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 […]
Real Estate and Community Association Legislative Update: Tracking New Legislation (FL)
HB 469: Statute of Frauds. Signed into law on June 27, 2020 and effective July 1, 2020, this bill amends Florida’s Statute of Frauds to specify that subscribing witnesses are not required on a lease for real property. SB 1084: Emotional Support Animals. Read the article………………………….
Gov. Cooper signs bills into law (NC)
North Carolina Gov. Roy Cooper on Tuesday signed 12 bills into law………inc. Condominium Association Changes Read the bill (PDF)……………………………
NC Community Association Legislative Update – June 24, 2020
Like most everything else in 2020, this year’s legislative session has not been typical. This is the second legislative year of the 2019-2020 Session. Normally, some of the bills that survived “crossover” in 2019 would be tweaked and considered, but new significant legislation is not all that common in the second year of a session. Due […]
DeSantis signs bill defining term ’emotional support animal,’ prohibiting discrimination (FL)
Governor Ron DeSantis signed a bill Tuesday that will define the terms “emotional support animal” and “housing provider.” SB 1084 will prohibit discrimination in housing being provided to someone who needs a support animal as well as prohibits health care practitioners from “providing information regarding a person’s need for an emotional support animal without having […]
Virginia Legislative Update 2020
Dring its 2020legislative session, the General Assembly approved a number of bills that create changes to the Property Owners’ Association Act (“POAA”), the Condominium Act and the Code of Virginia. The legislation addressed in this newsletter will take effect on July1, 2020, unless otherwise noted below. Read the PDF………………………………
Updated report includes new state law on solar installations on homes (VA)
A new Virginia law is expanding the rights of some homeowners who want to install and use solar energy. This year, the General Assembly passed Senate Bill 504, which says HOAs can impose so-called “reasonable restrictions” on the installation of rooftop solar, and the legislation says restrictions are considered unreasonable if they increase the cost of […]
NY Residential Cooperative Corporations and Condominium Associations — Left Out of Protections under Governor Cuomo’s E. O. 202.38 and the Real Estate Entity Guidance But Must Prepare Business Safety Plans
On June 6, NY Governor Andrew Cuomo issued Executive Order No. 202.38 which provides commercial building owners and retail store owners and managers with immunity during the covered period, from claims of violation of the covenant of quiet enjoyment and frustration of purpose if they deny admittance to individuals who refuse to participate in discretionary […]
New Regulations for Common Interest Communities Concerning Elections and Board Meetings (NJ)
The New Jersey Department of Community Affairs, Division of Codes and Standards (DCA) published new regulations under the Planned Real Estate Development Full Disclosure Act (PREDFDA) on May 18, 2020. These new regulations are intended to serve as an update to the Radburn Election Law (P.L. 2017, Ch. 106) and will have a significant effect […]
Summary of New Virginia Legislation Impacting Community Associations in 2020
The Virginia General Assembly passed hundreds of bills during the 2020 legislative session. For those who lead, live in, or associate with community associations, many of these changes could impact the day to day operations of how individuals and these associations interact. Below is a summary of some of the General Assembly’s more significant recent […]
Unit Owner Insurance Deductible Responsibility Increased to $10,000 (MD)
Legislation enacted during the 2020 session of the Maryland General Assembly increases the amount for which an individual unit owner is responsible where the cause of damage to any portion of the condominium originates in their unit. Under Section 11-114 of the Maryland Condominium Act, condominium master policies must cover property damage to all of […]
Condominium Act Amendment Requires Adopted Annual Budgets To Be Distributed To Unit Owners (MD)
An amendment to Section 11-109.2 of the Maryland Condominium Act passed during the 2020 session of the Maryland General Assembly requires that the budget adopted at an annual meeting be distributed to each unit owner no more than 30 days after the meeting at which the budget was adopted. Read the article………………………………..
Amendment To The Condominium Act Establishes 60-Day Period For Holders of Mortgages And Deeds Of Trust To Object To Amendments (MD)
An amendment to Section 11-103 of the Maryland Condominium Act, adopted by the General Assembly during 2020 legislative session, clarifies the procedures for obtaining the consent of the holders of mortgages and deeds of trust to amendments to the condominium’s declaration, where such consent it required under a condominium’s governing documents. Read the article………………………….
Why Associations Must Be Aware Of Recent Changes To The Marketable Record (MI)
As discussed in more detail below, the State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community associations may not be familiar with the MRTA since its provisions historically have not affected community association living or administration, the 2019 amendments make it necessary for community associations to take note now before […]
Change in Law Authorizing New Procedures for Amending Governing Documents (MN)
On May 13, 2020, the Minnesota legislature unanimously voted to amend Minn. Stat. 515B.2-118 to authorize new procedures that communities can use when amending governing documents. Specifically, (1) an association can obtain ‘deemed’ approval to amendments from owners who do not vote or do not respond to a request for consent, and (2) where approval […]
Virginia 2020 Legislative Update for Common Interest Communities
The Virginia General Assembly approved a number of bills during its 2020 legislative session. Several of the bills, directly or indirectly, impact common interest communities. The Governor of Virginia signed the following bills into law in March, which will take effect on July 1, 2020. We have outlined the legislative action taken by the Virginia […]
California Wildfire Disasters: The Interpretation and Implementation of Our New Insurance Laws
On a Thursday morning, I received the call that no daughter ever wants to receive. It was from my mom and her car was surrounded by fire. At the same time that I was taking my mom’s call, my dad and stepmom were sending me videos of several fires on the opposite side of town […]
Change in Law Authorizing New Procedures for Amending Governing Documents (MN)
On May 13, 2020, the Minnesota legislature unanimously voted to amend Minn. Stat. 515B.2-118 to authorize new procedures that communities can use when amending governing documents. Specifically, (1) an association can obtain ‘deemed’ approval to amendments from owners who do not vote or do not respond to a request for consent, and (2) where approval […]
New 2020 Utah HOA Laws
Two bills were passed this year in Utah changing parts of the Condominium Ownership Act and the Community Association Act. The new laws that were passed by the two bills go into effect today, May 12, 2020. Read the article………………………………
2020 Community Association Legislative Update – Part II (FL)
At the time of our last Legislative Update article, the Florida Legislature was working on several bills that would significantly impact community associations on a wide range of issues. However, as the 2020 legislative session closed amid the emerging coronavirus pandemic, most of the bills geared specifically toward community associations failed to receive approval, including […]
Washington Legislature Approves New Law Regarding Low-Water Landscaping
The Washington Legislature recently approved a new law regulating the ability of community associations and their governing documents to restrict low-water landscaping practices. The law first states that an association’s governing documents may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. Read the article…………………………….
Why Your HOA Cannot Restrict Access to the 2020 Census
Many HOA and Condo associations implement restricted access measures to help ensure the safety and security of their homeowners and community property. These measures, such as gated entries, closed-circuit cameras, and even security officers, are all in place to prohibit unwanted solicitors or intruders from disturbing your community’s residents. It’s important to know however, that […]
Session Ends and Long Awaited ESA Bill Passes! (FL)
We will be addressing the major bills impacting our CALL members in a series of separate alerts since there is a lot to discuss on each bill. In the first of the series, we are delighted to announce that SB 1084, the bill which takes the first step to rein in emotional support animal abuse, […]
Virginia compromise brings clarity to homeowner association solar rules
A new law updates a 2013 measure that gave homeowner associations power to impose “reasonable restrictions” on solar. Read the article……………………………
New Virginia law prevents HOAs from blocking solar installations
Virginia Governor Ralph Northam has signed HB 414/SB 504. The bill protects homeowners who want to install solar from burdensome homeowners association (HOA) restrictions. “The legislation protects the rights of homeowners who want to go solar but live in HOA communities,” said Aaron Sutch, program director for Solar United Neighbors.“It strikes a fair balance between […]
HB 623 OMNIBUS BILL (FL)
We are now in the final weeks of the 2020 Legislative Session with the last day of Regular Session, March 13, quickly approaching. There will be a lot of activity in the closing weeks for many of the bills CALL has been tracking. Below is a summary of the major community association omnibus bill, filed […]
There is no Such Thing as a Free Lunch – Or a Free Clubhouse: Implementing Reasonable Limitations on Political Speech and Assembly Rights in California HOA’s
We have just passed the two-year anniversary of California Civil Code 4515. This is the law that protects certain rights of members and residents to political speech and peaceful assembly within California community associations. With election season in full swing, it is important for Boards and management to be reminded that the rights afforded to […]
Gov. DeSantis signs bill that bans HOA restrictions on police vehicles (FL)
Law enforcement officers in Florida are now allowed to park their work vehicles in their driveways, despite what HOA has to say about it. On Friday, Gov. Ron DeSantis signed S.B. 476 — the law enforcement vehicles law — which protects law enforcement officers from being told by their HOA they can’t park their work […]
2020 State Legislative Update – Part 2
As of today, 44 state legislatures have convened, and CAI is tracking more than 1,000 bills impacting community associations. This is part two of our 2020 state legislative trends. Read part one here.In addition to affordable housing, construction warranties, reserve studies and funding, the following trends and issues are CAI advocacy priorities: Read the article…………………………
IN-HOME CHILD CARE IN HOMEOWNERS ASSOCIATIONS? MORE THAN LIKELY…YES. (CO)
In a unanimous vote from the Senate Local Affairs Committee (5-0), SB 20-126 was amended and referred to the entire Senate for consideration on February 13, 2020. As amended, the bill prohibits, as a matter of public policy, any restriction in a declaration or covenants that would prohibit the operation of an in-home child care […]
2020 State Legislative Trends – Part 1
As of today, 39 state legislatures have convened, and CAI is tracking more than 1,000 bills impacting community associations. Based on the bills that have been introduced this year and trends from last year, we anticipate our advocacy efforts will focus on several priorities, including affordable housing, construction defect warranties, reserve studies and funding, rentals […]
Cooperative and Condominium Tax Abatement Safe from Prevailing Wage Requirement (NY)
Coops and condos will not need to pay their service employees prevailing wages to keep their units eligible for the Cooperative and Condominium Tax Abatement (the abatement). The abatement reduces property taxes between 17.5 and 28.1 percent on average, depending on the assessed value of the units in the development. Read the article…………………………….
Many Washington Condo Associations and HOAs Must Incorporate or Form LLC
Two Washington laws adopted in 1990 and 2018 require many condominium and homeowners associations to be incorporated entities. The relevant section of the first law, the Washington Condominium Act, applies to all condominiums created after July 1, 1990. Read the article………………………….