A new law in Washington state concerns electric vehicle charging stations. It prohibits community associations from adopting or enforcing provisions in their governing documents that effectively prohibit or unreasonably restrict the installation or use of an electric vehicle charging station…. Read the entire article……………………………….
New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners’ Associations
Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative corporations, and other real estate development associations now have six years from transfer of control of the association from the developer to the unit owners […]
Impact of 2022 Legislative Summary on Community Associations
The 2022 session of the Florida Legislature was statistically slightly above average with 1700 bills considered in its 60-day session. A total of 238 bills were passed by both houses and will be presented to the governor for his signature. Thirty bills were filed that could have impacted community associations. For residents of condominiums, the […]
HOA Homefront: Time almost up to remove illegal rent restrictions (CA)
The first version of Civil Code Section 4741, banning “unreasonable” rental restrictions, became law in 2021, and also originally required HOAs to amend their governing documents to remove such provisions in 2021. Read the Q&A……………………………….
New Arizona law intends to crack down on ‘oppressive’ HOA rules (AZ)
Homeowner associations in Arizona will now have a more difficult time regulating residents attempting to organize against the HOA after lawmakers have successfully passed a new set of guidelines. Read the entire article……………………………….
McHenry County property owners can remove illegal covenants from deeds (IL)
Homeowners who find illegal restrictive covenants on their property documents can easily have them removed under a new Illinois law, McHenry County Clerk and Recorder Joe Tirio said in a news release. Read the entire article……………………………….
Missouri bill would cut down on HOA solar restrictions
The Missouri legislature passed a bill that would cut down on HOA solar restrictions, exempt some solar installations from sales taxes and more. Renew Missouri applauded the passage of SB 745 as a significant win for solar in the Show-Me State and urged Gov. Mike Parson to sign the legislation as soon as possible. Read the […]
Co-ops and Condos Oppose Bill Requiring Higher Temps in Buildings (NY)
In New York City, tragedies give birth to laws. It happened in 1979, when a chunk of a building fell to a sidewalk on Upper Broadway and killed a college student, moving the City Council to enact Local Law 10. It required building owners, including co-op and condo boards, to perform regular inspections and repairs […]
2022 Maryland Community Association Legislative Update
The 2022 Maryland General Assembly was an active session for the community association industry. Four bills of particular significance to Maryland’s more than 6,800 common interest communities will become law. These bills will take effect on October 1, 2022. Read the article………………………..
Colorado Legislature Passes HOA Foreclosure Reform Bill
The measure limits homeowners associations’ ability to foreclose on residents who accumulate fines for violating community rules known as covenants. Read the entire article……………………………….
Georgia Legislative Update
The 2022 legislative session has ended in Georgia. Here are a few state and federal legislative items impacting, or potentially impacting, community associations: Read the entire article……………………………….
Everything You Need to Know About the 2022 Amendments to the Michigan Summer Resort and Park Associations Act
Summer resort and park associations are a unique type of community association that have been in existence in Michigan since 1887 but generally have been superseded over the past several decades by homeowners and condominium associations. Notwithstanding the rise of other types of community associations, Michigan summer resort and park associations can still be found, […]
AB 1101 – Financial Protection for HOAs: NEXT Gen (CA)
In 2020, a bill helping to define what financial protections for associations look like came into being (AB 2912). As with every good intention, some difficulties in execution arose. You’re required to deposit funds into a bank, savings association, or credit union as long as the funds are covered by insurance provided by the federal […]
Starting May 1, sea level rise risks must be disclosed in all real estate transactions (HI)
Beginning Sunday May 1, all real estate transactions in Hawaii will be required to disclose sea level rise (SLR) risks to properties. The SLR mandate was enacted in 2021 by the State of Hawaii. Supplemental materials, including the Hawaii Sea Level Rise Vulnerability Report, and the Hawaii Sea Level Rise Viewer, have been used to […]
No More HOA Restrictions on Public Streets (CO)
Are there public streets running through your community? If so, does your association currently have rules or covenants governing parking or other activities on such streets? Moving forward, such rules and/or covenants may not be enforced by associations as a result of added language to the Colorado Common Interest Ownership Act (“CCIOA”). Read the entire […]
Southwest Missouri senator’s bill would outlaw homeowners’ associations from banning solar panels
A bill advancing through the state legislature would prevent homeowners’ associations from banning solar panels on the roofs of homes. Senate Bill 820, sponsored by Sen. Eric Burlison, a Battlefield Republican, would make it illegal for “deed restrictions, covenants or similar binding agreements” to forbid homeowners from installing panels on their roof. Read the entire […]
Additional Dwelling Units: How to Interpret the Relevant Statutes and Best Implement Them (CA)
To combat the housing crisis, the California legislature passed a series of statutes that make it easier for property owners to construct Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JDUs” or “JADUs”) on their property. These changes in statutes and the increased use of ADUs and JDUs, necessitate that associations quickly adapt to […]
New changes aim to protect New Jersey condo associations
New Jersey condominiums must follow The New Jersey Condominium Act, as well as state laws, master deeds and rules. In return, owners and residents can reasonably expect a safe and well-maintained living environment. However, old or vague rules and policies don’t always provide the protection or clarity that condo members need. Read the entire article……………………………….
Co-op Boards Have a Word for the Climate Mobilization Act: Terrifying (NY)
A group of co-op board members have gone public with how they feel about the looming cost of the retrofits that will be required to bring their buildings into compliance with the Climate Mobilization Act (Local Law 97). They are, in a word, terrified. Read the entire article……………………………….
End of Legislative Session Update (Spring 2022) (IL)
On April 9, 2022, the Illinois General Assembly adjourned until the fall veto session. Five bills affecting community associations and community association managers passed both Houses during the Spring legislative session. The General Assembly has 30 days after the date the bill passes both Houses to send it to the Governor. The Governor then has […]
2022 Davis-Stirling Act (CA)
Roseman Law, APC has formatted the 2022 Davis-Stirling Common Interest Development Act into an easily searchable, fully bookmarked PDF for your reference. You can view the Davis-Stirling Act Read the entire article……………………………….
Everything You Need To Know About HB2158 (AZ)
HB2158: HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY was signed into law by Governor Ducey on Wednesday, April 13, 2022. This bill applies to both planned communities and condos, and will go into effect 91 days following the conclusion of the 2022 session of the Arizona Legislature. Read the entire article……………………………….
Proposed Federal Legislation to Help Some Condo Owners Pay Special Assessments
As the one-year anniversary of the Surfside tragedy (June 24) approaches, thousands of Florida condominium and cooperative associations continue to assess their buildings’ structural integrity and maintenance needs. Boards who are moving forward with robust reserve funding and extensive repair projects can be met with strong resistance from members who simply cannot afford those items. […]
Colorado legislators signal openness to reviewing HOA laws as fire victims complain of woes
Sandy Quiller, who is obligated to pay hundreds of dollars in homeowners association dues for a home in Superior that was destroyed by the Marshall fire, has found no relief since The Denver Gazette put a spotlight on her story earlier this month. Read the entire article……………………………….
A Late Legislative Arrival: Proposed Reserve Study Requirements (CO)
In direct response to the issues occurring across the nation, Rep. Titone (D) (Wheat Ridge) introduced HB HB22-1387, titled an Act “Concerning Measures to Ensure that A Common Interest Community has Adequate Reserve Funds.” Read the entire article……………………………….
Maryland General Assembly Passes Bill Requiring Reserve Studies
The Maryland General Assembly has passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Under House Bill 107, the reserve study requirement, which was previously applicable to only Prince George’s and Montgomery Counties, is applicable statewide. Read the entire article……………………………….
Artificial turf now allowed in all Arizona HOAs
A circumstance that was never really much of an issue for some Northwest Valley homeowners associations is now not an issue for any Arizona resident. Earlier this month, Gov. Doug Ducey signed House Bill 2131 into law, allowing all homeowners to install artificial turf in any place HOA restrictions on installing artificial turf where natural […]
House Bill 1040: Closures Notifications and More (CO)
The Governor signed House Bill 1040 into law last week, enshrining into law the obligation for community associations to provide notice to community members should it need to restrict access to common elements for more than seventy-two hours. While this is an appropriate, fair, and laudable goal, many other provisions of House Bill 1040 create […]
Federal Legislation Introduced to Address Financing Condo Safety Repairs
On April 18, 2022, Representatives Charlie Crist and Debbie Wasserman Schultz (both U.S. Representatives from Florida) introduced the Securing Access to Finance Exterior Repairs (“SAFER) in Condos Act of 2022. The bill is designed to address one of the main problems identified following the partial collapse of Champlain Towers South in Surfside, Florida, last year. Read […]
Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with Law (CA)
Bad News: If your association’s documents currently contain a minimum rental term of greater than 30 days or a rental cap of less than 25%, they now violate California law. Good news: The Legislature extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022. Read the entire article……………………………….
Updated Statutory Disclosure Requirements for Illinois Condominium and Community Association
The Illinois legislature recently approved two pieces of legislation that amend the Illinois Condominium Property Act (“ICPA”) and Common Interest Community Association Act (“CICAA”) and update the disclosure requirements for condominium and community associations Read the entire article……………………………….
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.The bill passed the House overwhelmingly, with a vote of 63-3, and the Senate 34-1, was signed by Gov. Brad Little late last month Read the entire article……………………………….
Federal Legislation Supports Condo Structural Repairs
U.S. Reps. Charlie Crist (D-St. Petersburg) and Debbie Wasserman Schultz (D-Broward, Miami-Dade) introduced the Securing Access to Finance Exterior Repairs (SAFER) in Condos Act of 2022 yesterday. The legislation, a response to the partial collapse of Champlain Towers South in Surfside, Fla., on June 24 in which 98 people died, allows condominium homeowners to finance […]
Colorado legislators signal openness to reviewing HOA laws as fire victims complain of woes
Sandy Quiller, who is obligated to pay hundreds of dollars in homeowners association dues for a home in Superior that no longer exists following the Marshall Fire, has found no relief since the Gazette put a spotlight on her story earlier this month. Read the entire article……………………………….
More Good News for Carbon-Cutting Co-op and Condo Boards (NY)
State regulators have given the green light to a $4 billion hydroelectric transmission project that will bring renewable energy from Canada to New York City — and help co-op and condo boards wean their buildings from fossil fuels, a key step toward compliance with the city’s Climate Mobilization Act. Read the entire article……………………………….
In a Boost to Co-ops and Condos, State Budget Backs Wind Farms (NY)
For New York City co-op and condo boards struggling to cut their buildings’ carbon emissions enough to satisfy the stringent Climate Mobilization Act, the state’s $220 billion budget for 2022-23 contains some welcome news. Most notably, Crain’s reports, the budget includes a record-breaking investment in renewable energy and in trying to protect the environment from […]
House Bill 1137: Draft Amendments Still Impossible (CO)
If you pay attention to this blog or are involved in Colorado community association activities, you’ve certainly seen recent news stories detailing the impacts of HOA foreclosures on residents. While most of the foreclosures in the stories arose when owners failed to pay fines after violating rules or covenants, other foreclosures occurred because the owners […]
New Arizona law intends to crack down on ‘oppressive’ HOA rules
Gov. Doug Ducey has signed a bill prohibiting homeowner associations from regulating political signs that may be critical of the HOA. Read the entire article……………………………….
Proposed Miami Condo Rules Wouldn’t Prevent Another Collapse, Engineers Say
A month after Florida lawmakers failed to require more frequent and more thorough inspections of aging condominium buildings, Miami-Dade County officials have drafted their own reforms. But a few engineers said the proposed changes, which are set to receive a public hearing today, April 13, wouldn’t be enough to prevent another tragedy like the collapse […]
Civil Code § 5551 and Complying with Safety Inspection Requirements of Balconies (CA)
On August 30, 2019, Governor Gavin Newsom signed Senate Bill 326 into law. This law, which went into effect on January 2020, added §5551 to California’s Civil Code. The added section imposes inspection requirements for “exterior elevated elements” which a common interest development’s association has maintenance or repair responsibilities. This requirement does not apply to […]
Extra! Extra! Governor Ducey Signs HB2131 (Prohibition on Ban of Artificial Turf in a Planned Community) (AZ)
It’s official! 81 days into the 2022 Arizona Legislative Session, the first major bill pertaining to planned communities was signed into law. On March 30, 2022, Governor Ducey signed into law HB2131 which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819) and paves the way for planned community owners to install […]
Proposed Legislation Would Permit Changes In Percentage Interests Without Consent of All Unit Owners and Mortgagees (MD)
House Bill 358, now pending in the Maryland General Assembly, would allow alterations in the percentage interests assigned to each unit in the common elements by a vote of less than 100% of the unit owners. Read the entire article……………………………….
Ducey signs bill eliminating HOA restrictions on artificial grass (AZ)
Supporting the need to preserve water and protect private property rights, today Governor Doug Ducey signed into law HB2131. The bill was sponsored by Rep. John Kavanagh – Fountain Hills, after he was contacted by valley resident Sherry Lund. The need for such a law was recognized when Ms. Lund and her son Bradford Lund, […]
NIMBY surfers despair as coveted Hollister Ranch beaches open to the public (CA)
Starting April 1, 2022, Hollister Ranch should be very much open to public access, thanks to Gov. Gavin Newsom, who signed Assembly Bill 1680 into law in October 2019. The bill ostensibly puts an end to a decadeslong battle between those who own property at Hollister Ranch and the public over who is legally allowed […]
Whose Rights Should Our Laws Protect? (CA)
AB 3182 was a poison pill for condominium owners, reducing our ability to maintain the long-term residential nature of our communities by allowing more homes to be rented for shorter periods of time. Some owners might have been pleased by this, but a presumed application of this law serves a different constituency entirely. Read the entire […]
Illinois bill would require condo boards to give unit owners access to building records more quickly
A state senator who represents part of Chicago’s North Lakefront wants to improve access to building maintenance records for condo owners. In the wake of last year’s collapse of an oceanfront tower in South Florida, state Sen. Sara Feigenholtz wants the Illinois General Assembly to require condo boards to release any reserve study of required […]
Short-term rental court opinion may limit HOA powers
Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion. This opinion changes the assumption that CC&Rs may protect communities from predation by STRs. The STR issue is much larger than nuisance, party houses, responding to noise, parking and trash violations. Read […]
White Bear Lake water challenge (MN)
Water is life. No natural resource is more important. That’s why White Bear Lake’s water usage–and its east metro impact and beyond—continues to be addressed by residents, policymakers and the court. Recall various benchmark events triggering the current debate and challenge: Read the entire article……………………………….
Oregon HOAs and Condominium Associations Must Remove Discriminatory Language by End of Year
Pursuant to HB 2534—a bill that passed the Oregon Legislature in 2021—homeowners associations and condominium associations are required to review their governing documents and either (1) remove discriminatory language or (2) certify the nonexistence of such language on or before December 31, 2022. Read the entire article……………………………….