In January 2021, the St. Paul City Council adopted a new ordinance requiring sellers of homes located in common interest communities to disclose the smoking policy in place in the seller’s community. The disclosure requirement takes effect January 1, 2022. Read the entire article……………………………….
The Laws Pertaining To Condos And HOAs Must Be Reformed (FL)
The most important points of the proposed reform to the Condominium and Homeowners Association Laws are that the board members attain academic preparation, that the reserve funds are duly maintained, and that there is transparency from the management to ensure good use of the resources to avoid fraud and abuse of power. Read the entire […]
Michigan could open the floodgates on short-term rentals, overruling local governments
Imagine buying your first home in a coastal community — or even your dream home on a lake — and creating a peaceful backyard oasis. But when warm weather rolls around, you soon discover a revolving door at the house next door. Loud music, late-night bonfires, even PA systems, beer pong and extra tents take […]
Owners in a gated community cannot access gate records (FL)
Under Senate Bill 630 approved by the 2021 Florida Legislature which became effective as of July 1/ 2021, a new type of homeowners’ association records was added to the list that are not available or accessible to members. Read the entire article……………………………….
Will Aventura’s new law help condominium owners or simply expose them to liability? (FL)
The City of Aventura recently passed an Ordinance to regulate structural oversight for community associations in the aftermath of the Champlain Towers tragedy. The Ordinance requires the “Responsible Person,” defined as the Association’s President, a property manager, or qualified person the President designates, to share all engineering, architectural, and life-safety reports conducted on the building […]
“Sunshine Laws” for Condominium Associations (FL)
Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own set of “sunshine” requirements for these communities, with transparency being the key to compliance. Issues […]
2021 Legislative review part 11 (FL)
This week concludes our review of the 2021 legislative changes by reporting on a number of miscellaneous bills that may have indirect applicability to community associations. Read the entire article……………………………….
HOA Homefront: Will California’s housing reform dismantle HOAs? (CA)
In recent years, Gov. Gavin Newsom and California’s Legislature have made increasing the state’s housing supply a high priority. This year saw several major bills signed into law, easing the creation of further housing density. Two bills, in particular, Senate Bills 9 and 10, aim to increase infill density by encouraging more residences on properties […]
Colorado regulators recommend adding regulations for community managers
The report also recommended two professions for regulation: community association managers and veterinary technicians. The review found that “new or additional state regulation of these occupations is necessary to protect consumers and recommended the creation of new regulatory programs.” Article from which the above excerpt came…………………………………
2021 Fall Federal Legislative and Policy Update
The current and most pressing federal policy issues impacting community associations include legislative proposals related to the Champlain Tower South condominium collapse, COVID-19 housing assistance fund, Disaster Assistance Equity Act, and ham radios. Read the entire article……………………………….
Community Associations Affected by the 2021 Legislative Session Part X (FL)
This week continues our review of the 2021 legislative changes affecting Florida community associations focusing on two bills that address COVID-19 pandemic legal issues. Senate Bill 72 took effect on March 29, 2021. This law was initially reported in this column on April 25, 2021. SB 72 outlines the legal process a plaintiff must follow […]
Assembly Bill 1584: Board Authority to Amend CC&Rs to Comply with New Law on Rental Restrictions (CA)
Whether you liked or disliked the provisions of last year’s AB 3182, we are very pleased to inform you that Governor Newsom signed “clean up” Assembly Bill 1584 (AB 1584) into law on September 28. AB 1584 now expressly allows a board of directors to unilaterally amend the association’s governing documents to comply with AB […]
Report of the Florida Bar Condominium Law and Policy Life Safety Advisory Task Force
The mission of the Task Force is to engage in information-gathering and fact-finding through the review all aspects of Florida Condominium law, development , construction, association operations, and maintenance to determine if changes or additions to legislation and/or regulations could prevent or minimize the likelihood of another tragedy like the Champlain Towers South condominium collapse, […]
HOA Sign/Flag Restrictions mostly a thing of the past (CO)
SIGNED INTO LAW: HB 21-1310, HOA Flag Bill. The act attempts to simplify and broaden HOA (homeowners association) homeowners’ rights concerning the display of any noncommercial flags or signs. It allows flag/sign displays at any time with any message, subject only to reasonable, content-neutral limitations such as the number, size, or placement of the flags […]
HOA Homefront – New laws approved for 2022: Changes in HOA elections (again)
The 2021 Legislative season in California has ended, and five good HOA bills (a record in recent decades) are becoming law. Assembly Bill 1101, AB 502, Senate Bill 391, SB 392, and SB 432 were signed by the governor after passing the Legislature. This article addresses AB 502 and SB 432, two bills revising HOA […]
2022 State Legislative Sessions and New Advocacy Resources
To date, 29 states have entered their pre-filing period for this upcoming year’s legislative session. According to the National Conference of State Legislatures, the pre-filing process allows bills to be prepared and introduced before regular session convenes. This process increases the efficiency and streamlines the legislative process by allowing more time to draft bills and […]
Florida Task Force Recommends New Safety Rules for Condos
Nearly four months after the Surfside condo collapse that left 98 dead, a task force created to scrutinize Florida’s condominium rules has presented its report to state officials. The task force, created by the Florida Bar, urged the governor to make legislative changes to stiffen maintenance requirements prevent another collapse like the one that took […]
HOA Homefront: How AB 502 will significantly impact all HOAs (CA)
The 2021 Legislative season in California has ended, and five good HOA bills are becoming law. Assembly Bills 1101, 502, Senates Bill 391, 392 432 were signed by Gov. Gavin Newsom after passing the Legislature. This article addresses AB 502 and SB 432, two bills revising HOA elections, two years after 2019’s SB 323. Read […]
AB-38, Fire Prevention, and New Escrow Disclosure Requirements (CA)
Sometimes you do not even know there is an issue until someone raises a question. Special thanks to Ryan Gesell from Cline Agency and to the managers that asked Ryan if Civil Code §§ 1102.6f and 1102.19, as added by AB-38 (2019), apply to homeowners’ associations; teaser alert: they do! Read the entire article……………………………….
Community Associations Affected by the 2021 Legislative Session Part IX (FL)
This week continues our review of the 2021 legislative changes affecting Florida community associations. Today we will cover Senate Bill 1966, which addresses budget procedures for condominium and cooperative associations, as well as two other bills of interest. These laws took effect July 1, 2021. Read the entire article……………………………….
Does New Law Mean Associations Don’t Have to Hold Annual Meetings? (NC)
Since HB 320 passed (see Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations), we’ve had questions to the effect of “Do we have to hold annual member meetings anymore?” The thinking seems to be that because the new law allows decisions by “written ballots or electronic voting” that you could […]
Law Review: HOAs may not retroactively prevent short-term rentals (CA)
The California Legislature is committed to addressing the state’s housing crisis. For example, local municipalities (and HOAs) may not outright ban secondary units. Also per SB 9, single-family residential zoning has essentially been upgraded to multi-family zoning (with restrictions). Read the entire article……………………………….
New Civil Code Section 5450 Provides Requirements for Teleconference Board and Member Meetings During Government Declared States of Emergency (CA)
On September 23, 2021, Governor Gavin Newsom signed Senate Bill No. 391 (“SB 391”) into law as urgency legislation. SB 391 adds Section 5450 to the Civil Code, which allows California common interest developments (“CIDs”) to conduct board and member meetings via teleconference if gathering in person is unsafe or impossible because the CID is […]
Maryland Legislative Update 2021
There are seven new laws that were passed during the 2021 Maryland Legislative Session that directly impact community associations in Maryland. All of the new laws are effective October 1, 2021, with the exception of the new law pertaining to virtual meetings which became effective on June 1, 2021. Read the entire article……………………………….
Congress Approves $22 Million for Condo Collapse Investigation
Last week, Congress approved a measure to fund the government into early December, staving off a shutdown. The funding stopgap includes $22 million for the U.S. Department of Commerce’s National Institute of Standards and Technology to conduct a technical investigation into the June 24 partial collapse of the Champlain Tower South condominium in Surfside, Fla. […]
Neighborhood associations may no longer have the right to appeal Colorado Springs land-use, planning decisions, under draft proposal (CO)
Neighborhood associations, including the one that successfully pushed to block a major apartment development near Garden of the Gods, would be prohibited from appealing Colorado Springs land-use decisions under a plan the city is mulling. Read the entire article……………………………….
AB 502 Signed! Board Elections by Acclamation Available to All California HOAs
There has been disagreement within the homeowners association (HOA) legal community as to whether California law permits uncontested director elections to be carried out by acclamation, especially in situations where the HOA’s bylaws contain language permitting such a procedure. Read the entire article……………………………….
Illinois Eviction Moratorium Ends: Impact for Community Associations
As of October 3, 2021, almost all of the State of Illinois restrictions, additional requirements, and especially the moratoriums against evicting owners which were in place have expired. Therefore, condominium, homeowner, and townhome community associations are now able to resume the collection of unpaid assessments as they did prior to the Covid-19 pandemic. Read the […]
Two New Bills Affect Colorado Associations
Two new bills relating specifically to HOAs have recently been signed into law and take effect in early September. Several of the highlights are below. These laws affect many, if not all, associations. To update compliance for your association, contact us for your custom policy. Read the entire article……………………………….
Broward County leaders lobbying for Surfside-inspired changes to condo laws (FL)
Why a 12-story Surfside condominium collapsed into rubble in the predawn hours of June 24 is still undetermined, but much about what preceded those fateful moments has since emerged. Reports of the infighting over the cost of $9 million in repairs on the condo association board of Champlain Towers South have led to new inspections […]
Bipartisan Legislation Introduced to Make Community Associations Eligible for FEMA Disaster Assistance
Rep. Jerrold Nadler (D-NY) introduced the Disaster Assistance Equity Act (H.R. 5298), bipartisan legislation that expands access to disaster assistance from the Federal Emergency Management Agency to community associations. Rep. David Rouzer (R-NC) is the bill’s original co-sponsor, with other co-sponsors being John Garamendi (D-CA), Andrew Garbarino (R-NY), Nancy Mace (R-SC), Paul Ruiz (D-CA), Debbie […]
Has your Association adopted policies to comply with the new legislation? (CO)
As you likely have heard, new legislation is in effect as of September 7, 2021 affecting common interest communities. If your association has not drafted polices addressing the new legislation, you should contact your legal counsel immediately to ensure that your association’s policies are properly enacted or updated. Here is a summary of the new […]
NC Governor Signs Bill Allowing Remote Member Meetings
As a follow-up to last week’s Community Association Legislative Update (Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations), Governor Roy Cooper signed HB 320 (“Modernize Remote Business Access”) yesterday, September 20. The law takes effect effect immediately. Read the entire article……………………………….
Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations
Community association (HOA and condo) boards have long been permitted to meet virtually by phone or videoconference, but the ability to hold membership meetings electronically ended with the expiration of the Governor’s Executive Order this spring. Since that time, while members can certainly meet virtually as an informal “town hall” and then vote afterwards by […]
Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs
This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others […]
Political Signage Update (AZ)
SB1722 was signed by the Governor on April 09, 2021 and will go into effect on September 29, 2021. Once effective, the bill will extend the time a political sign can be left up from three (3) days after a general election, to fifteen (15) days after a general election or if the sign is […]
New Law Requires Large Condo, Co-Op Buildings to Pay Staff Prevailing Wages (NY)
New York Gov. Kathy Hochul signed into law on Monday a measure that will require luxury condo and co-op buildings of 30 units or more to pay their maintenance workers a prevailing wage. Read the entire article……………………………….
Community associations affected by the 2021 legislative session part V (FL)
This week continues our review of the 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021. Last week we concluded our review of the changes to Chapter 718, the Condominium Act and started the review of changes to Chapter 719, the Cooperative Act. Read the entire article……………………………….
Maryland Legislative Update 2021
There are seven new laws that were passed during the 2021 Maryland Legislative Session that directly impact community associations in Maryland. All of the new laws are effective October 1, 2021, with the exception of the new law pertaining to virtual meetings which became effective on June 1, 2021. Read the entire article……………………………….
New Arizona Laws And Their Impact On Community Associations
Before it convened on June 30, 2021, the Arizona State Legislature passed a couple of laws that will impact Community Associations. These new laws become effective on September 29, 2021. Read the entire article……………………………….
What’s Next? – Possible Laws Impacting Community Associations In 2022 (AZ)
While the Arizona Legislature wrapped up its 2021 legislative session at the end of June and only passed six bills into law that impact community associations, a review of those bills that did not pass provides insight into what may lay ahead in the 2022 legislative session. Read the entire article……………………………….
Signs, Flags, Artificial Turf, Solar Panels, and Association Records New Laws for Community Associations (CO)
It was a busy year for the Colorado Legislature. Community associations were the subject of much debate and multiple bills. Two of the most important bills for community associations included House Bill 21-1310 and House Bill 21-1229. These new laws amend various provisions within the Colorado Common Interest Ownership Act (CCIOA) and concern the regulation […]
What to know about Massachusetts General Law Chapter 183A — the condominium law
Being a homeowner can get complicated — especially when you’re in it together with your neighbors. Condominium owners are likely well accustomed to the specific laws and regulations in Massachusetts that manage everything from ownership percentages to collective liability, many of them summarized in state General Law Chapter 183A. Read the entire article……………………………….
2021 Legislative Review Part 4 (FL)
This week continues our annual review of 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021. Read the entire article……………………………….
Boca Raton Passes Condo Recertification Ordinance (FL)
The Boca Raton City Council has passed a building recertification program. The newly adopted ordinance that passed Tuesday night means that certain buildings that are 30 years old or older must submit for recertification and undergo safety inspections. Read the entire article……………………………….
Legislative Update for Condominium Associations and HOAs (FL)
This past summer, the Florida Senate implemented several Senate Bills that were signed by Governor Ron DeSantis, which added new requirements for condominium, homeowners, and cooperative associations. While the below article is not comprehensive of all new legislation impacting housing associations, the following discusses Senate Bill 56 (new rules regarding foreclosures, liens, collection of assessments, […]
Gov. Evers proposes more than $92 million in homeowner assistance funding (WI)
Help could soon be on the way for Wisconsin homeowners as part of a program aimed at preventing foreclosures and displacement………..(inc.) Condominium owners who may be behind on their monthly maintenance or homeowners’ association (HOA) fees Read the entire article……………………………….
Is a New Statute of Limitations on the Horizon for Community Association Construction Defect Claims?
Under New Jersey’s current statute of limitations, N.J.S.A. §2A:14-1, all construction defect claims, i.e. property damage claims, must be filed within six years from when the potential claimant knew or should have known he or she had a claim. Tempered only by the equitable doctrine referred to as the “discovery rule,” which stops the limitations […]
What Bill 1588 means for Texas HOAs
Rule changes are coming to Texas HOAs, and these changes should make homeowners pretty happy. Earlier in 2021, state legislators were considering several bills dealing with unfair or unnecessarily restrictive HOA rules. A few of those bills have passed, and they are expected to have a significant impact on property owners associations (POAs, also known […]
Florida Senate Bill 56: Changes to Florida’s Condominium Association and Homeowners’ Association Collections Procedures
On July 1, 2021, Senate Bill 56 went into effect along with Senate Bill 630. While both bills affect the laws governing Florida condominium and homeowners’ associations, Senate Bill 56, specifically, changed the collection and notification procedures for these associations. This article provides an overview of how Senate Bill 56 affected the manner in which […]