Florida Creates New Grant Program For Condominiums To Replace Roof, Windows, And Other Hurricane Protections

The Florida legislature has recently introduced a new mechanism for condominium associations to receive inspections and potentially government funds to improve their properties. These changes may be found in Florida Statutes, Section 215.5587, which was created through House Bill 1029. This new law takes effect on July 1, 2024 and creates the My Safe Florida […]

House Bill 24-1233 (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.   Read the article…………………………….

How Do Florida’s New Homeowners & Condo Association Laws Affect You?

A number of the bills Florida Governor Ron DeSantis signed into law on May 31 of this year will have far-reaching effects on homeowners (HOAs) and condominium associations, licensed community association managers (LCAMs) and home and condo owners themselves.    Read the article…………………………….

Review of Condo Law Changes Continues (FL)

This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations.  Today we will look at more changes to the condominium […]

2024 Legislative Update: Changes to Statutes Governing Condominium Associations (FL)

Eisinger Law is pleased to provide you with a summary of the most recent and relevant changes effectuated by the Florida Legislature, (the “Legislature”), and the Governor of the State of Florida, to Chapter 718, Florida Statutes, (the “Condominium Act”), and other Florida Statutes which affect condominiums. Please keep in mind that the effective date […]

Important Bills passed in 2024 General Assembly (VA)

It was a busy legislative session for community associations. New laws on a variety of significant topics were enacted. Among them are significant changes to the sections which deal with reserves for replacing components of the common area and new provisions in the resale certificate procedures and requirements.    Read the article…………………………….

Newly Passed Legislation (CO)

The 2024 legislative session was a busy one as it relates to legislation that affects Homeowner Associations. Below are the new laws created during the 2024 legislative session that will affect various aspects of Homeowners Associations.   Read the article…………………………….

2024 Arizona Legislative Update

The Arizona Legislature passed seven bills, which Governor Hobbs then signed, that have a direct impact on the community association industry.  House Bill 2648, House Bill 2662, House Bill 2698, Senate Bill 1432, Senate Bill 1016, House Bill 2141, and House Bill 2119 will become law on September 14, 2024, which is 90 days after […]

Michigan’s New Renewable Energy Siting Law and its Implications on Municipalities

Governor Gretchen Whitmer previously signed House Bill 5120 (now Public Act 233 of 2023) into law in November 2023. The regulations, which specifically affect municipalities and developers, create a new siting path for utility-scale wind, solar, and energy storage facilities with the Michigan Public Service Commission (“MPSC”) and become effective on November 29, 2024. Once […]

Workplace Violence Prevention Plans – Community Associations With Employees Need to Comply

California has long required employers to establish, implement and maintain an injury prevention program. With the passage of Senate Bill No. 553 (SB 553) last year, California has imposed now upon employers the additional obligation to establish, implement and maintain in all work areas, an effective workplace violence prevention plan (“WP Violence Plan”) which contains […]

HOAs in Michigan lose veto power over rooftop solar, home EV charging and more

Homeowners’ associations across Michigan just lost the right to block energy efficiency elements in their neighborhoods like rooftop solar panels.  Gov. Gretchen Whitmer signed legislation today, July 8, 2024, that was previously adopted by both the state House and Senate to invalidate any HOA provisions against a litany of energy efficiency home improvements.    Read the […]

Your HOA just lost a lot of powers in SWFL; here’s what it means for you

You read that right. A new law, which went into effect on July 1st, limits a homeowner’s association’s powers when it comes to things like parking, trash bins and holiday decorations……Nearly half of Florida residents, almost 10 million people, live in community’s governed by Homeowner’s Associations, or HOAs.    Read the article…………………………….

Annual Legislative Review Begins (FL)

2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done.    Read the article…………………………….

New law will make it tougher for Colorado HOAs to foreclose on homes

Colorado homeowners associations will have a tougher time foreclosing on their residents for unpaid debt starting in August.  House Bill 1337, signed by Gov. Jared Polis in early June, creates new hurdles for HOAs before they can file for foreclosure and limits how much associations can charge in attorney fees when they are trying to […]

Belmont Park in Newnan sparks state legislation (GA)

Homeowners association, the words conjure up thoughts of power-hungry board members harassing their neighbors, neighborhood segregation, and fines.  What they do not bring to mind are peaceful, clean, well-kept neighborhoods.  Horror stories abound about homeowners associations gone bad. But people buying into new neighborhoods are often required to join the HOA created by the developer […]

2024 Virginia Legislative Changes Affecting Community Associations

The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium unit owner associations, which take effect July 1, 2024.   Read the article…………………………….

The Virginia Condominium Act Turns 50

While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on July 1, 1974. It superseded the Horizontal Property Act, which was enacted in 1962. Condominiums […]

Private property rights are more important than ‘local control’ (MI)

A new law is set to take effect in Michigan that would prohibit homeowners associations from limiting installation of solar panels, electric vehicle charging stations, energy efficient windows and other energy-saving improvements. It would also prevent associations from banning clotheslines.   Read the article…………………………….

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures, such as preservation of its deed restrictions. Due to Associations failing to take appropriate actions to protect their deed restrictions from the […]

HB 1021: Community Associations (FL)

Florida’s latest community association bill (HB 1021), signed by the Governor on June 14, 2024, relates to the governance of condominium and cooperative associations and the practice of community association management.    Read the article…………………………….

Florida Governor Signs House Bill 429 Into Law

Florida’s Governor signed House Bill 429 into law, a significant legislative development. This bill deals with real property, timeshares and revising the Timeshare Act.  The Timeshare Act applies to all timeshare plans consisting of more than seven timeshare periods over a period of at least three years when the accommodations and facilities are located or […]

New South Dakota laws go into effect July 1

South Dakota lawmakers passed 234 bills during the 2024 legislative session, and 208 of them will go into effect on Monday, July 1. Here are the ones relating to community associations: HB1240 permits a homeowner’s association, development, or incorporated community to modify a restrictive covenant SB39 prohibits a homeowners’ association from placing restrictions on firearms […]

Some Other New Association Laws (FL)

While not the ones that got the most attention, there were a few other bills that were signed into law by The Governor involving community associations:  House Bill 59 was signed into law and it requires that Before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and […]

2024 Legislative Update (FL)

Florida has recently enacted new legislation and implemented changes to various regulations that significantly impact community associations. Many of these changes have either already taken effect or will take effect starting July 1, 2024. To ensure our clients are well-informed about these recent developments in Florida state law pertaining to community associations, we have compiled […]

2024 Legislative Updates: Proposed Arizona Bills and Amendments

With Arizona’s 2024 Legislative session in full swing, we review twenty-four bills that include proposed amendments or additions to Arizona’s Planned Communities Statutes and Condominium Act. At Carpenter, Hazlewood, Delgado & Bolen, we strive to provide the community association industry the most recent updates to the Arizona Legislative session and the bills that may affect […]

2024 Florida Legislative Recap: SB 382 Modifies Continuing Education Requirements for CAMs

This summer, Governor Ron DeSantis signed several Bills that directly affect condominium, homeowners’, and cooperative associations. On May 17, 2024, Governor DeSantis signed Senate Bill 382 (“SB 382” or the “Bill”), which modifies continuing education requirements for Florida-licensed community association managers (“CAMs”). The Bill is effective July 1, 2024; thus, all CAMs and associations should […]

Florida Condo Associations Impacted by House Bill 1021

Condominium associations throughout Florida will be significantly impacted by House Bill 1021, which Gov. DeSantis recently signed into law. The bill is effective July 1, 2024, although some portions of the law go into effect at a later date. The following are a few highlights of the new law.    Read the article…………………………….

The Balcony Bill SB 326 (CA)

On January 1, 2020, the State legislature added California Civil Code § 5551 to require condominium associations with certain elevated exterior elements (“EEEs”) such as decks, balconies, walkways, stairs, and related railings to be inspected by January 1, 2025. This new law is often referred to as the “Balcony Bill” or SB326 as that was […]

Rounding Up HB 1021’s Impact on Florida Condominiums

HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of additional issues affecting condominium associations, such as mismanagement and mistrust, ambiguities related to storm protection, and a lack of budget transparency. This article […]

ADUs: Strategic Solution to California’s Housing Shortage

Recent California laws enacted in 2023 and 2024, make it easier for homeowners to obtain permits for building accessory dwelling units (ADUs) on their lots. An ADU is an additional residential structure built on the same lot as a primary structure. These new California laws were enacted to increase the housing supply across the state, […]

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)

The Illinois General Assembly has passed legislation adding Section 18.12 to the Illinois Condominium Property Act, requiring all condominiums with parking to implement policies for accessible parking access for disabled owners.  The legislation mandates condominium boards to adopt a written policy within 90 days of its enactment, which will take effect 90 days after Governor […]

HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements (FL)

When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes.   Read the article…………………………….

Michigan Senate Approves Bill for Energy Conservation

The Michigan Senate approved a measure with a vote of 2018 on Thursday. It grants homeowners’ associations (HOAs) members the right to set up electric vehicle gear, clotheslines, and equipment for energy conservation like rooftop solar panels. The expectation is that Gov. Gretchen Whitmer will give her approval to this legislation soon.   Read the article…………………………….

Bill to enhance condo safety measures becomes law (FL)

Condominium associations will have to be more accountable to residents under a measure, crafted with Real Property, Probate and Trust Law Section input, that Gov. Ron DeSantis signed late last week.  HB 1021, by Rep. Vicki Lopez, R-Coral Gables, cleared the House 111-0 on March 1, and the Senate, 40-0, five days later.   Read the […]

City Council passes bill to inspect residential buildings for structural risks (NY)

The New York City Council has passed a bill requiring residential buildings, including co-ops and condos, to undergo routine inspections based on their structural risks. The bill supplements the Facade Inspection and Safety Program, formerly known as Local Law 11, which requires all buildings taller than six stories to undergo inspections and necessary repairs every […]

New Florida law prohibiting HOAs from passing parking restrictions could affect millions

According to the non-profit Foundation for Community Association Research, more than nine million people—about 44 percent of Floridians—live in communities governed by homeowner’s associations, which can regulate what kinds of vehicles can park in their communities and where.  A new state law going into effect July 1 says an HOA can no longer pass regulations […]

Energy bill affecting HOA’s on Governor’s desk (MI)

A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain […]

765 ILCS 1085: What Community Associations need to know about the Illinois Electric Vehicle Charging Act

Requests to install electric vehicle charging stations have become commonplace in Illinois community associations. By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles. The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in […]

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)

The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon.    Read […]

New Hawaii bills aim to ease financial strain for condominium communities

What if your condominium’s insurance premium increased from $400,000 to $3.3 million in one year?  That’s what happened to the Peninsula at Hawaii Kai. The Hawaii community, consisting of 630 single and multifamily apartment homes and condominiums, was shocked, to say the least.    Read the article…………………………….