Here we go again with HOA legislative efforts that continue to miss the target on why all HOA State laws and HOA governing documents are mostly ineffective from the homeowner’s perspective: not one contains any means of enforcement. In addition, the multibillion-dollar HOA industry in Colorado is totally unregulated/has no oversight and those in the […]
New Appellate Case: Almason v. Southgate on Fairview Condominium Association (NC)
In a decision issued today (February 1, 2022), the North Carolina Court of Appeals examined several issues that associations deal with regularly—budget ratification, owner attendance at board meetings, rules governing board meetings, and association records requests. Nothing in the decision is groundbreaking, but the findings of the court may provide comfort that your association practices […]
Communities ask for legislature’s help with short-term rentals (AZ)
Since a law prohibiting municipalities from creating short-term rental restrictions was signed into law in 2016, some Arizona homes have been constructed for the purpose of hosting overnight renters. Many Valley leaders want the state legislature to roll back or repeal Senate Bill 1350 or give local governments more tools to combat the law’s unintended […]
New, more aggressive condo recertification law moving though state Legislature, impact on Key Biscayne (FL)
State lawmakers this week took a step closer to expanding Miami-Dade County’s recertification precedent with stricter rules stretching across the state – one of which would encompass just about every tall multi-family residential building on Key Biscayne. Read the entire article……………………………….
Weeding Out Marijuana in Your HOA (MN)
There has been a lot of talk in the past few years about the possibility of Minnesota legalizing recreational marijuana. While this has not happened yet, Minnesota has taken another step in that direction by legalizing medicinal marijuana in all forms. Effective no later than March 1, 2022, Minnesotans will be able to use medicinal […]
Condo Column: NH bill proposes a tax break for condo owners
Thanks to a client of mine, I learned about pending legislation in the New Hampshire Legislature this year that rightfully should be very helpful to condominiums. But let me first give some background. Read the entire article……………………………….
Measure would protect flying flags honoring first responders in HOA communities (AZ)
Calling it a matter of free expression, a House panel voted Wednesday to give residents of homeowner associations and condos the right to fly flags supporting first responders.But don’t even think about hoisting a “gay pride” flag — or any other flag that could be considered a matter of personal beliefs. That right would not […]
‘No one else can force you to put it in’: Lawmaker proposes end to government, HOA rules requiring lawns (UT)
As a way to help promote water conservation statewide, a Utah legislator has put forth a bill that would ban government entities and homeowners associations from requiring residents to have and maintain lawns or turf. Read the entire article……………………………….
Florida Senate committee advances bill to set statewide condo inspections
The measure would establish a mandatory structural inspection program for multi-family residential buildings that are greater than three stories and larger than 3,500 square feet. Read the entire article……………………………….
Bills Affecting Community Associations in the 101st General Assembly – Updated January 25, 2022 (IL)
As January ends, the 2022 legislative session is now in full swing and moving quickly. The General Assembly intends to end session in early April because it is an election year. However, COVID continues to present difficulties for the General Assembly to meet and conduct business in-person, which has already resulted in the cancelation of […]
Fla. Construction Defect Bill Would Hurt Consumer Interests
Last year, Florida politicians attempted to weaponize Chapter 558 of the Florida Statutes and eviscerate the cause of action for violations of the Florida Building Code. Thankfully, that legislation died in committee and never saw the light of day. Unfortunately, through H.B. 583 filed by Rep. Clay Yarborough, R-Jacksonville, and S.B. 736 filed by Sen. […]
Did You Know? SB 432 Corrects Problems with Recall Elections Created by SB 323 (CA)
When SB 323 took effect on January 1, 2020, it greatly modified the Davis-Stirling Common Interest Development Act’s election procedures, including timelines for conducting an election. In the process, it inadvertently created a conflict in the law regarding recall elections that community associations have been struggling with ever since. Read the entire article……………………………….
House panel approves bill to create ombudsman, appeals process for HOA disputes (FL)
HB 1033 seeks to keep HOA disputes from reaching the courts. Floridians who tussle with homeowners associations (HOAs) could soon see a few more layers of process before anyone gets fined or goes to court under a bill approved Thursday by the House Regulatory Reform Subcommittee. Read the entire article……………………………….
Hollis’ HB9 Misunderstands Property Rights (LA)
When a legislator fundamentally misunderstands the nature of property rights, he produces a bill like Republican state Rep. Paul Hollis’ HB 9. The bill cued up for the 2022 Regular Session would negate large swaths of homeowner association rules, although no one can say for sure just how extensively because of its incredibly broad language. […]
New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters (NJ)
On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner associations and cooperative corporations until the first election when unit owners take majority control of the association board (“Transition”). Read the entire article……………………………….
Do HOAs have too much power? One state lawmaker says yes (LA)
A Northshore state lawmaker has filed legislation that he says seeks to stop homeowners’ associations from infringing on constitutional rights. Rep. Paul Hollis, a Covington Republican, says he also is considering filing a bill that would allow homeowners to opt out of HOAs. Read the entire article……………………………….
HSTPA Amendment is Good for Co-ops (but, is it good for ALL co-ops?) (NY)
On December 22, 2021, Governor Hochul signed into law (Real Property (RPP) CHAPTER 50, ARTICLE 7) an amendment which exempts coopera-tives from many of the onerous provisions of the Housing Stability and Ten-ant Protection Act (HSTPA) of 2019. Under the HSTPA, late fees imposed by landlords, including co-ops, were limited to $50 or 5% of […]
Bill would require new residential buildings to be ready to accommodate EV charging (IL)
A measure before the General Assembly would require new and renovated residential or commercial buildings to set aside parking spaces that could easily be converted into electric vehicle charging stations. Read the entire article……………………………….
Following Surfside tragedy: ‘Why are we punishing homeowners who are completely innocent?’
In the wake of the deadly collapse of a South Florida condominium in Surfside in June, lawmakers in Tallahassee this week are pursuing legislation to protect builders from frivolous lawsuits. (Ed. Note – the use of the word “frivolous” is from the lobbyists – these bills make it harder for ever well-deserved lawsuits) Read the entire […]
Some Illinois residents are using a new law to rid their property records of racist language
For $10, Illinois homeowners can pay to remove racist language from their property deeds that once proliferated in the 20th century. A new state law is now in effect, which allows individuals, condo associations and other property owners to request that their local county recorder get rid of illegal restrictive covenants. Read the entire […]
Arizona lawmaker seeks to override HOA rules against turf
The Fountain Hills Republican has proposed a state law to override any rules of a homeowner association that requires lawns to be seeded with real grass. Instead, it would permit residents to tear all that out and replace it with artificial turf. Read the entire article……………………………….
Florida lawmakers will soon meet for first time in a post-Surfside world. Will they change any laws?
Will Florida lawmakers implement any condo law reforms in the wake of the Surfside condo collapse? Here are some of the reform ideas being recommended. Read the entire article……………………………….
Utah bill would prevent cities, HOAs from enforcing grass rules
A Utah lawmaker is pushing a bill that would dramatically change the rules for cities, counties, and homeowners’ associations when it comes to grass. Read the entire article……………………………….
State Legislation Filed to Prevent HOA Fines from Becoming Liens (FL)
Kissimmee State Representative Kristen Arrington introduced HB 1039, an Act to prevent unpaid HOA fines from becoming liens that could lead to properties being seized, and HB 6103, which would repeal the ability for HOAs to issue fines. The companion legislation, SB 1362 and SB 1364 were filed by Orlando State Senator Victor Torres. Read […]
Legislative Changes Opens the Door to New Options for Resolving ‘Disputes’ In Condominium and Cooperative Associations (FL)
Earlier this year, the Florida legislature passed changes to Florida’s Condominium Act (Chapter 718) the Cooperative Act (Chapter 719), and the Homeowners Association Act (Chapter 720), Florida Statute. These amendments went into effect on July 1, 2021 and opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit […]
State Water Board adopts emergency water use regulations to boost drought resilience (CA)
The prohibitions will remain in place for one year unless extended, modified or removed. They help ensure that Homeowners’ Associations, cities and counties don’t unlawfully restrain homeowners from taking water conservation actions. Even without the emergency regulation, it is illegal for HOAs to prevent water conservation during a drought emergency, but the regulation allows for […]
Community Association Statutory Pre-suit Alternative Dispute Resolution Requirements (FL)
The question has been presented time after time, are we really required to participate in either a nonbinding arbitration or mediation prior to filing a lawsuit? The answer is not as simple as it seems. Read the entire article……………………………….
State Legislators Want to Keep Unpaid HOA Fines From Becoming Liens (FL)
With the Legislature meeting in Tallahassee in January to kick off the regular session, this week, state Sen. Victor Torres, D-Orlando, and state Rep. Kristen Arrington, D- Kissimmee, filed a proposal “to prevent unpaid HOA fines from becoming liens that could lead to properties being seized” and another bill “which would repeal the ability for […]
Health & Saf. Code §122319.5. Emotional Support Animal/Dog & Service Dog Definitions (CA)
Health & Saf. Code §122319.5. Emotional Support Animal/Dog & Service Dog Definitions. New statutes and amendments effective January 1, 2022 Read the entire article……………………………….
Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation (CA)
Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation. New statutes and amendments effective January 1, 2022 Read the entire article……………………………….
Victor Torres, Kristen Arrington bills target HOA fines, liens (FL)
Home owners associations across Florida could see their powers curtailed or restricted as it relates to imposing fines and liens against home owners, under legislation introduced by Sen. Victor Torres and Rep. Kristen Arrington. Read the entire article……………………………….
New Colorado Bills HB 21-1229 and HB 21-1061
Concerning Increased Protections for Unit Owners in the Governance of Unit Owners’ Association under the “Colorado Common Interest Ownership Act.” Read the entire article……………………………….
New York City Bans Natural Gas in New Buildings
The New York City Council has passed a bill banning natural gas hookups in new construction under seven stories tall beginning in 2023, extending to taller buildings in 2027, The New York Times reports. The vote makes New York the largest city in the country to impose such a ban, which is designed to slow […]
Updated: Virginia Property Owners Association Act 2021
In Virginia, homeowners associations are governed by the Virginia Property Owners Association Act. Condominiums, on the other hand, follow the Virginia Condominium Act. Legislators recently passed numerous bills affecting these two statutes. Read the entire article……………………………….
A Trio of Year-End Wins for Co-op and Condo Boards (NY)
Co-op and condo advocates can look back on 2021, with justifiable pride, as a year when they marshalled their political muscle to win impressive legislative victories. In recent days, those advocates added three significant legislative triumphs to their trophy case. Read the entire article……………………………….
Pleasanton restricts smoking at townhomes, condominiums (CA)
Smoking will be banned in all common areas and on private balconies or decks of townhomes, condominiums and buildings with three or more attached homes in Pleasanton beginning next summer. Read the entire article……………………………….
Co-ops, Condos and Landlords Fight Ban on Criminal Background Checks (NY)
It’s criminal, as far as many landlords and co-op and condo advocates are concerned. In the waning days of Mayor Bill de Blasio’s tenure, the City Council is set to vote on a bill, Intro. 2047, that would ban landlords and co-op and condo boards from doing criminal background checks on potential tenants or apartment […]
Current and Forecasted Legislation on Community Association Manager Licensing
Last week, we discussed the main trends around occupational licensing legislation in addition to bills that were introduced this year and how they could influence licensing requirements for community association managers. CAI supports self-governance of the management profession that does not impose barriers for existing community managers or those who are new to the industry.
Election By Acclamation Is Now Allowed For Uncontested Elections (AB 502) (CA)
As of January 1, 2022, all associations, regardless of their size, can now forego sending out ballots in an election for the board of directors if the election is uncontested, i.e., the number of nominees does not exceed the number of open seats on the board. This process is referred to as “election by acclamation.” […]
Pleasanton Looks At Expanding Smoking Restrictions To Condos, Townhomes (CA)
The Pleasanton City Council on Tuesday will consider restricting smoking in townhomes, condominiums, and buildings with three or more attached units. One of the council’s stated work plan goals is restricting smoking for multi-family ownership residences to address health impacts of secondhand smoke. The city is proposing a new chapter to its municipal code, applying […]
KPRC 2 Investigates: Homeowner vs. HOA in fence build debate (TX)
Why can’t a homeowner build a fence if the law says it’s ok? State lawmakers passed a new law that allows homeowners anywhere in Texas to put up a perimeter fence around their property for added security. The law specifically states that homeowners associations can not restrict it. But some are trying. KPRC 2 Investigates […]
Things You Should Know About Emotional Support Animal Laws in Florida
Florida’s law on service animals is quite clear. It restricts the type of animal that qualifies for specific work with or without training. It has become a trend for the board operating pet-restricted communities to receive more requests for ESAs than they did previously. Read the entire article……………………………….
Fannie Mae’s Temporary Requirements In Response To The Champlain Tower Collapse Will Have A Negative Impact On Condo Sales (FL)
In the wake of the tragic collapse of the Champlain South Tower in Surfside, Florida, Fannie Mae has announced that it will no longer back mortgages of people trying to buy condominium and/or co-op units in certain buildings with aging infrastructure and significant deferred maintenance. On October 13, 2021, Fannie Mae issued Temporary Requirements for […]
New law aims to keep basketball hoops up, tensions down in restrictive Maryland communities
On a warm day, it wouldn’t be unusual to spot kids shooting baskets in a driveway of Rockland Ridge, a gated Baltimore County community. Since a new state law barred “unreasonable” restrictions on portable hoops, the new homeowners’ association president says she is pleased kids can get out and play the sport, and is thankful […]
2022 Common Interest Development & Community Association Legislative Update (CA)
Yet again, the legislature has enacted a slew of new laws and statutory amendments affecting the operation of common interest development homeowner associations in our state. Implementation of these changes may warrant a revision to an association’s governing documents (including election rules) and most of the changes become effective on January 1, 2022. Our summary […]
Town examines short-term rental regulations (AZ)
Fasano said during staff’s research into the issue, they contacted 26 random homeowners associations in town to see what regulations they had in place to deal with short-term rentals. He said 13 HOAs had some limitation on the rentals but were “a little nervous to enforce that, because it might get tied up in a […]
New laws California HOAs should know about for 2022 and beyond
The 2021 Legislative season in California has ended, and there are some new and exciting HOAs bills that have or will come into affect soon. Owners will probably be happy with most of these new laws. If you have specific questions about how any of these changes will impact your community, please reach out to […]
Utah legislature considers incentives to ditch turf, ban cities and HOAs from requiring lawns
The Utah State Legislature is considering bills to encourage people get rid of “non-functional turf” and block cities and HOAs from requiring lawns. The bills, which will be introduced in the 2022 legislative session, come as the latest winter forecast shows a warm, dry one. Read the entire article……………………………….
Condominium owners face steep costs to comply with fire safety measures (HI)
A bill under consideration by the Honolulu City Council would extend the deadline for condominiums to install fire sprinklers to 2033—three years beyond the current deadline established in response to the deadly 2017 Marco Polo fire. Read the entire article……………………………….
Following Fla. condo collapse, NJ law would require inspections
Following the devastating collapse of the 12-story, 40-year-old condominium in Surfside, Florida in June, which resulted in 98 deaths, a New Jersey state senator has introduced legislation to ensure that similarly aged structures in New Jersey are inspected and made structurally safe. Read the entire article……………………………….