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 […]
Community Associations Affected by the 2021 Legislative Session Part III (FL)
This week we shall continue our annual review of the legislative changes which affect community associations, and continue with the main bill, Senate Bill 630, which took effect July 1, 2021. For the first two parts of the series, see Community Associations Affected by the 2021 Legislative Session, published on August 1, 2021, and August […]
New state laws affect HOA fees and water use (NV)
This week, I have invited local attorneys Gregory P. Kerr and Michael T. Schulman of Wolf, Rifkin, Shapiro, Schulman & Read the entire article……………………………….Rabkin to explain new laws that will affect Las Vegas communities and the state’s homeowners associations. This the last column in a three-part series that takes an in-depth look at the new […]
Governor signs bill to bolster rooftop solar panels (NY)
In what may have been one of Gov. Andrew Cuomo’s last bill signings, he earlier this month approved a measure that prohibits homeowners associations from restricting the use of rooftop solar power systems on people’s homes. Read the entire article……………………………….
Changes in Arkansas Law 2021
Act 253 allows Arkansas corporations to hold annual or special shareholder meetings through remote communication and requires guidelines and procedures governing remote shareholders’ meetings. It also provides verified shareholders and proxy holders who are not physically present at a shareholders’ meeting to have a reasonable opportunity to participate in the meeting, be deemed present at […]
An indepth look at new state laws that affect HOAs (NV)
The 81st session of the Nevada Legislature came to a close on June 1, and there were several bills that were signed into law that directly impact Nevada’s common-interest communities, the boards of directors that govern them and the residents who live in them. There were bills that passed this session that need to be […]
Washington State Common Interest Communities Are Subject to New Laws
The law governing common interest communities has changed a great deal over the last several months. The Washington Legislature and Governor recently approved three new laws affecting such communities. The Governor rescinded his virus-related proclamation concerning those communities earlier this month. Eviction restrictions have also been extended in some places and allowed to expire in […]
Enforcing Covenants – New Virginia Statutes Affect Court Actions
Two new changes in the law have an impact on community associations court actions. The first is an increase in the jurisdictional limit of the general district court from $25,000 to $50,000 (exclusive of interest and attorneys’ fees.) It is very helpful to be enabled by this statutory change to pursue larger claims in the […]
New Illinois law makes it easier for HOA community members to install rooftop solar
Gov. JB Pritzker signed legislation protecting Illinoisians’ right to clean energy and access to solar power. A revision to the Homeowners’ Energy Policy Statement Act, HB 644 will guarantee homeowners’ rights to place solar on their home without major redesign requirements, while improving the timeline for approval by a homeowners’ association (HOA). Read the entire […]
New Murphy law keeps condo management local (IL)
Condominium boards will be allowed to require a majority of board members to live on site under a new law sponsored by State Senator Laura Murphy (D-Des Plaines). “When a condominium board is made up of off-site board members, residents’ needs may not be accurately represented,” Murphy said. “This legislation gives condominium associations the chance […]
What HOAs Need to Know about Reserve Laws
Following last month’s devastating partial collapse of the Champlain Tower South condominium in Surfside, Fla., many community association managers, boards, and residents are eager to understand state laws and regulations around reserve studies and reserve funding. Read the entire article……………………………….
2021 Legislative Updates (CO)
Two new House Bills which directly impact HOAs were signed into law on July 2, 2021. HB 21-1310 impacts an HOA’s ability to restrict an owner’s right to display flags or signs on the Owner’s property. HB 21-1229 addresses several topics, such as allowing an owner to use non-vegetative turf grass in backyards, clarification of […]
Washington Associations: Collections Update
Recently, there have been two major changes in Washington law that impact association collections. On July 13, 2021, the Washington Governor rescinded Proclamation 20-51 effective as of 11:59 p.m. on July 24, 2021. This means that beginning July 25, 2021, Washington associations may resume assessing late fees and interest on delinquent accounts. Read the entire […]
What Community Associations Need to Know about Reserve Laws
Following last month’s devastating partial collapse of the Champlain Tower South condominium in Surfside, Fla., many community association managers, boards, and residents are eager to understand state laws and regulations around reserve studies and reserve funding. Read the entire article……………………………….
Are Non-Competes Illegal? Three Takeaways From the New Executive Order
Bringing on new staff (and starting a new job) is typically a hectic process. There is a ton of information to gather – in addition to acclimating to the requirements of the new job and beginning work. Many organizations require employees to sign various employment agreements at the start of their tenure. One such form […]
Righting past wrongs: Utah and Connecticut simplify removal of discriminatory covenants
Community associations in Utah and Connecticut can now use a streamlined process to invalidate racially restrictive provisions contained in governing documents or in individual deeds of homes. The recently passed laws are the latest efforts to facilitate removal of discriminatory covenants that left an unfortunate legacy in housing segregation. Read the entire article……………………………….
HOAs Go Green: Colorado Bill Forces HOAs to Accept Fake Grass and Solar Panels
Recently, Colorado House Bill 21-1229 passed, increasing protections for property owners within HOA-guided communities. The bill keeps Homeowner Associations (HOAs) from prohibiting xeriscape, nonvegetative turf grass, and renewable energy-generation devices (like solar panels). Read the entire article……………………………….
New legislation going into effect September 7th (CO)
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. Read the entire article……………………………….
New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations
As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require the association to provide notice before a claim of lien securing payment of past due assessments is filed (the […]
Kentucky HOA Laws
Complying with your state laws is imperative if you want to stay out of legal trouble. What are the different Kentucky HOA laws that homeowners associations must keep up with? Read the entire article……………………………….
Liability protection: State laws facilitate community pool operations
Many community association residents have enjoyed cooling off at pools this summer as more boards opened the amenity in 2021 with appropriate COVID-19 restrictions in place. Other communities have elected a cautious approach to their pool season, looking to state laws for guidance or limited liability protection. Read the entire article……………………………….
Governor Signs HOA Bills (CO)
On Friday, July 2, 2021, Governor Polis signed into law HB 21-1229, the Unit Owners Protection Bill, and HB 21-1310, the Freedom of Speech Bill. HB 21-1229 and HB 21-1310 will become effective in September unless referred to the people for a vote. See our prior Legislative Wrap-up blog post for a brief summary of […]
Undermining Florida’s condo laws: Politics, turf wars and human nature
Florida’s condominium laws will undergo a top-to-bottom review by a task force established by the Florida Bar Association after the deadly collapse of the Champlain Towers South condo building in Surfside. Read the entire article……………………………….
Florida Senate Bill 630: Changes to Florida Condominium and Homeowners’ Association Laws
On June 14, 2021, the Florida Legislature sent Senate Bill 630 to Governor DeSantis to be signed into law. Senate Bill 630 went into effect on July 1, 2021. Senate Bill 630 contains many changes to Chapters 718 and 720, Florida Statutes, which govern condominium and homeowners’ associations, respectively. Most of the changes in Senate […]
FL Condo Collapse Spurs Jersey City Mayor To Examine Local Policy (NJ)
Jersey City Mayor Steven Fulop said he would introduce new policies around building inspections and condo associations. Read the entire article……………………………….
2021 Legislative Update (FL)
The 2021 Florida Legislature was busy indeed. This year’s new legislation brings tremendous clarifications of existing laws and new laws to Florida’s community associations. All of the bills discussed herein were approved by the Governor, and are now in effect (unless otherwise noted). To view the bills that were passed into law, please visit kbrlegal.com […]
Colorado HOAs losing power to restrict speech on flags and signs
Coloradans will soon be able to fly flags or display signs outside their homes without restrictions on the content, even if they live in a neighborhood with a homeowners association. Gov. Jared Polis signed HB21-1310 into law Friday — one of 19 that got his signature before the July Fourth holiday weekend. Read the entire […]
The laws every Florida condo owner needs to know
There are many statutes and regulations surrounding condominium ownership in the state of Florida. Often, you’re at the mercy of your association. Read the entire article……………………………….
DeSantis signs home-based business bill into law (FL)
Seen as a victory for small business owners and aspiring entrepreneurs, Governor Ron DeSantis signed House Bill (HB) 403 into law on June 29. The bill broadens which businesses are considered “home-based” and preempts local government regulation beyond standard zoning laws and homeowners’ association rules. It prevents local governments from creating regulations that vary from […]
New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations
As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require the association to provide notice before a claim of lien securing payment of past due assessments is filed (the […]
‘Free The Lemonade Stands’ bill approved (PA)
The legislation amends state law to allow children to operate lemonade stands or other small businesses without receiving a business license from their local municipality or homeowners’ association. Read the entire article……………………………….
2021 Mid-Year State Legislative Session Update
Our state update covers all 50 states that convened their legislative session in 2021. More than 30 states have formally adjourned for the calendar year, with three holding their first special session. Over the past six months, CAI’s 36 state legislative action committees (LACs) and more than 600 volunteer committee members worked tirelessly to advocate […]
Community Association Legislative Update 2021 – Part III (FL)
The legislature had a busy session this year. Several bills impacting community associations and property owners throughout the state were enacted into law. The below summaries provide an overview of the new laws: Read the entire article……………………………….
2021 Arizona HOA Legislative Update
The COVID-19 pandemic shuttered the 2020 legislative session. While there were several bills introduced in 2020 that would have impacted community associations, the legislature adjourned early and none of those bills were signed by Governor Ducey. The Arizona legislature got back to work in 2021, passing several bills affecting community associations. Read the entire article……………………………….
A look at new laws that will affect Nevada HOAs
Note: After each session of the Nevada Legislature I review new state laws that will affect our Las Vegas homeowners associations. I have prepared a two-part series for my column to look at each bill for this past legislative session. Today, I will talk about laws affecting dog insurance, construction hours, vehicle towing, fees and […]
The Biden Administration, Congress, and Community Associations: 2021 Mid-year CAI Federal Update
The transition to a new presidential administration and a closely divided Congress has not slowed the pace of federal legislation in 2021. In March, President Joe Biden’s signature COVID-19 relief plan, the American Rescue Plan Act, became law. As federal policymakers discuss this and other proposals, this federal update outlines how CAI advocates are working […]
Condominium Legislative Update – SB1966 (FL)
In addition to SB 56 and SB 630 which were signed into law by Governor Ron DeSantis on June 16, 2021 as addressed in my blog post from June 17, 2021, Governor DeSantis signed Senate Bill 1966 into law on June 21, 2021. The legislation, which is effective July 1, 2021, makes additional changes to […]
2021 Texas Legislative Update: Issues Affecting Master-Planned Community & Condominium Developers And Developer-Controlled Communities
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have had some effect on the administration of Texas planned communities. In the end, four meaningful bills passed (five […]
Governor DeSantis Signs SB 630 Into Law, Containing Significant Amendments to Florida’s Condominium Act, Cooperative Act, and Homeowners Association Act (FL)
On June 16, 2021, Governor Ron DeSantis signed Senate Bill (SB) 630 into law, which enacts numerous amendments to the Condominium Act (Chapter 718, Florida Statutes), the Cooperative Act (Chapter 719, Florida Statutes), and the Homeowners Association Act (Chapter 720, Florida Statutes). The list below summarizes the primary effect of SB 630, but is not […]
New Requirements for Collection of Delinquent Assessments (FL)
The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718.116 and 718.121 for condominiums; 719.108 for cooperatives; and, Section 720.3085 for homeowners’ associations. With these […]
Condominium Association and Homeowners Association Legislative Update (FL)
Governor Ron DeSantis signed Senate Bill 56 and Senate Bill 630, into law on June 16, 2021. The legislation, which is effective July 1, 2021, affects the operation of homeowners associations and condominium associations, including collection practices, notices of meetings, transfer fees, electronic vehicle charging stations, dispute resolution, emergency powers, official records, reserves, and leasing. […]
South Carolina HOA Laws
Homeowners associations must adhere to applicable federal laws as well as the relevant laws in their state. For those in South Carolina, there are a handful of titles and chapters that apply. These are the different South Carolina HOA laws you must know about. Read the entire article……………………………….
New Legislation Changes Collections & Foreclosures Process for Florida Community Associations
Recently, the Florida Legislature enacted significant statutory changes that impact community association collections and foreclosure actions. The updates to Chapter 718, Chapter 719 and Chapter 720 of the Florida Statutes go into effect on July 1, 2021 and include requirements regarding: Read the entire article……………………………….
2021 Texas Legislative Update
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have had some effect on the administration of Texas planned communities. In the end, four meaningful bills passed (five […]
Texas governor signs pro-solar bills that clarify decommissioning, strengthen consumer protection
“This legislation will make sure solar customers have information they need to make informed decisions and will prohibit municipalities in addition to homeowner association boards from unreasonably restricting energy independence. These protections are hugely important for the rooftop solar market and will help to bring even more jobs and solar to Texas,….” Read the entire […]
The Climate Mobilization Act’s Surprising Paradox (NY)
Co-op and condo boards are facing a harrowing challenge. Under Local Law 97, the centerpiece of the city’s ambitious Climate Mobilization Act (CMA), all covered buildings larger than 25,000 square feet will be given a yearly carbon emissions budget, or cap. Beginning in 2024, significant fines will be levied against buildings that emit more carbon […]
New Foreclosure Requirements for Community Associations (WA)
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Read the entire article……………………………….
2021 Florida Community Association Legislative Update
Another big year for legislation impacting Florida’s community associations. Now is the time for associations to contact their attorneys for guidance. The following items will become law on July 1, 2021, unless vetoed by the Governor. Following is a summary of the highlights. For complete coverage, please click on the various links below to see […]