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……………………………..
New California Law has huge impact on HOA Rental Restrictions
Despite fierce opposition, including over 5,000 constituents personally expressing opposition to the bill, California Governor Newsom signed Assembly Bill 3182 into law on September 29, 2020. It creates a new Civil Code Section 4741 which voids rental limits below 25% of the members. Per Civil Code 4741, a condominium or stock cooperative association may not […]
Fannie, Freddie tighten rules for condos in vacation locales
Getting a mortgage for a resort-area condo might become more difficult after Fannie Mae and Freddie Mac moved to tighten rules on buildings with many short-term rentals and hotel-like amenities, some Realtors and bankers say. Read the article……………………………….
Rentals required: New law restricts California HOAs’ ability to limit rentals
A California law that went into effect Jan. 1 restricts homeowners associations’ ability to limit rentals and requires boards to remove certain provisions in their governing documents by the end of the year. Read the article……………………………..
Florida Changes Registration Requirements for 55+ Communities
As anyone involved with Florida community associations will tell you, trying to keep up with the changes in rules and laws that impact the operation and management of condominium and homeowner associations can seem like a full-time job. Actually, that is our job, and the primary motivation for this article. We know how daunting it […]
Legalized Marijuana & Community Associations (AZ)
During the 2020 General Election, Arizona voters approved Proposition 207, which legalizes and governs the adult use, regulation and taxation of recreational marijuana. On November 30, 2020, the Arizona Secretary of State certified the voters’ approval and the Proposition became the Smart and Safe Arizona Act (the “Act”). Please also note that local (County, City […]
New HOA Management Laws for 2021 (CA)
Ensuring HOA board members are educated and informed about state and local regulations is an important aspect of the value we provide to our clients. Understanding new and upcoming law changes helps homeowners association boards see the whole picture when making decisions and ensures they act within the association’s legal rights. Read the article……………………………………
New NC Executive Order Extends Ability to Hold Electronic Membership Meetings
As one of the last Executive Orders issued in 2020, Governor Cooper has extended the ability of North Carolina associations (including HOAs and condos) to hold virtual membership meetings. Read the article……………………………….
HB 5611: Michigan extends deadline to preserve covenants under the Marketable Record Title Act
The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants. Fortunately, the Michigan legislature recently amended the Marketable Record Title Act via HB 5611, and extended the time period for a property owner or homeowners association […]
Cause & Effect: How New Georgia HOA Laws Impact the Holidays
As we look optimistically towards 2021, we remain in awe of the volunteers and professionals who kept community associations functioning through unprecedented times. Community associations and the professionals that they partner with faced more than 16 Executive Orders impacting HOA and condominium association operations and three new Georgia laws passed by the Georgia Legislature during […]
U.S. Virgin Islands: DLCA Announces New License for Short-Term Rentals
The Department of Licensing and Consumer Affairs is introducing a new business license for short-term rentals it promises will help crack down on people who rent out their residences against the bylaws of homeowners’ associations. Read the article……………………………….
What Are the Mandatory Provisions in Condominium Bylaws? (MI)
Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed. The Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) and the Administrative Rules of the Department of Licensing and Regulatory Affairs […]
Injunction Petition Against Ornery Condo Resident Sends Important Message (FL)
The initial incident that led to the petition for the injunction, which was granted by the circuit court but eventually overturned on appeal, took place at a Broward County condominium in December 2018. That was when Patrick Gagnon, a member of the community’s board of directors, was accosted by prior board member Joseph Cash. A […]
State Law Nullifies Co-op Board’s Rule to Regulate Overnight Guests (NY)
When thousands of New Yorkers left the city for second homes to ride out the coronavirus pandemic, a Manhattan co-op board, concerned that shareholders were letting visitors stay in their vacant apartments, enacted a new rule: shareholders must now request authorization for any overnight guest. Did this co-op board overreach? Read the article…………………………………….
REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT
The Department of Justice (“DOJ”) and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act1 (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.2 One type of disability discrimination prohibited by the Act is […]
Federal Assistance for Wildfire-Damaged Private Bridges and Access Roads (CA)
Survivors of the 2020 California wildfires who have wildfire-caused damage to their privately owned bridge or access road may be eligible for financial assistance from FEMA under the Individuals and Households Program (IHP). The assistance is intended to restore access to a primary residence. Read the article…………………………….
HOA Homefront: Why new ‘unreasonable’ rental bans look manageable (CA)
This year in Sacramento only one major HOA bill, Assembly Bill 3182, passed to become law effective Jan. 1, 2021. The bill creates a new Civil Code Section 4741 banning “unreasonable” HOA rental restrictions. The new law creates some uncertainties but is mostly manageable. Read the article……………………………
Regarding Executive Order 192 – Requirements for Association’s In-Person Workforce (NJ)
On October 28th, 2020 Governor Murphy issued Executive Order 192 (2020) (the “Order”), setting forth requirements every business, non-profit, and governmental or educational entity in the State must follow if they require or permit the workforce to be physically present at a worksite. These requirements are intended to aid the protection of employees, residents, and […]