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 […]
California Clears the Path for Rentals in Residential Common Interest Developments
Consistent with California’s trend of removing barriers to affordable housing, Assembly Bill 3182, which goes into effect on Jan. 1, further limits the ability of residential common interest developments to restrict rentals in their communities. Read the article……………………………
California 2020 Legal Update
This year’s legislative session was unlike any other, as the novel coronavirus (COVID-19) pandemic forced the State of California and its 2020 legislative session to suspend its routine schedule. As a consequence, the focus of the Legislature shifted to pandemic relief, and for our State’s 40,000+ common interest developments, this means changes to combat issues […]
New NC Executive Order Extends Virtual Membership Meetings Through December 29
Since September 1, North Carolina’s Phase 2.5 (now 3.0) restrictions have limited indoor meeting attendance to 25 and outdoor attendance to 50 “at the same time in a single confined indoor or outdoor space, such as an auditorium, stadium, arena, or meeting hall.” Such requirements should be taken into account when planning any association in-person […]
Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them? (FL)
One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida […]
AB 3182 Checklist (CA)
As you likely know, Assembly Bill 3182 (“AB 3182”) recently passed and will go into effect January 1, 2021. Under AB 3182, any provisions of the governing documents which “unreasonably restrict” renting will be void and unenforceable, with limited exceptions. Read the article………………………………
Competing Needs: Balancing Emotional Support Dog Requests and Resident Allergy and Anxiety Issues (IL)
Emotional support dogs (“Assistance Animals”) in “no-dog” buildings continue to raise sticky legal issues for community association boards and managers. As you will recall, the Illinois Assistance Animal Integrity Act (or “Act,” full text linked here) became effective on January 1, 2020. The Act mandates that if a community association receives an accommodation request for […]
Political Signs in the HOA (TX, AZ)
With fall 2020 comes another presidential election cycle, making political signs an especially timely topic this year. To assist the board in supporting its community fairly and with empathy this election season, we’re going to cover the kinds of political signs that are protected by Texas and Arizona law and how community associations may regulate […]
Aspen electeds pass short-term rental laws requiring business license, rental permit (CO)
After more than a year of discussion, Aspen City Council on Tuesday passed new legislation that requires all property owners who rent their condos or homes on a short-term basis to have a business license and a vacation rental permit filed with the municipal government. Read the article……………………..
AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions (CA)
We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a condo, home, lot, or unit […]
Important Fair Housing Laws That You Should Know (IL)
Managing a property or community association is complicated. There are so many rules and regulations that you need to be aware of and it’s hard to keep track of them all. Fair housing laws are diverse like the populations they aim to protect. We often assist property managers, realtors, landlords and community associations (condo, HOA […]
Gov. Murphy: New Jersey lake communities can mandate fees
Gov. Phil Murphy has signed a law that clarifies the terms under which private lake communities and homeowner associations may pursue mandatory assessments on residents who refuse membership. Read the article…………………………………….
2020-2021 Legislative Update Summary (FL)
It’s that time of year, new legislation affecting Community Associations became effective July 1, 2020 and our new legislative update course should be approved for continuing education credit in the near future. Read the entire article……………………………….
SB-908 Signed! Debt Collection Licensing Act (CA)
On September 25, 2020, Governor Newsom signed Senate Bill 908, the Debt Collection Licensing Act (“SB 908”), which creates a new licensing law applicable to debt collectors and debt buyers, administered by the Department of Business Oversight (“DBO”), effective January 1, 2022. Moreover, SB 908 provides for licensure regulation, oversight of debt collectors, definitions of […]
Oroho, Wirths & Space Bill Shielding Homeowners from Unwarranted Association Fees Becomes Law (NJ)
Bipartisan legislation sponsored by Senator Steve Oroho and Assemblymen Hal Wirths and Parker Space (R-24) to protect homeowners from unexpected association assessments and charges was signed by Governor Murphy today. The new law (S908/A2480) clarifies the 2017 Radburn Law that defined homeowner association members as owners of units within a planned real estate development and […]
California Legislature Further Limits a HOA’s Right to Restrict Rentals
On January 1, 2012, Section 1360.2 (now Section 4740) was added to the California Civil Code to limit a HOA’s authority to adopt and enforce certain rental “prohibitions.” The legislative intent behind the law was the recognition that “the rights of Owners in [a HOA] to rent or lease their properties, as the rights existed […]
Gun Control in Community Associations (AZ)
With election season upon us, it is important for board members and managers to be aware of, and prepared to address political hot button issues, including gun control. What are associations’ rights regarding gun control within the community, and how can the board effectively balance the associations’ right, owners’ rights and community safety? Read the article…………………………
New DCA Rules Regarding Benefit Derived and Reserves (NJ)
For decades associations and developers in transition have been plagued by ill-defined concepts embodied in the rules of the New Jersey Department of Community Affairs (DCA) governing the developer’s obligation to pay common expenses for units under development and individually owned “in proportion with the benefit derived by the unit from items included in the […]
Don’t Forget About City of Chicago Mandated Building Inspections, They Are Not Only Limited to Facade Inspections (IL)
It’s that time of year when City of Chicago facade inspections are coming due. Chicago’s Rules Regarding the Maintenance of High-Rise Exterior Walls and Enclosures require one of two forms of facade inspection reports be filed for any building in the City of Chicago that is taller than 80 feet. Even if just a portion […]
Legislative Update: Colorado 2020 Regular Session
As the Colorado Legislature’s Regular Session closed for the year, two HOA related bills were passed into law, and another bill was put on hold. Below is a summary of the new changes these laws will introduce into the realm of HOAs and managing companies: Read the article…………………………………
Frequently Asked Questions About Flag Law
The “flag code” is the federal law that sets forth guidelines for the appearance and display of the U.S. flag (“flag”) by private citizens. These guidelines specify times and conditions for display of the flag, manners and methods of display, and buildings where such display should occur. The guidelines for flag display vary based on the context […]
Some Homeowners Association Agreements Over 40 Years Old Could Expire In March (MI)
For many who purchase a condominium or home in a community association, they don’t mind the homeowner association fees. As the fees pay for external maintenance, improvements, and for services in the community like a clubhouse and/or a pool. Others regret these agreements because depending on who is managing the association everything from the color […]
Mid-Year State Legislative Action Committee Update: Part VI
During the COVID-19 pandemic, CAI’s legislative action committees (LACs) volunteered hundreds of hours reviewing bills, drafting testimony, working with lobbyists, meeting with legislators and other decision-makers, and testifying for and against bills. Here is the sixth and final part of our series focusing on legislative issues impacting the community association housing model. Read the article………………………..
Mid-Year State Legislative Action Committee Update: Part V
During the COVID-19 pandemic, CAI’s legislative action committees (LACs) volunteered hundreds of hours reviewing bills, drafting testimony, working with lobbyists, meeting with legislators and other decision-makers, and testifying for and against bills. Here is the fifth part of our series focusing on legislative issues impacting the community association housing model. Read the article……………………………
Senate Bill 326: Balcony Inspections (CA)
On August 30, 2019, the Governor approved Senate Bill No. 326 (“SB 326”), which amends Civil Code Section 5551 and requires associations to conduct an inspection of their exterior elevated elements (i.e., balconies, decks, patios, stairways, walkways, and their railings) and the associated waterproofing systems, to determine if they are in a generally safe condition. […]
Faking Your Emotional Support Chicken in Florida Can Now Land You In Jail! (FL)
So, you’re exasperated after looking out your pet-free condo window for the umpteenth time to catch a glimpse of your neighbor walking by with—of all the nerve—her emotional support chicken. And to top it off, the chicken even has its own emotional support chicken! Your blood boils as she walks by. There ought to be […]
Extra Extra Get Your Updated CCIOA!! (CO)
The last several months have been all about COVID-19 and compliance with Public Health Order 20-28 (which, I might add, is now on its 10th amendment as of August 21st!). But don’t forget about the need to comply with the new changes to the Colorado Common Interest Ownership Act (“CCIOA”), which were put in place […]
Mid-Year State Legislative Action Committee Update: Part IV
During the COVID-19 pandemic, CAI’s legislative action committees (LACs) volunteered hundreds of hours reviewing bills, drafting testimony, working with lobbyists, meeting with legislators and other decision-makers, and testifying for and against bills. Read the article…………………………….
2020 HOA Legislation (CO)
The State’s HOA Information Office and its HOA Officer were continued for 5 more years. The State office was due to end (or “sunset”), but was renewed by HB 20-1200 (“Bill”). The Bill also establishes a state law standard on limited religious displays on the door or door frame of a residence. Read the article………………………….
Lame duck act threatens some associations (MI)
Q: I’ve heard that there may be some issue with community associations’ recorded governing documents expiring next March if they are over 40 years old, is that right? Read the Q&A………………………………
MCL 559.154: What is the difference between arbitration and mediation? (MI)
Conflict is inevitable when co-owners live in close proximity in a condominium association. Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners. Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master […]
Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season
The Florida Legislature was especially busy this past session filing, debating, and ultimately passing several community association related bills. Below is an outline of those bills and the potential impact on your community association this year. Read the article……………………………..
New law impacts 55+ communities (FL)
Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? Read the Q&A……………………………….