On November 7, Ohio voters will decide whether Ohio laws will permit the use of marijuana for recreational adult use. This includes not only the consumption of recreational marijuana, but also the ability to grow a certain number of marijuana plants at one’s home. As the voting date approaches, a number of board members and […]
Slip & Fall Case at the Michigan Supreme Court
The Michigan Supreme Court (MSC) will hear oral arguments in 12 cases on Wednesday, November 8, 2023, and Thursday, November 9, 2023, beginning at 9:30 a.m. on both days in the 6th floor courtroom at the Michigan Hall of Justice at 925 W. Ottawa, Lansing. Oral arguments will be livestreamed from the MSC website. Wednesday, November […]
As Storm Damages Mount, States Try to Make It Harder to Sue Insurers
Samari Lakes East, a nondescript condo complex near Miami, was battered by Hurricane Irma in 2017. The storm tore up the roof, causing water damage across Samari’s 635 units, home to retirees and blue-collar workers. The complex’s insurer, Heritage Property & Casualty Insurance, said the damage was only $22,107. In April, after a lengthy court […]
Lake pollution lawsuit filed against North Central West Virginia Airport heads to business court (WV)
“There was a slew of plastic bottles and debris, logs, mud,” Maple Lake Attorney William Tiano said. “It was hard to believe that came down through there. You don’t really realize what water can move until you see it in action.” That was one of the allegations filed against the airport by Maple Lake Club, […]
NC Short-Term Rentals Regulation: A Breakdown Of The Changes
A bill introduced in early 2023 may change the current NC short term rental regulation for local governments. If passed, the bill would effectively reverse some of the existing restrictions on short term rentals in a handful of cities. While the bill’s effect on homeowners associations remains to be seen, HOA leaders should nevertheless familiarize […]
Colorado’s justices weigh immunity for municipalities acting as housing developers
…..However, the condominium association for Burlingame Ranch II, an affordable housing community that the city of Aspen developed itself, believed it could hold the city responsible for construction defects in a different way. Instead of claiming negligent construction, which the CGIA would block, the association argued the city breached its contract with homebuyers by not […]
What Trustees Need to Know About the Corporate Transparency Act – Sooner Rather Than Later
January 1, 2024 is quickly approaching and it will be a milestone for small businesses and their owners. Why? Because it is the effective date of the Corporate Transparency Act (the “Act”) – historic legislation that requires certain companies to report information about the company and the company’s owners with the U.S. Financial Crimes Enforcement […]
Red Flags in Green Legislation: SB 558 and HB 5028 may ban Michigan HOA’s from regulating Solar Panels and other Energy Saving Improvements
The Michigan legislature has recently introduced two bills that would limit the ability of condominium and homeowners associations to exercise architectural control authority within their communities related to energy-saving improvements. SB 558 was introduced on October 4, 2023, and it may prohibit certain Michigan community associations from banning solar panels, except in cases where the […]
Condo Wars: After HOA corruption arrests, Florida’s community management industry works to weaken reform bills
……But a few weeks after the news conference, after the Florida House and Senate finished revising the community association legislation, Villalobos and other Hammocks homeowners were furious — and lobbyists for HOAs and condo managers were expressing satisfaction with the outcome. Read the article……………………………………….
Tennessee Supreme Court Holds Restrictions Limiting Property Use To Residential Purposes Do Not Prohibit Short-Term Rentals
The Tennessee Supreme Court held today that a property owner using his home as a short-term rental did not violate homeowner association restrictions requiring that homes be used for “residential and no other purposes.” However, the Court also held that the property owner’s short-term rentals violate later amendments to the restrictions that impose a minimum […]
Hammocks settling suit against ex-HOA attorneys for $300K (FL)
The Hammocks is settling for $300,000 its suit against two law firms that allegedly failed residents while representing the homeowners association during the reign of criminally charged ex-board members. Read the article……………………………..
Florida Statute 2023-203: A Comprehensive Look at Building Safety Regulations and Florida Milestone Inspections
It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can move the needle toward addressing public safety issues. This paper explores the events leading up to Florida statute 2023-203, the steps that impacted owners/developers/managers can take to ensure compliance, and how experts […]
Palm Beach webpage explains new condo-inspection law after Miami collapse (FL)
In an effort to inform residents about new state legislation that requires aging condominium buildings to be inspected by licensed engineers and architects, the town has published a new webpage with details of the law. Read the article………………………………..
County bill aims to alleviate HOA burden (TN)
The Coffee County government is currently seeking to reintroduce to the state for approval, a resolution that will limit it’s liability in homeowner association fees on unused property in the county. Read the article………………………………….
California HOAs Must Prepare for New Balcony Requirements
Community associations in California must meet new balcony inspections requirements by the end of 2024. The state’s “balcony bill,” SB 721, was approved by Gov. Jerry Brown in 2018. The bill requires an inspection of “exterior elevated elements” within all multifamily residential buildings containing three or more dwelling units no later than Jan. 1, 2025. […]
“Xeriscape Bill” [SB 23-178] (CO)
Have you heard of the recent “Xeriscape Bill” [SB 23-178] that was signed into law at the end of May? This new bill overrides pre-existing HOA guidelines that restricted residents from installing xeriscape, artificial turf, and vegetable gardens in their yards. The intent of the bill is to promote water-wise landscapes. Read the article………………………………..
HOAs Cannot Prohibit Installation of Solar but can Enforce Reasonable Restrictions (CO)
For the past several years, the homeowner association (HOA) space has seen and continues to see many changes in regulation, including legislation around renewable energy options. Various states have taken a more proactive stance on the installation of solar panels, explicitly targeting HOAs that enforce restrictions on these devices. Read the article……………………………….
Lender Questionnaires and Management Contracts (VA)
In an effort to keep you up to date on changes in the law and regulations, in this edition we want to update you on lender questionnaires for condominium communities and a new law regarding the termination of association management contracts. Read the article………………………………..
Real Property: Restrictive Covenant-Child Care Business (MO)
Where homeowners challenged a grant of summary judgment in favor of their homeowners association based on a finding that the homeowners violated restrictions by providing child care services from their single-family home, the restrictive covenant did not explicitly prohibit business or commercial use, so the judgment is reversed Read the article…………………………….
A new law allows homeowner to sell ADUs like condos, boosting homeownership. Here’s how AB 1033 works (CA)
Accessory dwelling units, also referred to as ADUs and “granny flats,” have been available in California only as rentals. But a new law, Assembly Bill 1033, is giving Californians the opportunity to buy and sell them as condominiums. Read the article…………………………..
Settlement in lawsuit against River North landlord accused of retaliation against journalist (IL)
Months after a state appeals court said an agreement enforced by a Marina City landlord was unenforceable because it had been signed under duress, that landlord has agreed to settle claims brought by a journalist that he had been illegally kicked out of his condominium unit because he published articles critical of the business activities […]
Boca condo board loses federal records suit, sanctioned for ‘frivolous’ claims (FL)
The Boca View Condominium Association has lost another court battle in its long-running fight to prevent a unit owner from exercising her right to inspect its financial records. On Tuesday, a federal judge in West Palm Beach dismissed a federal lawsuit challenging the constitutionality of a 2010 Florida law that prohibits condo and homeowner associations […]
Balcony inspections: California community associations must prepare for new requirements
The state’s “balcony bill,” SB 721, was approved by Gov. Jerry Brown in 2018. The bill requires an inspection of “exterior elevated elements” within all multifamily residential buildings containing three or more dwelling units no later than Jan. 1, 2025. It was formulated in response to a tragic balcony collapse in Berkeley, Calif., in 2015, […]
The Corporate Transparency Act (CTA)’s Beneficial Ownership Information Reporting Requirements: What Do Community Associations Need to Know?
In 2021, Congress passed a law to create more transparency as to the individuals that control organizations and corporate entities. The Corporate Transparency Act (“CTA”), adopted in 2021, may begin affecting community associations on January 1st, 2024. Pursuant to the CTA, the Financial Crimes Enforcement Network (“FinCEN”) has enacted a new rule to primarily combat […]
Register of Deeds seeks help to catalog racially restrictive covenants (NC)
The Wake County Register of Deeds Office is putting out the call for volunteers to help dive into its archives and uncover historic insights into our community’s past. The historical evidence is hidden within the “restrictive covenants” of perhaps hundreds of properties and homeowner association clauses throughout the county. The new research effort called the […]
County bill aims to alleviate HOA burden (TN)
The Coffee County government is currently seeking to reintroduce to the state for approval a resolution that if approved, would limit it’s liability in homeowner association fees on unused property in the county. Read the article…………………………………
2023 Legislative Review Part 1 (FL)
This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. Read the article……………………………..
Real Estate Counselor: Ruling in Dade Reminds Associations to Avoid Restricting Resident Access (FL)
……… focuses on the takeaways for community associations from a recent Miami-Dade Circuit Court ruling on the importance of avoiding restrictions against residents’ use of common elements that are necessary for them to access their unit. Read the article………………………………
HOAs could not block rooftop solar, home EV charging – even clothes lines – under new bill (MI)
Homeowners associations could be prohibited from blocking a litany of energy efficiency upgrades – from rooftop solar panels and home EV charging to clotheslines and rain barrels – under a new proposed bill in the Michigan House. Read the article…………………………
How to abuse the bankruptcy court and your HOA at the same time (CA)
This case study revolves around a homeowner’s association (HOA) located in the State of California dealing with a property owned by six individuals that has been plagued by chronic delinquency since 2008. The association embarked on a journey to recover the long-standing debt through non-judicial foreclosure. However, the owners resorted to a series of bankruptcy […]
HOA Task Force Meeting Set (CO)
The HOA Homeowners’ Rights Task Force created by House Bill 23-1105 will hold its first public meeting on October 24, 2023 at 3:00 p.m. by Zoom Webinar. Read the announcement…………………….
Resident’s lawsuit against expanding University Village thrown out (VA)
Seventeen months after suing to block the board of directors at University Village, an upscale retirement home west of Charlottesville, from beginning construction on a third phase, Phase II homeowner Daniel Lavering found himself hiring an appeals lawyer after a judge tossed his suit Monday. Read the article……………………………….
AB 648 Signed! Virtual HOA Meetings (CA)
On September 22, 2023, Governor Newsom signed AB 648 into law to finally permit homeowners associations (“HOAs”) throughout California to conduct board meetings entirely be teleconference (aka “virtual meetings“). While existing law permits an HOA to conduct teleconference meetings, HOAs are still required to specify a “physical location” for the meeting at which members or […]
Til Death Do Us Part, Or Do We?: Collecting Community Association Assessments from a Deceased Owner in Michigan
As the population of their communities age, Community Associations will be faced with the question of who is responsible for payment of Association assessments when an Owner passes away. This article examines the various scenarios when an Owner passes away and the steps an Association should and can take to recover unpaid assessments. Read the […]
Bill Seeks to Put Off Local Law 97 Enforcement by a Decade (NY)
A new bill introduced to the city council by two Queens Democrats would push back enforcement of Local Law 97 by a decade, part of an effort to protect middle-class co-ops and condos in the outer boroughs. Read the article………………………………
New law helps protect homeowners’ private information (NV)
In addition to imposing cybersecurity insurance and data protection requirements for homeowners associations’ online assessment payment processors, SB378, which was adopted this legislative session and then went into law, helps HOA protect homeowners’ private information and streamlines the email notification process. Read the article…………………………….
Florida law known as the “Homeowners’ Association Bill of Rights” takes effect
The Florida law known as the “Homeowners’ Association Bill of Rights” took effect on October 1st. “We had one of the most ambitious projects in regard to attaining more accountability and transparency for the HOA and the residents who live in these communities,” said state Rep. Juan Carlos Porras who sponsored of HB 919. Read […]
Update on New Fannie Mae/Freddie Mac Condominium Seller Guidelines
Following the collapse of the Champlain Towers South Condominium in Surfside, Florida, in 2021, 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. Read the article……………………………..
Although Fee Award Against HOA Belongs To Attorney, Attorney Had To Offset For Contingency Fee Already Received (CA)
Koehler v. Prinz, Case No. C095229 (3d Dist. Sept. 25, 2023) (unpublished) is a case which shows that attorneys need to be careful when they receive a fee award which belongs to them, discussing the fee award with the client and then agreeing on an offset for contingency fees already received. Read the article………………………………
What You Need to Know About Cannabis and Marijuana in Illinois Condos Under the Illinois Condominium Property Act
As Illinois became the 11th state to legalize marijuana in June 2019, it greatly impacted a condominium association’s right to simply restrict the consumption of marijuana in the condominium building(s). Previously, associations could rely on bans on criminal behavior to assert that marijuana could not be consumed, but that does not appear to be a […]
New condos are hard to find in Colorado. Getting developers to build more will roil the Capitol next year
Construction defects liability has been politically fraught, but the failure last year of Gov. Jared Polis’ signature land-use measure has reignited the push for lawmakers to take on the issue Read the article………………………………
Real property – Parking easement – Condominium (MA)
Where two plaintiffs have requested a declaration that their parking easement may be used for two automobiles, that request should be denied because the intent of the master deed was to permit single-automobile use in each parking space. Read the article……………………………..
Noteworthy Changes Under New “Homeowners’ Association Bill of Rights” Law (FL)
Florida’s new “Homeowners’ Association Bill of Rights” (HB 919) law presents important changes for HOA communities and their boards of directors. The law, which only applies to HOAs and goes into effect on Sunday, Oct. 1, focuses on transparency and accountability, with provisions addressing kickbacks, conflicts of interest and fraudulent voting activities. Read the article…………………………….
Miami-Dade County’s Condominium Special Assessment Program: Requirements & Eligibility (FL)
Miami-Dade County is known for its stunning beaches and coveted coastal condominium communities. However, with the charm of these residences comes the responsibility of maintaining their structural integrity. After legislators passed rigid condominium safety reforms, many Floridians have been left wondering how they’ll be able to afford the special assessments coming their way. For Miami-Dade […]
Florida’s Homeowners’ Association Act: Recent Changes Effective October 1, 2023
In Florida, homeowners’ associations (“HOA”) are governed by Florida Statute Chapter 720. That chapter is known as the “Homeowner’s Association Act” (the “Act”). The Act governs issues ranging from member assessments to arbitration to conducting meetings. The Act is constantly evolving, and HOA board members, HOA property owners, and HOA property managers should review the […]
New law helps protect homeowners’ private information (NV)
In addition to imposing cybersecurity insurance and data protection requirements for homeowners associations’ online assessment payment processors, SB378, which was adopted this legislative session and then went into law, helps HOA protect homeowners’ private information and streamlines the email notification process. Read the article……………………………..
Condo Wars: Boards can use defamation laws to stifle dissent | Investigation (FL)
A months-long investigation by the South Florida Sun Sentinel found that condo and homeowner associations regularly use Florida’s defamation laws to silence critics. The laws were written to allow a victim to recover financial damages from someone who spreads lies about them and harms their reputation. Read the article……………………………..
SB 154 New Reserve Requirements and Exceptions For Condominium Associations (FL)
The new law, SB 154, passed in 2023, the following language was enacted, “In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g) for which the association is responsible pursuant to the declaration of condominium, and the […]
Mecosta County HOA uses new law to discharge racist language (MI)
Naomi Simpson, a home owners association board member for Young’s Lake Subdivision in Martiny Township, embarked on a journey to expunge the outdated and restrictive covenants that had plagued their community since 1947. Read the article………………………..
Ask Amy: New HOA laws in Texas
Neighborhood homeowner’s associations are meant to keep a community looking good and running right. But people often complain they overstep or some say their HOAs don’t do anything at all. Some of that may change. There are several new laws in Texas that impact the way HOAs are run. Read the article………………………..