The co-op community scored a significant victory on Thursday when the state Legislature passed two bills that effectively carve co-ops out of the Housing Stability and Tenant Protection Act. The intention of the act, which was signed into law by Gov. Andrew M. Cuomo in 2019, was to provide protections to the millions of tenants […]
Time To Update Your Sign ands Flag Rules (CO)
HB 1310 has been making its way through the legislative process and Passed 3rd Reading in the Senate on June 10, 2021 with no amendments. This means the bill will be, if not already, sent to the Governor for signature. How will this bill impact associations? For one, it will require current rules pertaining to […]
Important Oregon Legislation Update: Electronic Meetings Now Law
The Oregon Legislature enrolled SB 329, making electronic meetings law……… “Electronic Meeting” means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present.Read the entire article……………………………….
New law lays term limit debate to rest (FL)
Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? Read the Q&A………………………………..
Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction Costs
Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021. Under the new law, if (1) a purchase agreement discloses that earnest money deposits may be used for construction costs, and (2) the developer obtains […]
Know Your Ohio HOA Laws
Homeowners associations are bound by certain laws in Ohio. Board members must familiarize themselves with these laws, as well as federal laws, to avoid incurring large penalties. In some cases, violating the law can even result in liability claims and legal action. And, as you may know, lawsuits can be very expensive. Read the entire […]
Oregon SB 329 (Electronic Meetings) Now Law
Today the Governer signed into law SB 329. This bill authorizes Oregon HOAs to continue to conduct electronic meetings, including special meetings of the owners and annual meetings. Read the entire article……………………………….
New laws prompt HOAs to examine – and quickly change – rental restrictions in advance of July 1, 2021 effective date (FL)
Condominiums, cooperatives, and homeowners associations will see many changes to their operations following the new laws borne from Florida’s 2021 legislative session. Among these changes are new laws governing rental restrictions in homeowners associations in Senate Bill 630. The bill, which passed both the House and Senate, is anticipated to be signed into law by […]
Washington Legislative Update
Washington’s most recent legislative session has resulted in several bills that will impact associations. Some have already been signed into law while others have passed both the House and the Senate and are on the Governor’s desk awaiting signature. Below are links to some of the bills that will impact associations in Washington. Read the […]
91-year-old woman amongst dozens slated to lose condos in forced sale to investors due to Arizona law
The Arizona Condominium Termination law ARS 33-1228 allows an investor to buy 80% of the units in a complex, take over the condo association, and force the remaining 20% of owners to sell at a market value determined by an appraiser who was chosen by the investor-run association. Read the entire article……………………………….
Here Are the New Laws Effective July 1st (FL)
So the Florida Legislature has ended their session and I’m sure everyone wants to know what association laws passed this year. So here we go….. Read the entire article……………………………….
NC Community Association Legislative Update – May 14, 2021
Like everything else during this past year of COVID, the legislative process has also been different. Usually by now in the first year of a new session of the General Assembly, a number of bills that could affect North Carolina HOAs and condominiums would have been introduced. Some would move forward, and some not. In […]
Introducing HB 21-1310 – Homeowners’ Association Regulation Of Flags and Signs (CO)
On May 10, 2021, HB 21-1310 was introduced in the House and assigned to the Transportation & Local Government Committee for review. The bill’s main purpose is to broaden protections for homeowners’ “freedom of expression” in common interest communities under the Colorado Common Interest Ownership Act (“CCIOA”) by changing how signs and flags are currently […]
Blink& There Will Be a New Law (NY)
While co-op and condo boards grapple with real-world challenges in their buildings, state legislators have been busy introducing measures purporting to solve problems plaguing this housing sector. Read the entire article……………………………….
Freeman Communities files counterclaims against class (DE)
Mark Dunkle, attorney for Freeman Communities, filed counterclaims against Nancy Green, a Bayside resident and the lead plaintiff in the class-action suit filed in Delaware Chancery Court. Dunkle claims Green did not follow Bayside’s charter in filing the suit and did not make a reasonable effort to resolve her conflict with the developer prior to […]
Business licenses now necessary for short-term rentals (AL)
Owners of short-term rentals, like those posted on sites like Airbnb, will now have to get a business license to continue operating in Auburn. Read the entire article……………………………….
Got Retainage in Your Construction Contracts? (CO)
Looks like the Colorado legislature is tackling retainages in commercial contracts. Retainage is a portion of the contract price withheld from a contractor as a way to make sure that the contractor will complete the job properly. Retainage is usually set between 5% and 10%. It is common in public construction projects where state laws […]
Federal Efforts Boost Disaster Assistance for Community Associations
Anyone who has lived in or worked with community associations knows that planning and preparation for natural disasters matters. That is why it is encouraging to see policymakers in Washington, D.C., take steps to make disaster recovery less complicated for common interest communities. Read the entire article……………………………….
Virginia law cleared a path for condo owners to install charging stations
As an engineer, Wael Ali is hard-wired to find a way around. While others lament the seemingly impenetrable stone walls of bureaucracy, the northern Virginia condominium owner schemes to rearrange those rocks into a gateway. Read the entire article……………………………….
Florida’s Emotional Support Animal Statute – Part 3
It’s amazing when you think about it……. I get asked questions about emotional support animals all the time. I tell everyone that sometimes I can’t give an answer off the cuff. I would need to know more, it’s not that simple. Well, to prove that point, this is the third week in a row I’m […]
HB21-1229 The Break Down (CO)
A few weeks ago, we let you know that the anticipated CCIOA transparency bill was introduced. We have now had the opportunity to review, digest, and comment upon HB 21-1229, coming in at a mind-blowing 27 pages and with 19 unique sections. Read the entire article……………………………….
Resolving Conflicts of Law Related to Recall Election Timelines in the Wake of SB323 (CA)
Recall elections of individual Board members or of the entire Board are a source of great contention, divide and added expense for HOA’s. Prior to the passage of SB323, which took effect January 1, 2020, recall petitions and elections were already complicated. To add to this complexity, since SB323 became law, some of the Civil […]
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 […]
Changes to Texas Law Allows for Golf Carts and Most Off-Highway Vehicles to be Operated on Public Roads
Recent changes in Texas law now allow golf carts and most off-highway vehicles to be operated on public roadways. However, their operation is restricted to certain conditions, and there are certain stipulations that have to be met in order to legally do so. For the purposes of this advisory, an “off-highway vehicle” includes ATVs, ROVs, […]
Florida’s Emotional Support Animal Statute – Part Two
Suppose an owner or a renter makes a request to keep an emotional support animal. Suppose further that the person’s disability is not readily apparent. What proof can the association ask for to prove the person is disabled? Read the entire article……………………………….
Florida’s Emotional Support Animal Statute – Part One
Florida now has a statute that clarifies what associations should and should not do when someone asks to have an emotional support animal in a “no pet” community. We will try to answer a lot of your questions over the next two or three weeks regarding what you can and cannot do when an owner […]
Good News and Bad News for Co-ops and Condos in the New State Budget (NY)
New York State finally has a budget on the table – a big, fat $212 billion budget. So which do you want first, the good news or the bad news? OK, here’s the bad news: for co-op and condo boards anxious about potentially stiff fines beginning in 2024 under the city’s Climate Mobilization Act, a […]
Sweeping Community Association Legislation Passes Unanimously in Florida Senate, Goes to House for Consideration
Senate Bill 630, a bill that has wide support from community association industry interests across the state, passed the Florida Senate with a unanimous vote of 40 to zero. It will now move to the Florida House of Representatives for consideration. Read the entire article……………………………….
White property owners only? Racist covenants remain on books in Utah, but now there’s a path to fix them
Before building a new home in Holladay, Steve Tachiki glanced over his property records to make sure the changes wouldn’t get him into trouble. On the second page of a housing covenant, he found a different sort of requirement, barring anyone “other than the caucasian race” from owning a home on the property. It was […]
HOA Turf War: Broomfield orders homeowners remove unapproved artificial turf (CO)
During a time when water conservation is a growing concern, a Broomfield homeowners association was forcing a family to tear out artificial turf that they had just installed. If a new bill passes, however, that could soon be against the law. Read the entire article……………………………….
April 1, 2021 Arizona Legislative Update
The Fifty-fifth First Regular Session started on Monday, January 11, 2021 and is scheduled to adjourn on April 24, 2021. It’s been an interesting year at the Arizona Legislature so far! This session has been dominated by adoption of the budget and COVID-19/politically-charged issues. Read the entire article……………………………….
Condominium Owners Get Access to Association Records (FL)
Florida’s Condominium Act goes a long way to ensure transparency in governance and operation of a condominium association. The earliest version of the Act required associations maintain accounting records in accordance with good accounting practices. Associations were not only required to “balance the books,” but also to keep copies of invoices, receipts and similar documents. […]
Maryland Raises Insurance Deductible Unit Owner Responsibility to $10,000
The Maryland Legislative Action Committee won a great victory for condominiums throughout Maryland in 2020 with the passage of House Bill 108 and Senate Bill 175. Sponsored by Del. Dana Stein (D-Dist 11) and Sen. Chris West (R-Dist 42), these bills served to raise the maximum amount of the master insurance policy deductible that a […]
Governor signs SB31 re: Community Associations (UT)
SB31 prevents a condominium or homeowners association from prohibiting a condominium unit or lot owner from installing a personal security camera on the owner’s dwelling unit; and makes some technical changes to other sections. Read the bill………………………….
2021 First Quarter State Legislative Session Update
Forty-seven states are currently in legislative session, with Utah and Virginia having already adjourned. CAI’s early predictions are proving true as many of these state legislatures are spending their sessions considering COVID-19-related legislation that will aid in recovery efforts. CAI’s state legislative action committees (LACs) continue to advocate—predominantly virtually with some in-person efforts—on behalf of […]
Community Association Legislative Update 2021 – Part I (FL)
There are number of bills filed in the current legislative session that could have a significant impact on the operation and governance of Florida community associations. In particular, Senate Bill 630 – Community Associations includes a number of proposed changes that would significantly impact condominiums, cooperatives, and homeowner associations. Given the breadth of the topics […]
General Assembly Makes Virtual Member Meetings Legal – With Conditions (VA)
Last Spring as part of emergency legislation the General Assembly authorized association boards of directors to meet virtually but did not include member meetings. This has caused significant delays in elections and other important meetings requiring a membership vote. I am pleased to report that new amendments, just signed by the Governor, will make life […]
2021 Arizona Legislature Update
The Arizona Legislature has been busy, with a total of 1,350 bills having been introduced as of last week, several of which may potentially impact community associations. Despite a spike in COVID cases among staff, and potentially members, the Legislature expects to continue moving forward virtually. Read the article…………………………………
Florida Condominium Association Director Term Limits Don’t Apply Until 2026
Amendments to the Florida Condominium Act enacted in 2018 provide that association board members may not serve more than eight consecutive years, unless they are elected by more than two-thirds of the voting membership or there are not enough eligible candidates to fill the board vacancies at the time of the election. Read the article…………………………
Senate Bill 21-002 and Collection Restrictions Continued (CO)
As you may be aware, Senate Bill 20-211 (“SB 20-211”), which put restrictions on certain collection actions, expired on February 1, 2021. However, these restrictions were extended by Senate Bill 21-002 (“SB 21-002”) signed into law on January 21, 2021. Like its predecessor, the new law prohibits a debt collector from taking “Extraordinary Collection Actions” […]
2021 Legislation: Insight and Legal Update (CA)
For the last two legislative sessions, we have faced some of the most historically significant bills since the Davis-Stirling Act. And that’s saying a lot considering the Davis-Stirling Act has probably been amended more than a hundred times since it was enacted in 1986. This year was especially challenging on legislators, advocates, and citizens wishing […]
2020 Community Association Legislation (CO)
2020 was such an action-packed year that you may have missed some of the bills that passed during the 2020 Colorado legislative session. As a quick overview, here are the bills that may have an impact on the future of Colorado community associations. Read the article………………………………………
2021 Arizona Legislature Update
The 2021 “virtual” Arizona Legislature is in full swing and many bills have been introduced already in this session. Short term rentals are a hot topic for HOAs/condos in Arizona. Below is a brief summary of three pending bills in the Arizona legislature on short term rentals. It is expected that aspects of each of […]
Condo Smoking Bill Passes in Virginia
Thank you to the ARLnow reader who brought Virginia House Bill 1842 to my attention because it’s likely to be a game-changing law. This bill will allow condo boards to more easily ban smoking inside units and on balconies — not just in common areas. As of Feb. 17, 2021, the bill passed the Virginia […]
FCC Continues to Undercut Local Authority on OTARD
The FCC’s over-the-air reception devices (known as OTARD) rules (47 C.F.R. §1.4000) limit local governments’, homeowner associations’ and condominium boards’ oversight authority over certain antennas and satellite dishes for certain size specifications. In the Primary Purpose Report and Order released on Jan. 7, the FCC expanded its rules to eliminate the primary purpose test used […]
SD House: 40 years for real estate covenants
Restrictive covenants on real estate in South Dakota should last longer but shouldn’t be forever, the state House of Representatives said Thursday. House members voted 55-14 to extend them to 40 years. They’ve been set at 25 years since 1925. HB 1084 now goes to the Senate for a second hearing. Read the article……………………………….
The future of ADR for Colorado Associations
The recent ADR survey that the Legislation Action Committee circulated to CAI-RMC membership led to questions about alternative dispute resolution. The survey was designed to obtain member feedback concerning potential legislation related to ADR for community disputes because of the belief that ADR for these disputes will be legislated one way or the other. In […]
Ordinance would spell out procedures for allowing community improvement districts (MS:
A new ordinance could help spell out how the city of Jackson implements community improvement districts (CIDs)……CIDs are special taxing districts. Property owners within them pay special assessments along with their annual property taxes, which are then set aside to fund public improvements within them. Read the article………………………………
New Laws Regarding Emotional Support Animals (FL)
Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle a […]
2020 Community Association Legislation (CO)
2020 was such an action-packed year that you may have missed some of the bills that passed during the 2020 Colorado legislative session. As a quick overview, here are the bills that may have an impact on the future of Colorado community associations. Read the article……………………………..