A bill was filed prior to the start of the Oklahoma legislative session to end housing restrictions against residential solar power projects. Ardmore Rep. Tammy Townley filed House Bill 1023 which provides that an owners association, such as an HOA, may not prohibit the installation of solar energy systems. Read the article………………………..
MORE FROM CAPITOL HILL (CO)
Earlier this week, two new bills were introduced into the State House for consideration that are directly aimed at Homeowners’ Associations. Read the article………………………..
Recent Amendments to The Michigan Marketable Record Title Act and How to Avoid the Extinguishment of Restrictive Covenants (MI)
Michigan’s Marketable Record Title Act, MCL 565.101, et seq., has been around since 1945, yet many homeowners associations are unaware of the Michigan Marketable Record Title Act and its potentially devastating impact on their communities. This article will provide a brief background on the Michigan Marketable Record Title Act and its 2018 amendment that opened […]
CLAC Update 2023 (CO)
The 2023 Colorado legislative session is fast approaching, and the CAI Colorado Legislative Action Committee (LAC) team is already preparing to ensure that we are working with our membership to protect the interests of community associations in our state. To that end, the LAC has engaged a new lobbying team. Taylor Hickerson with Policy Matters […]
How HB 22-1137 Changed the Face of Covenant Enforcement in Colorado Common Interest Communities
Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022 Read the article………………………..
House Bill 1795 Comes Alive! (PA)
House Bill 1795 becomes effective May 2, 2023. It has made changes and additions to Pennsylvania laws regarding community associations. Read the article………………………..
Bill aimed to prevent limitations on home daycares passes state House (WA)
The sponsor of HB-1199, Representative Tana Senn, said Washington is in a childcare crisis, with not enough options for families. That is why she was concerned when she spoke to around 90 daycare providers in the state who are either getting fined by their homeowners’ associations or are being threatened with eviction for running daycares […]
Legislation Regarding Structural Integrity and Condo Safety
On June 24th of 2021, the industry awoke to the tragic news of Surfside. In the immediate months following, Community Associations Institute (CAI), various industry leaders and state legislators came together to discuss solutions, and eventual legislation that would help avert similar tragedies in the future. In May of 2022, Senate Bill 4-D: building safety, […]
2023 Davis-Stirling Act (CA)
……the 2023 Davis-Stirling Common Interest Development Act into an easily searchable, fully bookmarked PDF for your reference. Read the article………………………..
Assembly Bill 1410 Legislative Update (CA)
Governor Newsom signed Assembly Bill (AB) 1410 on September 30, 2022, which took effect on January 1, 2023. Adding to existing law prohibiting community associations from restricting the free speech rights of members or residents, the bill prohibits associations from: Read the article………………………..
Homeowner Associations, Reasonableness Of Fees: $132,070.40 Fee Award To Defendant Homeowners Was Affirmed On Appeal (CA)
Plaintiffs Pled CC&Rs As A Basis For Nuisance Claim, So There Was Fee Entitlement Under Civil Code Section 1717, CCP Section 1021, And Civil Code Section 5975, With The Fee Award Being Reasonable After A Minor Haircut By The Trial Judge. Read the article………………………..
How to Mitigate the Impact of Short-Term Rentals in Your HOA Community (CA)
A new Civil Code Section 4739 says that the HOA may not prohibit owners who live in their residences from renting a room to a tenant, although the HOA can limit the term of the rental to a period of 30 days or less. Read the article………………………..
2023 State Legislative Update: Condominium Safety Legislation
CAI’s Government and Public Affairs team announced the community association industry 2023 legislative and policy priorities in December 2022. Condominium safety issues including reserve studies and funding, building inspections and maintenance, and repair funding topped the list of industry issues anticipated at the state level in the United States. Read the article………………………..
Connecticut homeowner associations can no longer block solar installations
The provision was added to the 35-page Connecticut Clean Air Act before it was approved by lawmakers last session. Associations may still adopt rules on the size and placement of solar installations. Read the article………………………..
Homeowners Association Notices Now Due (WI)
Attention all homeowners’ and large condominium associations; be sure to review the recently adopted Wis. Stat. §182.01(7) and §710.18, regarding regulation and notice filing requirements for residential lot homeowners’ associations, and Wis. Stat. §703.20(1r) requiring large condominium associations to maintain a website for the condominium association, Read the article………………………..
State lawmaker acts in wake of investigation that uncovered gaping hole in Utah law
A state lawmaker is acting in the wake of a 2News Investigation that uncovered a gaping hole in Utah law when it comes to sex offenders and homeowners’ associations. Read the article………………………..
State Bill Aims at Outlawing HOAs From Banning Section 8 Renters (TX)
A bill filed in the state legislature is taking aim at an embattled North Texas homeowner’s association. Providence Village in Denton County came under fire last summer when it all but banned Section 8 renters in its HOA. Read the article………………………..
Sound the Alarm: New Illinois Law Requires 10-Year Battery Smoke Alarms to Be Installed in Homes
In 2017, the Illinois General Assembly passed Public Act 100-0200 to update the Illinois Smoke Detector Act. Public Act 100-0200 requires all Illinois single and multi-family homes to have a smoke alarm with a sealed 10-year battery by January 1, 2023. The legislator provided several exceptions to this law—please review to see if your community […]
Hawaii Lawmakers Considering HOA Ombudsman Program
A bill implementing an ombudsman program for community associations is slated to be introduced in the Hawaii legislature this month. The proposal seeks to establish a third-party watchdog to help settle disputes between associations and their residents, according to published reports about the legislation. Read the article………………………..
Providence Village HOA’s Section 8 ban would be illegal if Texas bill passes
A bill introduced in the Texas House last week would prohibit homeowners associations from restricting what forms of payment landlords can accept, including Section 8 Housing Choice Voucher payments. Read the article………………………..
NEW LAWS EFFECTIVE JANUARY 2023 and OTHER RECENT CHANGES IN THE LAW IMPACTING COMMUNITY/HOMEOWNERS ASSOCIATIONS (CA)
As it does just about every year, the California Legislature has made changes to the law impacting community association’s statewide. This article covers those changes effective January 1, 2023 and other recent changes in the law that are worthy of being mentioned, as they may apply to your California community association. We have included examples […]
Michigan Passes Law Allowing Owners And HOAs To Remove Discriminatory Restrictions From Deeds And Other Recorded Documents
A new Michigan law went into effect on December 13, 2022 called the Discharge of Prohibited Restrictive Covenants Act (“Act”). This Act gives Michigan property owners and Michigan community associations a new and easy way to affirmatively remove discriminatory restrictions from deeds and other recorded documents. If a restriction is found in recorded community association […]
New Legislation Needed for Required Maintenance Affecting Condominium Building Structural Integrity and Safety (FL)
As to the title of this article, anyone familiar with Senate Bill 4-D and the newly required milestone inspection reports and structural integrity reserve studies primarily applicable to condominium and cooperative buildings three stories and higher knows that material alterations, special assessments, and the authority to borrow funds are not mentioned in the legislation. So […]
How Will Florida Condo Safety Law Impact Housing?
In May of last year, the Florida legislature passed and Governor Ron DiSantis signed, Senate Bill 4D, An Act Relating to Building Safety to address issues related to the collapse. However well intentioned, local Home Owners Associations and building managers are just now beginning to grapple with the massive implications of the new law. Read […]
Court Rules HOA’s Restrictive Covenants Prohibit Short-Term Rentals Even Though Leasing Was Allowed (MI)
HOA short-term rental restrictions continue to remain a hot button issue for municipalities, property owners, and homeowners associations in Michigan. During the 2021-2022 legislative session, numerous short-term rental bills, specifically HB 4722, HB 4985, HB 5465, HB 5466, HB 5605, SB 446, and SB 547, were introduced in the Michigan legislature that attempted to define […]
New Law Impacts Illinois Condo Association Document Requests, Deadlines, and Fees (IL)
A new Illinois law went into effect on January 1st, 2023 that impacts the required disclosures for a sale in a condominium association. Along with a brief explanation of the applicable law, this article will provide board members and management with a summary of the 2023 update including legal requirements, fee limitations, and deadlines. Read […]
Covenant Enforcement in the HB-1137 World (CO)
Winter is a great time to review your association’s governing documents including your declaration and rules and regulations to ensure your association is moving forward in a positive direction. Specifically, you want to make sure that your governing documents match up to how the Board and the community see the Association moving into the future. […]
Live in an HOA? The Idaho legislature quietly created a new HOA act: here’s what’s included
The Idaho Legislature quietly revamped the state’s laws relating to homeowner’s associations this session. Read the article………………………..
88th Texas Legislative Session Bills Filed So Far
The 88th Texas Legislative Session has unofficially started with bills that potentially affect property owners associations (POAs) already being filed. Before the session kicks into high gear later this month, let’s look at what has been filed thus far. The bills discussed below were filed prior to December 13, 2022. Read the article………………………..
The Texas Property Code Chapters That Community Managers and Board Members Need to Know (TX)
The POA industry is filled with policies, rules and regulations. As self-governing entities, POAs adopt governing documents, bylaws and more that outline the expectations for all residents. But it is not just the residents that have to follow rules and regulations. The majority of the rules and regulations POAs are required to follow are set […]
Gov. Kathy Hochul vetoes bill to close NY tax loophole for condo owners
New York Gov. Kathy Hochul has vetoed a bill that would have closed a loophole in state law that gives tax breaks to owners of big suburban homes classified as condominiums. Read the article………………………..
City Releases “Final” Rules on Compliance With Local Law 97 (NY)
The other shoe has dropped — sort of. After releasing draft rules and holding a public hearing, the city’s Department of Buildings (DOB) has issued final, though incomplete, rules on how co-op and condo boards can comply with Local Law 97, the centerpiece of the Climate Mobilization Act. Read the article………………………..
Indiana HOA Solar Panels: House Bill 1196 Has Been Signed
The Indiana HOA solar panel law has been signed. But, what is it exactly? And how does it affect homeowners associations? Read the article………………………..
New Missouri Law Affects Municipal Control over Home Occupations
Unlike municipalities, HOA’s are not prevented by the new law from restricting work from home in their respective subdivisions so long as their governing documents provide for such restrictions. Read the article………………………..
Will property insurance rates go down? Answering questions after Legislature’s action (FL)
One of the unexpected changes in this year’s legislation was that every Citizens policyholder will be required to carry flood insurance by 2027. But what about policyholders in high-rise condominiums? Would someone on the 30th floor, for example, really have to get flood insurance?Sen. Jason Pizzo, D-Miami, said most residents in his coastal Broward and Miami-Dade county district live in […]
Is this the end of the manicured lawn? (MD)
A Maryland couple was ordered by their homeowner association to rip out their wildlife-friendly plantings for a manicured lawn. Instead they sued – and ended up changing state law. Watch the news report……………………………..
January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching (FL)
Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of Condominiums, Timeshares, and Mobile Homes: Read the article………………………..
New flood insurance requirements can mandate coverage for homeowners (FL)
Several factors, including the number of properties with flood protection, affect FEMA’s rating system for each community, which can keep premiums down. “It encourages maximum coverage,” Calleros Gauger said. So, say, you’re living on the fifth floor of a condo. Do you need flood insurance? “But your condo (HOA) needs it, because it touches the […]
DeSantis OKs $750M in hurricane relief for Volusia, other counties (FL)
“I’m absolutely ecstatic that all of our efforts paid off in the fact that condo associations were included,” said Taylor, who among other condo owners is advocating with elected officials for recovery help. She said that while she’s “delighted with the funds,” the expenses are far greater than a potential $150,000 reimbursement. Read the article………………………..
Special session passes changes to property insurance that may not help homeowners (FL)
With property insurance described as a “hidden tax” on homeowners, the Florida House on Wednesday gave final approval to a plan aimed at stabilizing the state’s troubled insurance market. The Republican-dominated House voted 84-33 along party lines to pass the bill (SB 2-A) on the final day of a special legislative session. The Senate approved […]
Arizona Prop 209: The Predatory Debt Collection Protection Act and How It Impacts Arizona HOAs
Arizona Proposition 209, otherwise known as the “Predatory Debt Collection Protection Act,” will directly impact homeowners associations and planned communities. Prop 209 states that an HOA will be limited in its ability to garnish a delinquent owners’ earnings or bank account. This is especially important for board members to understand as garnishment can be a […]
New Website Requirement for Wisconsin Condominium Associations and Their Property Managers
Condominium associations and their property managers should be aware of a new subsection (1r) added by the Wisconsin State Legislature to the 2021 Wisconsin Act 166 requiring condominium associations of 100 units or more to maintain a website that satisfies the conditions listed below by April 1, 2023. Those that do not comply may face […]
Homeowners’ associations no longer allowed to prevent installation of electric charging stations on private property (NY)
Clean transportation has been something New York State has been working towards, and Governor Kathy Hochul recently took steps to get there. A new law passed that helps to remove barriers to the installation of vehicle charging stations. The overall goal is for the state to reach 850,000 zero-emission vehicles by 2025. After that goal […]
Looking to 2023: CAI Federal Legislative & Regulatory Affairs
CAI’s Federal Legislative Action Committee is carrying momentum from 2022 into the 118th Congress, which convenes in Washington, D.C., on Jan. 3. This past year saw important legislation introduced in Congress to help condominium homeowners finance major building repairs, a CAI-led coalition working to support mortgage credit for condominium and cooperative homeowners, and renewed interest […]
94th Arkansas General Assembly/NPDES Permits: Property/Homeowner Associations Exemptions
This statutory provision provides certain exemptions from the Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) or state permits for nonmunicipal domestic sewage treatment works. The legislation would add (vi) to the exemptions from (C): (vi) A property owners’ association or homeowners’ association that operates a nonmunicipal domestic sewage treatment works that services a […]
2023 Illinois HOA/Condo Legislative Updates
As the new year approaches, it is important for association boards and community association professionals to be cognizant of new laws that may impact the industry. For 2023, there are a few updates, mainly to Section 22.1 of the Illinois Condominium Property Act. This change to Section 22.1 was made in response to prior litigation […]
Enforcing Covenants Under HB 22-1137 – *Winter is Coming* (CO)
HB22-1137 (“1137”) has changed the way associations evaluate and conduct enforcement procedures. 1137 created significant hurdles for associations to effectively enforce their covenants, such as the requisite for specific notice requirements – which now mandates two thirty-day cure periods and requires the association to inspect and notify the unit owner once the property comes into […]
Following Surfside condo collapse, Jacksonville councilman introduces new mandatory building inspection bill (FL)
Legislation would require all condominium or co-op buildings over 3 stories tall & more than 25 years old to be inspected immediately Read the article………………………..
2022 Year-End Review of California Legislation and Cases which affect Community and Homeowners’ Associations
2022 Year-End Review of California Legislation and Cases which affect Community and Homeowners’ Associations Read the article………………………..
New York Won’t Allow HOA’s to Ban Electric Car Charging Stations
In a press release on Tuesday, New York State Governor Kathy Hochul announced that she had signed legislation that would prevent homeowners’ associations from prohibiting charging stations for electric vehicles. Read the article………………………..