VA) General Assembly could give Homeowner Associations more authority
While different versions of the bill have passed the House and Senate, the bill is currently in a conference committee, where an unusual alliance is beginning to form between liberal Democrats and Tea Party Republicans, groups that are concerned about property rights. Read more……..
(VA) State Senate: Solar panels should be allowed in HOA communities
Solar panels could become commonplace across the Commonwealth, if a bill patroned by Sen. chap petersen is signed into law. The House of Delegates voted to pass SB 222 today, sending the bill through its final legislative hoop before going to the governor for his signature. The House vote was 95-4. Read more……..
VA Supreme Court Denies OpenBand Appeal Petition
The Virginia Supreme Court has denied OpenBand’s petition to appeal the dismissal of its $50 million lawsuit against the Board of Supervisors, two supervisors individually and two HOA boards for communities receiving services from the Dulles-based telecommunications company. Read more…….
Two HOA-Related Bills Dead For the Session (CO)
Two bills that would have negatively impacted HOAs in Colorado are dead for the session. Here is what you need to know: Read more…….
Virginia lawmakers bicker over HOA bill: ‘George Orwell is rolling over in his grave’
Lawmakers in Virginia are under fire for a bill they say curbs powers of homeowners associations, as those opposed to the measure claim it does the exact opposite and could even lead to homeowners losing their electricity for infractions. Read more…….
Homeowner Association – Easements (VA)
Cases involving HOA powers are frequently fact specific and governing document specific. Recently, the Frederick County Circuit Court decided a case in which a homeowners association was held in violation of the homeowners association’s restrictive covenants and liable for compensatory damages and attorneys’ fees because it removed a wall on a homeowner’s property. Read […]
Warrender v. Gull Harbor Yacht Club, Inc (NC)
Although restrictive covenants only allow the defendant-yacht club to rent out boat slips until those slips are needed by property owners, since there was no indication that any property owner had requested access to one of the leased boat slips, the yacht club’s 99-year leases of the slips did not violate the restrictive covenants.
Calif. Court Revives Condo Owners’ Suit Over $17.5M Lien
A California appeals court on Wednesday partially revived a lawsuit brought against developer Wilshire Landmark LLC by condominium unit owners who say Wilshire exposed them to the liability on a $17.5 million mechanics lien, holding that the owners only needed to show some form of economic injury. Read more…….
Lender liability for assessments in Florida
Foreclosing lenders in Florida frequently take title to properties that are subject to homeowners’ and condominium association assessments. Just as frequently, the newly-titled lender is presented with a bill from the association for past-due assessments that accrued during or preceding the foreclosure action. These demands are based on widely misunderstood Florida statutes governing liability for […]
Rewritten Transfer Fee Bill Sails Through the House! (CO)
House Bill 14-1254 (“HB 1254”) has just cleared the Colorado House of Representatives and will soon be introduced in the Senate. HB 1254 was heard last Thursday in the House Business, Labor, Economic & Workforce Development Committee. After extensive testimony on the bill by CAI members and illuminating questioning led by Representative Chris Holbert (R-Douglas […]
Homeowner association bill advances (CO)
The Colorado House gave a preliminary nod to a bill Tuesday that would allow homeowner association boards to have a say in any fee increases from their management agents. The measure, HB1254, is designed to fill a hole in changes the Legislature made last year to HOA managers to ensure the boards that hire them […]
HOA reform measure delayed (VA)
An anticipated state Senate battle over Virginia’s community association law was delayed if not averted Monday. Despite previous efforts to find common ground and a series of tweets by advocates, debate on homeowner association reform was postponed. Read more……
North Carolina Case Law Update: Community Covenants’ Impact on Club Operations
This decision illustrates the importance of reviewing and considering the impact of restrictive covenants on operations of a club or marina before acquiring or restructuring it. The Court ruled on a number of issues related to the restrictive covenants in a residential community in litigation between the yacht club in the community and the lot […]
Transfer Fee Disclosure Bill Unanimously Passes to Committee of the Whole (CO)
After extensive testimony in the House Business, Labor, Economic, and Workforce Development Committee this afternoon, the HOA transfer fee bill (HB14-1254) passed out of committee, with no amendments, for consideration by the House of Representatives. Read more……..
Proposed law to make it easier for Hawaii condo boards to fire management companies
A bill pending in the Hawaii Legislature would make it easier for condominium boards in the Islands to fire their buildings’ managing agents. As it stands now, many condo boards require up to 80 percent of owners to consent to discharging the condo’s management company. Read more…….
Recent Rulings Provide Some Relief for Associations Contending with Bankruptcies by Unit Owners
I have written several articles in this blog about the challenges that community associations are facing with unit owners who file for personal bankruptcy and utilize what is known as the “lien stripping” provisions of the bankruptcy code to avoid pre-bankruptcy maintenance assessment arrears due to their associations. Read more……..
HOA Records Bill Clears Colorado House of Representatives
House Bill 14-1125 (“HB 1125”), introduced in the House of Representatives by Representative Diane Mitsch Bush (D-Steamboat Springs), has cleared the House with no amendments and was introduced just yesterday in the Senate and assigned to the Senate Local Government Committee. Read more………
Nielsen introduces drought relief legislation for homeowner association communities (CA)
For residents living in communities governed by homeowner associations, this means that they could be caught between breaking the water reduction mandate to comply with their covenants, conditions and restrictions to keep their lawns greens or pay their HOA potentially hefty fines. To relieve homeowners of this dilemma, Sen. Jim Nielsen, R-Gerber, introduced Senate Bill […]
Midtown Manhattan Condo Board Files Suit Over 8,000-Gallon Oil Spill
The Sheffield 57, a nearly 600-unit condominium at 322 West 57th Street in Manhattan, has sued its managing agent, an engineering firm and others following the accidental discharge of thousands of gallons of heating oil after what the condo board called “a series of missteps that created a ‘perfect storm’” causing $3 million in damages, […]
Firm Obtains Court Order Discharging Mortgage from Penthouse Unit Owned by Association (FL)
During the foreclosure crisis, lenders elected to file foreclosure actions but often failed to conclude their cases, resulting in the dismissal of many foreclosure actions throughout the state. Community associations were then left to decide whether to pursue their own foreclosure remedy or continue to wait for the lender to foreclose. In these situations Read […]
(CO) HB 1125 Unanimously Clears House Business Committee
This afternoon, House Bill 1125 (“HB 1125”) was taken up by the House Business, Labor, Economic & Workforce Development Committee (“House Business Committee”) for consideration. As you will recall, HB 1125 is intended to fix an inadvertent oversight in the association records law which was overhauled during the 2012 legislative session and went into effect […]