City Councilmember Linda Lee, a Queens Democrat, has introduced a new bill that updates an old idea. The bill, known as Intro 0772, seeks to delay penalties and increase carbon emission caps for thousands of buildings that must comply with Local Law 97. Read the article…………………………….
House Bill 1029: My Safe Florida Condominium Pilot Program
This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage. Read the article…………………………….
Colorado Senate to consider bill to further regulate towing industry
Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, […]
Foreclosure Bill Passed House, Now in Senate—Potential Impacts on Your HOA (SC)
As recently reported in previous articles, the South Carolina Legislature is considering a bill that impacts the ability of community associations to collect assessments from non-paying members of their communities. As originally drafted, the bill would have eliminated a community association’s ability to foreclose. Read the article…………………………….
Florida Legislature Approves $30M for Condominium Storm-Proofing Grants
The state’s lawmakers passed the bill enacting the new My Safe Florida Condominium Pilot Program with unanimous votes in both chambers, and it is now awaiting its expected approval by Gov. Ron DeSantis. The program, which is an extension of the My Safe Florida Home program that offers grants for improvements to single-family homes, will […]
Gov. Jared Polis signs bill barring HOAs from prohibiting home-based businesses (CO)
Gov. Jared Polis has signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session. Under Senate Bill 134, a home-based business must still comply with an HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise […]
Architectural Review Committees – Their Powers Get Slashed (FL)
HB 1203 made some major changes regarding architectural review committees. To sum it up, their powers were greatly slashed. Let’s take a look: An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by […]
Gov. Jared Polis signs bill to protect Colorado’s home-based businesses from HOAs
Gov. Jared Polis signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session. Under Senate Bill 134, a home-based business must still comply with the HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. […]
House passes bill making it easier for condo owners to install solar (CT)
The bill serves as an expansion of the solar rights of members of common interest communities, which include condominiums, community apartments, planned developments, etc. A provision in the State’s Clean Air Act, passed in 2022, already prohibited common interest communities from adopting or enforcing rules that would prohibit community residents from installing solar panels. That […]
State law passed after Hurricane Ian negates Sarasota’s move to control taller buildings (FL)
Aloophole in Sarasota’s development rules city officials closed last year has been reopened by a state law passed after Hurricane Ian, setting the stage for potential construction of the tallest building downtown and the opportunity for developers to build even more in coming months. Read the article…………………………….
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Homeowners urge lawmakers to take action on bill addressing defective home construction (CO)
When your home is built poorly, it can be hard to hold builders accountable, or even get repairs done. A bill moving through the Colorado legislature would make it easier for homeowners to get the fixes they need. “It’s only about having the repairs done properly,” said Janine Musser, a Colorado homeowner. Read the […]
Boca Raton Building Recertification Ordinance: A Comprehensive Guide for Building Managers and Condominium Governing Boards (FL)
Fresh off our recent article highlighting Boynton Beach’s new building recertification requirements, we highlight Boca Raton’s updated Building Recertification program. This article covers everything you need to know about Boca Raton’s Building Recertification Program (Ordinance 5589) and the significant changes it makes to the way building recertification is conducted. It ultimately focuses on what it […]
State lawmakers take steps to limit HOA foreclosures, equity loss after Colorado Sun investigation
A pair of bills advancing through the Colorado legislature this year would make it harder for homeowners associations to foreclose on their members for unpaid assessments, while giving property owners a better shot at walking away with some of their equity should they lose their homes. Read the article…………………………….
New nationwide laws limit power of homeowners associations to dictate residents’ yards — here’s why it’s important
Across the U.S., a growing legislative trend is empowering homeowners to cultivate native plants in their yards, even when homeowners associations forbid it. In 2022, 84% of new, single-family homes belonged to an HOA that sets landscaping rules, according to the U.S. Census Bureau. But thanks to new state laws, HOAs in some areas can […]
Amended construction defects bill passes Colorado Senate but still lacks homeowner group’s support
The Colorado Senate passed a watered down version of a contentious bill on Thursday that sponsors hope will reduce insurance costs for condominium construction in the state and spur the development of that type of housing. SB-106 would have added a right-to-repair path to resolve faulty construction issues outside of the costly litigation process and […]
Bill advances to give condo owners a new way to buy into rooftop solar (HI)
Condo owners may have a new pathway to access benefits from rooftop solar. The Hawai?i Senate is considering a bill to create a Solar Hui Program, allowing multi-family property owners to pay into a collective investment fund that would go towards energy projects and loans. Read the article…………………………….
What are Florida’s new homeowners association laws? How to find your HOA’s rules
More than 75 million Americans live in subdivisions, condo buildings and other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules. And Floridians who live in places with homeowner associations now have laws protecting their right to know what their dues are paying for. Read the […]
House Bill 1203 – Continued (FL)
If the unit owners elect to do so, they can vote for the association to prepare a lesser year-end statement than what is required by law. The law has changed and now states: An association may not prepare a lesser financial statement than what is required by law for consecutive fiscal years. Read the article…………………………….
Legislature adds teeth to Florida’s community association fraud laws
In response to cases such as the alleged theft of more than $4 million at the Hammocks HOA in Kendall and the arrests of four of its former board members and one of their spouses, the Florida Legislature has passed two bills to strengthen criminal penalties for association fraud and malfeasance. The bills, which were […]
Arizona Law Mandates Open Meetings for Planned Communities
In Arizona, homeowners’ associations are governed by a law that promotes transparency and resident participation. The statute, A.R.S. § 33-1804, is part of the state’s Planned Community Act and requires associations to conduct open meetings with only a few narrow exceptions. Subsection (A) of the law sets forth the general rule: all meetings of an […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to […]
New Arizona law targets relics of race-based housing discrimination
Peter Williams thought he had the law on his side last year when he led an effort to remove ugly and illegal housing restrictions that still appeared in the founding documents of his Tucson neighborhood. Now he knows it for sure. Read the article…………………………….
Changes to the Homeowners’ Association Act: HB 437 Expands Property Owners’ Rights to Use Their Property (FL)
“Why does the HOA care what I do in my backyard?” is an all-too-common question posed by homeowners. Responsible for maintaining the community rules, facilities, and appearance, homeowners’ associations have an important role in upholding community standards. However, a common complaint amongst owners revolves around their homeowners’ association’s (“HOA”) authority to govern what happens in […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting […]
Statement from DHCD on Passage of Bill to Support Talbert Street Homeowners (DC)
Today, the Council of the District of Columbia passed the “Relief for River East at Grandview Condominium Owners Emergency Act of 2024,” which includes critical supports for homeowners of River East at Grandview Estates, also known as Talbert Street. Read the article…………………………….
Bill Seeks to Clarify Rules Regarding Colorado Metro District and HOA Foreclosures
State law gives metro districts the power to levy fines, fees, and taxes to pay for various construction projects within their territory. However, there is no requirement for metro districts to have a process for residents to dispute the fines levied. Moreover, a metro district could foreclose on a resident’s property if they fail to […]
Two Acts affecting associations (MI)
Q: Do you have any update on the Marketable Record Title Act compliance dates, and I heard something about the Corporate Transparency Act? Can you explain how that affects community associations? Read the Q&A………………………………..
765 ILCS 605/18.6 & 765 ILCS 160/1-70: A guide to displaying an American or Military flag in an Illinois Community Association
Can your HOA’s restrictive covenants or condominium documents ban flags? The ability to ban flags in community associations has become controversial in recent years. In many states, there have been news articles, and even lawsuits, involving owners who have encountered issues displaying political flags, thin-blue line flags, or flags from other countries. Generally, a community […]
The Chaos Inside the Corporate Transparency Act: How you can help now
As of March 1, the Alabama Federal Court found the Corporate Transparency Act to be unconstitutional, and chaos ensued. Unfortunately, the court ruling doesn’t apply to community associations — condominiums, housing cooperatives, and homeowners associations. According to the U.S. Department of Treasury, the only entities this court ruling applies to is the plaintiff, an individual […]
Bill to enhance condo safety measures post-surfside awaits governor’s signature (FL)
After the Champlain Towers South collapse killed 98 Surfside residents in 2021, the Legislature moved quickly to beef up structural inspections. Those reforms continued last month, when the Senate voted 40-0 to approve HB 1021, which now awaits Gov. Ron DeSantis’ signature. Read the article…………………………….
Legislative Update—Proposed Changes to H 3180 Could Impact HOAs (SC)
As recently mentioned here on March 28, 2024, the South Carolina Legislature is currently considering a bill that impacts the ability of community associations to collect assessments from non-paying members of their communities. As originally drafted, House Bill 3180 would have eliminated any HOA’s ability to foreclose its lien when someone didn’t pay their assessments. […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. . . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface […]
AB 1458 Stop, Adjourn, Then Proceed: New Reduced Quorum Requirements Help Make Every Vote Count (CA)
Recent legislation has provided various tools to remedy the difficulties that many associations face due to the lack of member participation in director elections. AB 502 went into effect in 2022, permitting elections by acclamation when the number of qualified candidates running for a board of directors is less than or equal to the number […]
FINCEN’s position unclear on HOA beneficial ownership (NV)
We continue our discussion on the Anti-Money Laundering/Corporate Transparency Act and how it will affect our HOAs in Nevada. What is somewhat ambiguous is whether or not community managers will be deemed individuals with “substantial control,” as that term is defined in 31 C.F.R §1010.380(d)(1)(i). When reviewing the definition, it can be argued that, essentially, […]
When Law Enforcement Wants the Association’s Records (FL)
An HOA here in South Florida recently fought the State Attorney’s Office tooth and nail when they attempted to obtain copies of the association’s official records. There’s no doubt that as a result of that one HOA, the following law was passed: Read the article…………………………….
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Rentals and condos would be required to allow pets under proposed bylaw in Arlington (MA)
A new bylaw proposed by Arlington animal would require rental and condominium agreements to allow common household pets. “An animal is like a family member. I would be heartbroken if I had to separate from my cat,” said Paul Schlichtman, who’s behind the legislation. He said the bylaw would allow residents to own common household […]
Deadline Regarding The Marketable Record Title Act (MI)
The Michigan State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community association boards and managers may not be familiar with the MRTA since its provisions historically have not affected community association administration, the 2019 amendments make it necessary for some homeowners associations to act before March 29, 2024. Subdivisions/homeowners associations […]
South Carolina Legislature Considering Two HOA Bills
Two bills, one dealing with the foreclosure process for homeowners associations and one dealing with HAM radios, have received attention from the South Carolina House of Representatives in the past weeks and are gaining momentum. On March 26, 2024, a subcommittee hearing took place at which both bills were considered. Read the article…………………………….
What is SB 4-D and why might it make your older condo suddenly unaffordable? (FL)
If you own a Florida condo over three stories tall and over three decades old, you may be seeing some serious association fee hikes coming soon……According to the SB 4-D bill, the deadline for inspecting buildings 30 years old and older is Dec. 31, 2024. Read the article…………………………….
My Safe Florida Condominium Pilot Program: Impact to Florida Condo Associations
Recent Florida legislation (HB1029 and SB1366) established the My Safe Florida Condominium Pilot Program designed to enhance the resilience of condominiums against hurricanes. Effective on July 1st, 2024, the program provides licensed inspectors, grants, and guidelines for hurricane mitigation projects funded by $30 million in state funds. Read the article…………………………….
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Bill requiring Florida HOAs to provide residents with its rules unanimously passed
The state House and Senate have each unanimously approved a House Bill 1203 related to Homeowners’ Associations in Florida. The legislation would require HOAs in the state to give each resident its rules and covenants and force them to let each person know of any updates to those documents. Read the article…………………………….
Condo Column: Condo Law Legislative Update – 2024 (CT)
Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” – Plato. This year’s slate of pending legislation includes an old, worn out retread, and some new ones. None have as yet passed and are in various committees. Part 1………………… Part 2………….. […]
From Now On…….HOA Directors Are On the Radar as Well (FL)
There’s no question that 2024 will be remembered as the year that both HOA and Condominium law were jolted. This week, let’s discuss how HOA directors can wind up behind bars. Read the article…………………………….
Bills to reform Colorado’s construction defects law advance in Legislature
Two bills aimed at reforming Colorado’s construction defect law advanced through the Legislature this week, one to spur more condo development by lowering insurance costs and another to give homeowners more protection against shoddy construction. They both have to do with the state’s Construction Defect Action Reform Act, which sets up a process for homeowners […]
A Glimmer of Hope for Co-ops and Condos Struggling with LL97 (NY)
A bill giving tax breaks to co-ops and condos in return for energy efficiency upgrades has a strong chance of passing in the State Senate, thanks to support from a majority of New York City Council members. If enacted, the Green Buildings Act would offer a lifeline to apartment buildings struggling to meet Local Law […]
New Laws Protect Bird-Friendly Yards From Neighborhood Rules
Even as her yard blossomed with black-eyed Susans and milkweed, Melinda Soltys didn’t consider herself a gardener; she just wanted to see more wildlife. After learning how native vegetation improves habitat for the animals she hoped to attract, Soltys grew a haven for birds and butterflies in her front yard. “As soon as you start […]
Nebraska bill seeks to prohibit homeowners associations from banning political signs
Nebraska homeowners would be allowed to display political signs on their property during election season without restriction from their homeowners association, under a new bill in consideration in the Legislature. Read the article…………………………….