(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 […]

The Benefits of Filing a Blanket Recordation for Your HOA (CA)

HOAs have experienced six years of “bad behavior” from the lending and mortgage community. Commonly, they do not foreclose on delinquent owners within a reasonable time frame (sometimes two to three years of delinquency without proactive action being taken), or they foreclose and do not inform the association of the change of ownership.   Read more…….

Kaman & Cusimano Opposes HB371 (OH)

We need your help. Please read and share this with your fellow board members and any other association board members you may know. Besides the perpetual snow storms we have been battling this winter, we are now faced with battling a different kind of “storm” brewing in Columbus due to proposed legislation that is totally […]

Call to Action – Oppose Ohio House Bill 371

Williams & Strohm urges you NOW to contact your Ohio House Representative, bill sponsor, Rep. Cheryl Grossman, 77 S. High Street, 14th Floor, Columbus, Ohio 43215 and Richard Adams, Chair of the Financial Institutions, Housing, and Urban Development Committee, 77 S. High Street, 13th Floor, Columbus, Ohio 43215, and express your strong opposition to pending […]

CCOC Proposing Legislation To Improve Condo Living (CT)

We have asked you for your opinion on proposed laws that would give greater power to individual condo owners without limiting the associations from taking actions to benefit unit owners. More than 130 of your have responded, filling out lengthy surveys. We will soon publish the results of the survey.    Read more…….

NJ Court Revives $18M Condo Defects Suit

A New Jersey appeals court has revived a condominium association’s $18 million lawsuit over construction defects, saying in opinion published Friday that the lower court had wrongly found that the association did not first obtain the unit owners’ approval to file suit.   Read more……..

Carlin Estates refiles lawsuit against Good Builders, Brunk (OH)

A trial scheduled involving Carlin Estates Condominium Association, Good Builders and business associate Nolan Brunk appeared to end when the parties reached a settlement agreement in October 2013. The terms of the settlement have allegedly not been met, though, and Carlin Estates has refiled its suit.    Read more……..

The Reorganized Davis-Stirling Act: How it Benefits Community Association Members

As the presiding officer of my HOA’s Board of Directors, it’s important that I, along with my fellow board members, have a good understanding of the basic governance documents we draw upon. Including those such as our CC&Rs, our By-Laws, our Policies and Procedures, and especially an adequate understanding of the Davis-Stirling Act, which allow […]

Federal Disaster Assistance for Condominium Associations and Cooperatives May be on the Horizon

In the wake of Hurricane Sandy, many communities throughout the tri-state area suffered severe and catastrophic damage. Community associations, much similar to single family homeowners, turned to the Federal Emergency Management Agency (FEMA) for financial assistance, only to be turned away. Surprisingly, federal law does not currently permit FEMA to provide financial assistance directly to […]

Polo Golf and Country Club Homeowners Association, Inc v. Rhymer et al (and Forsyth County, et al)

POLO GOLF AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. V. RHYMER ET AL. (S13A1635) POLO GOLF AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. V. FORSYTH COUNTY ET AL. In related appeals, the Supreme Court of Georgia has ruled against a homeowners association in one case and against Forsyth County in the other involving disputesover who is responsible for repairing […]

Huntington Continental Town House Association, Inc. v. The JM Trust

This case presents an issue on which this court has found little published authority: whether a homeowner’s association must accept and apply partial payments that reduce delinquent assessments owed but not any other amounts due, such as late fees, interest, and attorney’s fees and costs. We conclude the DavisStirling Common Interest Development Act (the Act) […]

What’s in a Transfer Fee-That is the Question? (CO)

Last week it was reported that Rep. Jeanne Labuda indicated that she would be introducing legislation taking aim on management company transfer fees. This sparked tremendous debate on both sides of the issue and the value of a transfer fee.      Read more…….

Condominium Insurance Basics (MD)

Maybe it is the weather, but we have been receiving a number of questions about condominium insurance coverage as between the common elements and units. Here is a summary: A condominium master policy must, at a minimum, cover property damage to all of the condominium structure, including both the common elements and units as originally […]

Bill Introduced to Fix Oversight in CCIOA Records Provision (CO)

House Bill 14-1125 (“HB 1125”) was introduced today by Representative Diane Mitsch Bush (D-Steamboat Springs) to fix an inadvertent oversight in the association records law which was overhauled during the 2012 legislative session and went into effect on January 1, 2013.    Read more……..

Residential Storage Condominium Unit Bill Introduced (CO)

Yesterday, House Bill 14-1143 (“HB 1143”) was introduced to address how storage condominium units are taxed. According to the legislation, residential real property is taxed at 7.96% while commercial property is tax at 29%.    Read more…….

More Evidence that Construction Defect Bill Likely (CO)

During yesterday’s Denver Business Journal’s State of the Cities forum, the mayors of Denver and Aurora agreed there needs to be changes to the state’s construction defect laws. Claiming that there is too much liability risk for builders, developers and subcontractors because it is easy for associations to sue for defects, particularly in condominiums. Mayor […]

DORA Report (CO) Issued – And Changes Are a Coming (just not this year)

As part of the sweeping changes to the Colorado Common Interest Ownership Act in the 2013 legislative season, the Office of HOA Information and Resources was required to study the legislative and operational components of other states to determine how those regulatory structures work and deliver a report, along with recommendations back to the Legislature. […]

Condo Owners’ $15M Award Over Faulty Stucco Is Overturned

A South Carolina appeals court overturned on Wednesday a county circuit court’s decision to grant to homeowners at the Twelve Oaks at Fenwick Property Owners Association Inc. about $15 million, the claimed cost to repair contractors’ faulty construction that allegedly caused water to infiltrate the owners’ condominiums.    Read more…….

A Message from CAI Government & Public Affairs (re: Flood Insurance)

Today, January 8, the U.S. Senate is voting to invoke cloture (a.k.a. bring the debate to an end) on S. 1846, the Homeowner Flood Insurance Affordability Act (HFIA). If cloture is invoked, the Senate will proceed to debate and a vote on passing HFIA. Please contact your Senators today urging support of invoking cloture and […]

Pa. High Court Won’t Hear Developer’s Arbitration Push

The Pennsylvania Supreme Court on Thursday declined to hear an appeal of an appellate ruling that denied a developer the ability to push claims brought by a homeowners association over construction defects into arbitration.     Read more…….

Condominium Association Handicap Parking Lawsuit (IL)

In a recent Illinois court case, a renter sued a community association claiming that the unavailability of handicap-accessible parking violated the Fair Housing Act (“FHA”). The property consisted of a 40-story building with 342 parking spaces, seven of which were handicap accessible. However, the association sold the handicapped-accessible parking spaces to non-disabled persons and the […]

Avella plans attack on new developers (NY)

Avella is introducing legislation in Albany that would require homeowners whose properties are restricted by covenants to register their homes with the Department of Buildings, which in turn would have to review deed registries prior to issuing building permits     Read more…….

Panorama Village Homeowners Association v. Golden Rule Roofing, Inc. case brief

Panorama Village Homeowners Ass’n v. Golden Rule Roofing, Inc. case brief summary  10 P.3d 417 (2000) CASE SYNOPSIS Appellant roofing company sought review of a judgment from the Superior Court of King County (Washington), which awarded respondent homeowners association a portion of the cost of replacing roofs installed by appellant, in respondent’s suit alleging breach […]

Pembrook Condominium Assn. One v. North Shore Trust and Savings (Foreclosure of lien) (IL)

Plaintiff, Pembrook Condominium Association–One, appeals a judgment granting in part the motion of defendant North Shore Trust & Savings (North Shore) to dismiss plaintiff’s complaint (see 735 ILCS 5/2–619(a)(9) (West 2012)) in forcible entry and detainer (see 735 ILCS 5/9–101 et seq. (West 2012)). The complaint sought possession of a condominium unit and the collection […]

Burlingame lawsuit likely headed to trial

Burlingame homeowners are preparing to take a construction defect lawsuit to trial, after the parties failed to come to terms through a mediation process.    Read more…….

Harlem (NY) developers blocked from condo sales, ordered to deposit $3.2M

Two developers and a lawyer involved with the 68-unit Mirada condominiums in Harlem have been temporarily banned from developing apartments in the state and ordered to set aside $3.2 million, pending a court case over alleged defects at the project, a spokesperson for New York State Attorney General Eric Schneiderman told The Real Deal.   […]

Copperleaf dispute settled (WY)

The county and Copperleaf have settled their legal dispute about water use at the Wapiti subdivision, and claims on both sides have been dismissed. An order of dismissal without prejudice was submitted last month for the county’s case against Copperleaf Homeowners Association.   Read more……..

Indiana Condominium Association Liens, Part II: Deeds In Lieu Of Foreclosure

Whereas last week’s post introduced condominium association (“CA”) liens and their priority in title under Indiana law, this week’s post addresses CA liens in connection with a deed-in-lieu of foreclosure (“DIL”). A DIL can be a relatively simple and positive transaction for a secured lender struggling with an unperforming loan. But in cases dealing with […]

Receivership – Brief Overview

When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.364(10)). As a practical matter, once appointed, the receiver rekeys the unit (assuming it is […]

Condominium’s Leasing Restriction Ruled Invalid by Washington Court

The Washington Court of Appeals recently issued an unpublished opinion addressing a condominium association’s attempt to restrict leasing of units. In this case, the condominium’s original declaration stated that no more than 25% of the units could be leased at any one time.    Read more……..

HOA’s May Collect Attorney Fees After Successful Action (OK)

In two recent decisions, the Oklahoma Appellate Courts have allowed Homeowners Associations to collect attorney’s fees and costs after successful litigation. Oklahoma follows the “American Rule”, which is that Attorney Fees may not be awarded unless there is a contract between the parties that allows them or there is a statute that specifically allows for […]

Indiana Condominium Association Liens, Part I: Foreclosure

I’ve previously written about the priority of homeowner’s association (“HOA”) liens. Today’s post relates to similar, but not identical, liens arising out of unpaid condominium association (“CA”) fees/assessments. Like HOAs, CAs also can foreclose their liens. Because a lender/mortgagee may, in its own foreclosure case, discover a recorded CA lien on the subject real estate, […]

Corbin Park developer lawsuit ends, but not the fight about fees

A lawsuit filed against Corbin Park developer Mike Schlup recently settled out of court for $11 million. Tenants who bought condominiums at a project near Lake of the Ozarks accused Schlup of using unqualified workers and faulty construction practices that resulted in damage to their condos.      Read more………

HOA’s and Contingency Cases

A more apt title might be “Why Lawyers Don’t Take HOA Cases on Contingency.” I am frequently asked to take HOA and condo cases on a contingency, but these cases are not the types of cases lawyers can litigate on a contingency, meaning you only pay the lawyer if you win.     Read more…….