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…………………………….
Clarified Rights and Obligations Under the Illinois Electric Vehicle Charging Act: What Do Illinois Community Associations Need to Know?
The Illinois Electric Vehicle Charging Act (“Act”), which imposes certain requirements to foster widespread adoption of electric vehicles (“EVs”), took effect on January 1, 2024. Per its original terms, the Act applied only to “newly constructed single-family homes and multi-unit residential buildings that have parking spaces and are constructed after the effective date of this […]
HB 1203: Lots of New Protections for Members Living in HOAsMakes It Harder for CAMS (FL)
House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs. It starts by placing lots of responsibilities on community association managers. A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association […]
Lawmakers Advance Bill To Stabilize Soaring Insurance Costs For Condo Owners (HI)
Hawaii lawmakers are seeking to stabilize Hawaii’s condominium insurance market against sharply rising premiums and a declining availability of hurricane insurance that has sent ripples through Hawaii’s housing market. Read the article…………………………….
Update on the HB22-1137 Related Bills (CO)
The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website. Read the article…………………………….
NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K
New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per unit. The City Council had actually approved the mandate, the Climate Mobilization Emissions Law, in 2019 requiring residential buildings […]
Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
The Construction Defect Bills (CO)
The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains […]
What Makes a Home………Business? (CO)
The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities. The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply! Read the article…………………………….
Worcester lawmakers talk bills on condo repairs, fallen hero taxes, more (MD)
The House Environment and Transportation Committee heard a bill sponsored by Del. Wayne Hartman (R-38C) on March 5. House Bill 1262, or Common Ownership Communities-Reserve Studies-Alterations, would extend the timeline for required condominium repairs determined by an assessment from three to five years. Read the article…………………………….
Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
Important Reminders Regarding Association Business (CO)
The last few weeks have proven to be very busy with regards to Homeowner Association business. Please note the following updates and recommendations regarding Associations. Read the article…………………………….
Lawmakers set sights on broadband, TV ‘advisers’ (FL)
Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year. At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts […]
The SB4D Bill and How it Impacts Tampa Condominiums (FL)
The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations. Read the article…………………………….
Bridging the Gap: SB428 Expands Available Protections in the “HOA Workplace” (CA)
By now, most individuals in the industry are aware of the newly adopted AB648 (virtual meetings) and AB1458 (lowered quorum). However, SB428 is another bill that managed to fly under the radar and will ultimately have a significant impact by providing associations with a more expansive tool to protect those who serve community associations, including […]
House toppeled the estoppel, preventing $100M in new HOA fees (FL)
The House in the waning hours of the 2024 Legislative Session stood its ground on the “Home Tax” bill dealing with estoppel certificates and who can pay for them. Its unwillingness to budge left the measure (HB 979) dead for the Session. Read the article…………………………….
A Generator Bill That is Long Overdue (FL)
Until now there was no law in our Florida HOAs that would allow a home owner to install their own electrical generator with above ground or below ground gas tanks. Here we are, living in Florida with sometimes unbearable heat and humidity, we have a large elderly population, hurricanes generally hit in the hottest parts […]
Florida Condo Mitigation Bill Passes but Other Insurance Bills Uncertain After Changes
A Florida pilot program to fortify coastal-area condominiums is on its way to the governor but other property insurance bills may have hit a snag after last-minute changes – with just two days left in the legislative session. The state Senate on Wednesday voted 39 to 0 in favor of House Bill 1029, which had […]
HOA, condo daycare prohibition bans considered by Minnesota lawmakers
Those who live in a homeowner’s association (HOA) or condo looking to create an in-home licensed daycare center could no longer be denied its operation as long as they have a license in Minnesota under a new proposal being considered by lawmakers. Read the article…………………………….
Condo Law Legislative Update – 2024 – Part II (NH)
Settle in and read on for thoughts on a couple of additional condominium bills making their way through the Legislature this season. House Bill 1357 seeks to require more meetings of boards of directors, a seemingly innocuous proposal, but one of greater consequence than likely intended. Read the article…………………………….
Legislature approves ‘Condo 3.0’ bill to boost board accountability, building safety (FL)
Malfeasant condo board members and associations that for years have skirted Florida law through loopholes in state statutes may soon face a reckoning due to a reform package now bound for Gov. Ron DeSantis’ desk. Lawmakers unanimously passed HB 1021, which will overhaul state laws governing condo oversight and management by holding condo buildings and […]
U.S. District Court Strikes Down Corporate Transparency Act (CTA) as Unconstitutional: Impact to Community Associations
A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. The CTA, enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities, including condominium, homeowner (HOA) […]
Hoosiers with HOAs one step closer to being able to keep beehives (IN)
A bill that would let Hoosiers with homeowner’s associations keep bees passed the Indiana Senate on Monday. Read the article…………………………….
Judiciary panel spotlights ‘shadow’ non-compete clauses, approves bill to close loophole (MN)
An example of a shadow noncompete contract that is hidden from an employee was provided in written testimony by SEIU Local 26. When a homeowner’s association under one of these contracts switches to a different property management company, these contracts prevent that association from retaining their experienced staff without the risk of litigation for continuing […]
Homebuilders work to stop bill to give earlier control of HOAs to homeowners (ID)
A bill aiming to give residents a say in their homeowners associations once most of the development is finished isn’t moving forward, for now. On Thursday, Rep. Jon Weber, R-Rexburg, brought HB 657 before the House Business Committee in the hopes of giving homeowners in developments with HOAs earlier control over the boards governing their […]
Proposed Legislation Would Reduce Percentage Required For Declaration Amendments (MD)
Proposed legislation pending in the Maryland General Assembly would reduce the percentage of approval votes required to amend a condominium declaration from 80 percent to 66 2/3 percent. Read the article…………………………….
Colorado lawmakers weigh rules to spur more building without stripping homeowner protections
Construction-defect law in Colorado has been the subject of bruising battles in the Capitol for more than a decade. After taking a breather from the last round in 2017, lawmakers are again juggling consumer protection and rules that some worry will stifle much-needed building. Read the article…………………………….
House Bill 59 – Providing Copies of the Docs (FL)
So The Florida Legislature is only in session for another four days. Over the next few weeks we want to educate you about the bills that passed both The Florida House and The Florida Senate. So here we go…….. Let’s start with an amendment to Florida Statute 720.303. Read the article…………………………….
Colorado lawmakers target HOAs with more restrictions to protect homeowners from foreclosure
Homeowners associations’ foreclosure filings on thousands of Coloradans’ houses over unpaid fines and fees have spurred fresh attempts by lawmakers to better regulate HOAs and metropolitan districts with the hope of preventing more people from losing their homes. Read the article…………………………….
Governor Signed Legislation Allowing Private Entities to Regulate Activities on Public Lakes (IA)
The governor recently signed a bill that allows the Lake Panorama homeowners association to regulate boating on the public lake, including rules about the operation of watercraft and equipment specifications, as well as allowing private buoys to be set up in the lake. The legislation was narrowly tailored for Lake Panorama, by stating that the […]
Several southern Colorado leaders back bill they say would bring more condos to the state
Colorado Springs’ mayor is one of more than two dozen mayors across the state supporting a change they say could bring more condos to Colorado. The proposal is aimed at reducing construction lawsuits against condo builders. Right now, only two builders will are willing to build condos in Colorado, according to Sen. Rachel Zenzinger, who […]
House passes ‘Condo 3.0’ reforms to strengthen safety, board accountability, enforcement (FL)
Condominiums across Florida and the boards that oversee their maintenance and repairs could soon be held to stronger standards through legislation the House just passed. The bill (HB 1021) cleared the chamber on a 111-0 vote after little discussion. As they did during its committee stops, lawmakers uniformly agreed the changes are much needed and […]
Condo Column: Condo Law Legislative Update – 2024 – Part I (NH)
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. Proxies. In 2016 the Legislature amended the Condominium Act and added language regarding directed and undirected proxies. To refresh, a directed proxy is one where the owner who will […]
Bill To Protect Small Wyoming Home Day Cares From HOAs Moves To Senate
The Wyoming Senate is contemplating a proposed law defining small home day cares as “residential” so that homeowners associations can’t ban them under a residential-only clause. House Bill 126 would define home day cares with fewer than 10 kids as a residential property use. Read the article…………………………….
HOA Changes for 2024 That Homeowners Should Know
Around 30% of all homeowners in the United States live in some type of common-interest housing governed by a community or homeowners association. This can include condos, co-ops, HOA communities, timeshares or mobile home parks. That’s roughly 75.5 million people who are required to follow specific HOA rules and regulations for their state or community. […]
Proposal for more oversight of homeowner associations expected in April (TX)
Deadlines for records requests, membership approval for assessment increases, and restrictions on foreclosures are among several recommended changes for homeowners’ associations up for debate come April. The Select Committee on Homeowners’ Associations in the House of Representatives on Wednesday unanimously approved a report with recommendations and draft legislation for the upcoming short session to address […]
Budget conference: After brief snub, Senate agrees to $30M for condo-hardening program (FL)
After briefly offering nothing, Senate lawmakers have agreed to spend $30 million on a proposed pilot program to help condo owners strengthen their properties against seasonal storms. House lawmakers proposed the nonrecurring expenditure Tuesday. Meanwhile, the Senate held out on committing anything to the program. That changed Wednesday at 9 p.m., when the Legislature’s upper […]
NC Community Association Legislative Update – February 28, 2024
Today (Wednesday, February 28) was the fourth and final meeting of the NC House Select Committee on Homeowners’ Associations. As a reminder, this Committee was created by House Bill 311 (see NC Community Association Legislative Update – May 9, 2023) and tasked with examining planned communities and condominium associations, Read the article…………………………….
NC House panel okays recommendations limiting power of HOAs
A state House panel Wednesday gave the final okay to recommendations they say would help curb abuses of power by community and homeowners’ associations in North Carolina. “We can’t make as many changes probably as some would like to see happen, but we do have a few suggestions in the way of this committee report,” […]
Several HOA bills introduced in Idaho House
Several Idaho legislators have recently introduced bills about homeowners associations, also known as HOAs. Two lawmakers, Rep. Jon Weber, R-Rexburg, and Rep. Brooke Green, D-Boise, have been working on HOA issues for months. And as the Treasure Valley has grown, more and more people reside under the purview of HOAs. Read the article…………………………….
Bill expanding oversight, accountability of condo boards clears final Senate committee (FL)
Legislation to shore up Florida’s condo laws and give state regulators more power to punish unscrupulous board members is bound for the Senate floor after clearing its final committee with uniform support. Passing the measure (SB 1178) would mark a major overhaul of state statutes governing condo oversight and management by providing for criminal penalties […]
HOA Homefront: New Law Restricting Watering of HOA “Nonfunctional Turf” (CA)
Dear Mr. Richardson: Can you address AB1572 which will have a huge effect financially on our HOA? Read the Q&A………………………………..
State Rep Pushes Legislation to Regulate Property Management Comps, Community Association Mgmt (GA)
Companies that manage homeowners’ associations could soon be subject to more regulations. State Representative Dar’shun Kendrick (D-Lithonia) recently introduced House Bill 1258, legislation she says will “increase accountability for property management firm brokers and community association management brokers.” Read the article…………………………….
New Legislation (CA)
AB 572. Assessment Limitation. Beginning January 1, 2025, new associations with affordable housing are limited to assessment increases for affordable housing to 5% plus cost of living, not to exceed 10% greater than the preceding regular assessment. This does not apply to associations with 20 units or less. “Affordable housing” means a unit occupied by […]