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……………………………….
Mid-Year State Legislative Action Committee Update: Part III
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 third part of our series focusing on legislative issues impacting the community association housing model. Read the article……………………………
Law Change for “55 and Over” Communities (FL)
Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? Read the Q&A………………………………
Westchester co-ops must say when they reject an applicant. Soon they may have to say why (NY)
Co-ops have to notify Westchester County when they reject would-be buyers, but they don’t have to say why. That could change under a proposed amendment to Westchester’s fledgling co-op disclosure law, which went into effect in December 2018. Read the article…………………………….
Mid-Year State Legislative Action Committee Update: Part II
During the COVID-19 pandemic, CAI’s legislative action committees (LAC) volunteered hundreds of collective hours to review bills, draft testimony, work with lobbyists, meet with legislators and other decision-makers, and testify for and against bills. Here is the second part of a series focusing on legislative issues impacting the community association housing model. Read the […]
Mid-Year State Legislative Action Committee Update: Part I
Most state legislative sessions have formally adjourned as the COVID-19 pandemic continues to dominate 2020. However, state legislatures are experiencing an unprecedented number of special sessions. CAI’s legislative action committee (LAC) volunteers and lobbyists continue to demonstrate their strength in protecting CAI members from legislation that would have a negative impact on their communities while […]
Be Wary of MRTA (FL)
A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions. Read the article………………………………..
Governor Polis Signs Senate Bill 20-211 (CO)
In late June, SB 20-211 was approved, limiting creditors, including owner associations, from taking extraordinary actions to recover assessment delinquencies. Specifically, associations are prohibited from garnishing wages, levying bank accounts or otherwise executing on a court judgment. The Act is intended to provide some relief to individuals who have been financially impacted by the COVID […]
Updated NC Condominium Act (47C)
The NC General Assembly in 2020 has made a number of changes to the North Carolina Condominium Act (NCGS 47C). All of the updated statutes have been signed by the Governor and are now in effect. Read the article………………………………
2020 Florida Session: Legislative Update
With the legislative session closed and the deadline expired for Governor DeSantis to veto Florida House or Senate bills, we now know the laws that will affect community associations. Below is a summary of some of these new laws impacting Florida community associations. Our forthcoming Legislative Guidebook will contain a more in-depth analysis along with […]
Will new law open the floodgates of condo development in Nebraska?
I’m only posting this link because for the past few years the developer lobby in numerous states has pushed, often successfully, to significantly reduce the ability of associations to sue condominium developers for construction defects. The bill in Nebraska, if enacted, would make it almost impossible. It would give developers the right to build crap […]
Legislative Update on Emotional Support Animals (FL)
On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]
Daycare, the New Normal in Associations (CO)
On July 8, 2020, Senate Bill 20-126 was adopted. SB 20-126 amends CCIOA at C.R.S. §38-33.3-106.5 to require licensed daycare centers to be allowed in all Colorado associations (with the exception of communities qualified as housing for older persons under the Housing for Older Persons Act of 1995), regardless of whether or not daycare centers […]
Florida Legislature Eliminates State Registration and Reporting Requirements for 55+ Communities
If your community claims to be “housing for older persons” under federal and state law, then effective July 1, 2020, the Florida Legislature has eliminated from Florida’s “Fair Housing Act” (§760.29(2)), the requirement for your community to register with the Florida Commission on Human Relations. In addition, community associations that qualify as “housing for older […]
New Colorado law requires homeowner associations to allow home daycares
Gov. Jared Polis signed a bill into law on Wednesday that aims to make it easier for home daycares to open in neighborhoods with homeowner’s associations. The bill prohibits homeowner associations from banning these daycares, something supporters say has stifled many would-be childcare centers in the past. Read the article…………………………….
New Law Offers Important Protection to NC Pool Operators
House Bill 902 was signed into law by Governor Cooper on July 2, 2020 and grants some limitations on liability for privately owned swimming pool operators who open their pools during the COVID-19 pandemic. The Bill applies to community pools owned by private entities, such as apartment complexes, homeowners associations and condominium associations, and protects […]
Finally! Florida Passes Emotional Support Animal Law
Finally, the Florida legislature passed a bill regulating the out of control problem of Emotional Support Animals in Florida’s community associations. SB 1084 was signed into law by Governor DeSantis on July 1, 2020, and takes effect immediately. The new law provides for the following Read the article…………………………
Breaking News for NC Community Pools: New Law Limiting Liability Signed Today
Part VI, of North Carolina House Bill 902, signed into law by Governor Cooper today, provides protection for community associations and their agents against lawsuits from people seeking damages for injury or death resulting from transmission of COVID-19 as a result of reopening their community association pools. Read the article……………………………..
2020 Amendments to the Florida Statutes Affecting Community Associations
Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance. Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, 2020, and some of which address Florida’s community associations options for regulating issues involving emotional […]