CO: Lawmakers kill lawsuit limits on condo defects

Tort reform on construction defects in Colorado will have to wait another year. After a hearing spanning two days, the state Senate Judiciary Committee on Wednesday killed SB 52, a proposal by Sen. Mark Scheffel, R-Parker, to limit lawsuits over condominiums and townhouses that have brought construction of such residences virtually to a halt in […]

Court Says HOA Can Issue Speeding Tickets; What’s Next, Undercover Ops?

The Illinois Supreme Court held in January that an HOA’s hired security officer could stop and issue a valid speeding ticket againsta home owner. Here, we explain the court’s decision in Poris v. Lake Holiday Property Owners Association and whether the court’s reasoning would likely be upheld in other states.   Read More……

Leadership Withdrawing Land After Purchase? Oh I Don’t Think So!

CCIOA has an interesting provision, contained in Section 210(4), which allows developers to withdraw property included in an association only if: (1) a portion of the real estate is subject to withdrawal; and (2) a unit in such portion of real estate has not yet been sold to a purchaser. Although this Section seems clear […]

New Jersey Condominiums are Able to Limit Certain Liability Claims

On March 20, 2013, the Superior Court of New Jersey ruled in Irma Sanchez v. The Villages Association that the burden of proving the validity of a community association’s bylaws limiting its liability in personal injury cases rests with the injured plaintiff. It is beneficial for community associations, their boards, professional managers and unit owners […]

Are California Community Managers Required to have a Contractor’s License?

The blogosphere has been burning up lately over a new California law that some commentators say might require community association managers to have a General Contractor’s license to perform their jobs. Since property managers can be said to “oversee” bids for construction projects it has been suggested that they might fall within the expanded definition […]

The Emperor’s New Economic Loss Rule

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort damages in a breach of contract action where the damages are limited to an “economic […]

Bills That Passed This Legislative Session and How to Comply

The 2013 Utah General Legislative Session has ended and the bills that passed have been finalized in their enrolled form to await signature by the Governor. Which bills passed and which ones didn’t? Only three of the six bills I discussed in my last post ended up passing the House and the Senate. They all […]

Two Significant Bills Introduced Impacting HOAs in Colorado

The following communication from CAI’s Colorado Legislative Action Committee (CLAC) has been sent to CAI members in Colorado on the introduction of bills addressing manager licensure and HOA debt collections. In addition to future communications from CLAC, stay tuned to this blog for important updates on these significant bills as they proceed through the legislative […]

New Condo Laws Scheduled For Monday Public Hearing In Hartford

A public hearing has been scheduled for Monday on several proposed bills involving Connecticut condominium laws, including legislation that would require banks to reimburse associations for up to 12 months of maintenance fees in case of foreclosures.  Read more……

CO: Foreclosure ‘Reform’ or Headache for Associations?

Recently introduced House Bill 13-1249 has been promoted as an attempt to ‘reform’ the public trustee foreclosure process by requiring lenders to prove that they hold the Deeds of Trust being foreclosed and further requiring them to negotiate and work with borrowers requesting a loan modification or other foreclosure prevention alternatives. If the Bill is […]

Texas homeowners may have drought-resistant lawns

he Texas Legislature has guaranteed the right of landowners to install drought-resistant landscaping. The Senate passed a bill Monday denying homeowners’ associations the power to ban landscaping designs intended to save water. The bill now goes to Gov. Rick Perry for his signature.  Read more…

State Supreme Court holds key to condo assessment case

When Lisa Carlson stopped paying her condominium assessments nearly four years ago, she never expected that her legal battle over a leaky roof, bulging drywall and cracked ceilings would wind up before the state Supreme Court. An appeals court paved the way, ruling that Carlson, of Highland Park, could use her condo board’s alleged failure […]

Part 2 on Virginia’s Unauthorized Practice of Law Rules and Community Associations – What is considered the unauthorized practice of law?

Virginia has only one UPL opinion that pertains specifically to HOAs. UPL Opinion 139 addresses “whether a company providing management services to a condominium association, may prepare and file liens on behalf of the association.” A lien filed for a condominium, pursuant to Va. Code Ann. § 55-79.84, or a lien filed pursuant to Va. […]

HUD issues aggressive new fair housing rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule—which it plans to apply retroactively—is simply a codification of its existing position that the Fair Housing Act authorizes disparate impact claims. But the rule goes well beyond that. It articulates a burden-shifting framework […]

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the validity of contracts containing arbitration clauses (which are presumptively for arbitrators, if the challenge is to the contract as a whole). It […]

Utah LAC Issues Statement on SB 64 (Reserves)

As many of you may know, the 2013 General Session of the Utah Legislature is in full swing on Capitol Hill. A few bills enacting or amending HOA laws are in the works and I’ll be summarizing and commenting on those over the next couple of weeks.   Read More……

Asbestos in the condominium – now what?

The Condominium Act, 1998, SO, c.19 (the “Act”) is sometimes inaccurately viewed as addressing all things related to the function and maintenance of a condominium corporation. The common law and other legislation greatly affect how a corporation must be managed pursuant to section 27(1) of the Act and what responsibilities exist with respect to the […]

Third DCA Opinion Deals Significant Blow to Condo Associations That Foreclose on Units in Advance of Banks

For the past several years we have written many articles in this blog encouraging condominium associations to aggressively move their foreclosure cases forward in order to take ownership of those units whose owners are delinquent in advance of the banks’ foreclosures. RealtyTrac’s data shows that it takes an average of 2.5 years for bank foreclosures […]

All HOA and Eviction Lawyers Should Read This Case

One of the more powerful and least understood provisions of the Forcible Entry and Detainer statute allows condo associations and certain other community interest associations to evict homeowners from their units for the non-payment of assessments. The association can then place a tenant into the unit and can apply the rental proceeds to the homeowner’s […]

Diarrhea Signs (And Others) Now Required for California Condo and HOA Pools

Have you heard the latest regarding new required pool signage at California community association pools? Our attorneys have been receiving a lot of inquiries about whether a new “poop sign” is required to be posted at community associations that have pools. We have to report that a diarrhea sign is now required.  Read More……

Iowa – Common interest redux

The common interest ownership bill may have some life left in it. Representatives Isenhart (D-Dubuque) and Highfill (R-Polk) have filed House File 122. This bill is essentially the same as the bill that the House Judiciary Committee approved in the last session.   Read More……

Turning up the Heat on Residential Design Professionals

California’s 1st District Court of Appeal recently ruled that “design professionals” may be liable under both common law and Senate Bill No. 800 (“SB 800”) to third party purchasers for construction defects.  Read More……

Third District Appellate Opinion May Affect Collection Strategies

In its recent opinion in the case of Aventura Management, LLC vs. Spiaggia Ocean Condominium Association, Inc., the Third District Court of Appeal may have significantly impacted the collection strategies implemented by many condominium and homeowner associations in Florida. The case involved a condominium association’s efforts to recover full payment of past-due assessments and related […]

Illinois Supreme Court rules subdivision police can detain drivers

The homeowners associations responsible for managing subdivisions across the state have the power to enforce their own traffic rules through a private security force, the Illinois Supreme Court ruled Friday, overturning a lower-court ruling that found they could be unlawful.  Read More……

Common Sense and Affordable Legislative Approaches Must Be a Priority

As Chair of CAI’s Colorado Legislative Action Committee (“CLAC”) and a political junky, I avidly follow federal and state legislative and regulatory initiatives relating to HOAs. If you follow our blog, you know that on Friday Representative Su Ryden introduced HB 1134 which significantly increases the obligations and authority of the HOA Information Office & […]

Hurricane damage claim barred by property damage exclusion

The United States District Court for the Southern District of Florida has held that an insurer did not owe a duty to defend a lawsuit by a homeowner against a condominium association because all of the claims arose out of hurricane damage and thus fell under the property damage exclusion contained in a non-profit management […]

Recent Rulings On Condo Contracts Have Widespread Significance

The Interstate Land Sales Full Disclosure Act, a federal statute that was initially designed to prevent unscrupulous land sales of desert land in Arizona and marsh land in Florida, has been one of the primary weapons employed by buyers seeking to recover their contract deposits as a result of the economic downturn starting in 2008. […]

Insurer cannot Subrogate against its own insured

Subrogation is an insurance company’s right to go after a person or entity responsible for a loss that the insurance company paid to its insured. For example, when an insured is involved in a car accident, the insurance company  Read More……

In OpenBand lawsuit, stage set for complex case

A $50 million lawsuit filed by telecommunications provider OpenBand will head to court in February, marking a new escalation in a years-long, increasingly litigious battle involving the Dulles-based company, its eastern Loudoun customers and county supervisors.  Read More……

Bexar County Jury Awards HOA $208K from former President and Lawyer

A jury has spoken in the somewhat protracted dispute between the Ventura s HOA and various owners of properties in that northeast Bexar County subdivision. The former HOA President and its former attorney were hit with a whopping $280K verdict on December 21, 2012.  Read More……

San Francisco condo owners can sue architects

A state appeals court has reinstated a lawsuit by a San Francisco condominium owners’ association against architects of a 595-unit luxury complex across from AT&T Park, accusing them of design flaws that caused overheating and structural defects. A Superior Court judge had dismissed the Beacon Residential Community Association’s claims against two architectural firms last year, […]

California’s New Fire Prevention “Fee”

Homeowners in California should be expecting a new bill in their mailbox for the calendar year 2011 and onward. The California legislature has passed a controversial new Fire Prevention Fee which will aim to defray the State’s costs for fire prevention services.  Read More……

Condo liens: Judicial lien v. security interest v. statutory lien – and who cares?

Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) – Young, a chapter 13 debtor, sought to avoid a condominium association lien for assessments because his chapter 13 plan was feasible only if a large portion of the lien could be avoided.  If the lien was classified a security interest it could not be avoided (based […]

Sixth Circuit rules condominium assessments qualify as debts under FDCPA

In the recent case of Haddad v. Alexander, Zelmanski, Danner & Fioritto, the Sixth Circuit held that assessments imposed by a condominium association on individual unit owners qualified as “debts” under the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, a debt is “any obligation or alleged obligation of a consumer to pay money […]

HUD charges Pevely condo owner with violating Fair Housing Act

The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act.  Read More……