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………………………….
What a new Illinois law about service animals means for condo associations (IL)
Effective Jan. 1, the “Assistance Animal Integrity Act” took effect in Illinois, supplementing existing federal law regarding reasonable accommodation requests for assistance animals (i.e., service animals and emotional support animals). Read the Q&A…………………………
Facade Inspections to Get Stricter – and More Expensive (NY)
Just in time for the start of the city’s 9th cycle of the Facade Inspection Safety Program (FISP) on February 21, 2020, the Department of Buildings (DOB) has published a new amended rule aimed at increasing safety and holding negligent building owners accountable, RAND Engineering & Architecture reports. In the wake of architect Erica Tishman’s […]
New HUD Guidelines on Assistance Animals
Purpose:This notice explains certain obligations of housing providers under the Fair Housing Act (FHA) with respect to animals that individuals with disabilities may request asreasonable accommodations.There are two types of assistance animals: (1) service animals, and (2) other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for […]
Let the Kids Play (CO)
On January 27, 2020, the Colorado legislature introduced SB 20-126 . If passed, the bill would prevent a community association from prohibiting a licensed child care center from operating in the community. Read the article………………………
New Guidelines for FHA Financing in Condominiums (UT)
If you’ve ever worked with a Condo Association to obtain project approval for FHA financing, you are aware that the process can be cumbersome. It involves gathering and presenting governing documents, financial statements, and insurance policies, among other required documentation and certifications. Read the article…………………………
Homeowers are allowed to display political signs (NV)
Q: What does the law say about posting a political candidate’s signs? Can a homeowners association keep owners from posting a sign in their windows or planting a sign in their lawn? Read the Q&A…………………………
Federal Rule Changes Impact Real Estate
The start of the New Year means new laws go into effect, many of which impact buyers, sellers, homeowners, and investors in real estate. This year, several new laws and regulations will make it easier for certain homebuyers to obtain financing, investors to obtain the insurance they need, and property owners to take advantage of […]
Does Your State Require Community Association Managers to be Licensed? What HOA Boards Need to Know
There are currently eight states and the District of Columbia that require Community Association Manager (CAM) to be licensed. These states include: Alaska California Connecticut Florida Georgia Illinois Nevada Virginia Read the article………………………….
2020 Arizona Legislative Session
On Monday, January 13th, the Arizona Legislature’s 2020 session begins. One topic that’s guaranteed to be on the legislature’s agenda is short-term rentals. After signing a May 2019 law that regulated “party house” rentals through sites such as Airbnb and VRBO, Governor Ducey signaled in August that the law would likely be revisited in the […]
FAQs Regarding SB326, California Civil Code Sections 5551 and 5986 and the Balcony Bill
On August 30, 2019, Governor Newsom signed SB326 and it became law January 1, 2020. This law requires all California condominium associations with “exterior elevated elements” to have those elements inspected. We have been getting a lot of questions and this article is intended to address and answer those that we hear most frequently. Read […]
Maryland homeowners’ rights bill stems from Ryan Homes issues in Ocean City
In Maryland General Assembly, new legislation will be introduced this session to change Maryland law to stop homeowner associations from signing away the legal rights of its residents without their knowledge. The new bill, called the Sunset Island Act, is based off an ongoing situation in Ocean City. Read the article…………………………..
Asthmatic Condo Dweller Loses Bid to Force Smoking Ban (MI)
Phyllis Davis suffers from asthma but lives in a condominium complex that allows residents to smoke in their condos. Davis asserts that the smell of smoke regularly emanating from a neighbor’s condo aggravated her asthma. Unsatisfied with her condo association’s efforts to address the situation, she sued the association and its property manager. Davis alleged […]
New Bill in South Carolina Can Limit HOA Foreclosures on Owners Who Fail to Pay Their HOA Dues
There has been a great deal of controversy regarding how far the influence of an HOA can stretch to the members of its community. There have been many residents that have attempted to eliminate their association from requiring dues on the properties that they own. One issue that has gained a great deal of press […]
Important California Laws To Protect HOA Owners Related To Accessory Dwelling Units & Religious Decorations On Doorways
When deciding to relocate to a new state, it is important to be constantly aware of new legislation that is going into effect related to your housing circumstances. This is also important for established residents to remain informed about their housing development and what protections they have. This is particularly true in California where recent […]
New Michigan bill cracks down on fake emotional support animals in rental units
People trying to pass off pets as emotional support animals in order to avoid fees charged by landlords could be guilty of a misdemeanor under a bill that unanimously passed the House Regulatory Reform Committee on Tuesday. Read the article……………………..
HB 5260: Exempting Condominiums from the Marketable Record Title Act (MI)
As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences for Michigan condominiums and homeowners associations. As a result of the 2018 […]
New Roofs Must Now Be Green or Solar or Both (NY)
Local Laws 92 and 94, part of the Climate Mobilization Act, go into effect on Nov. 15. They require that all newly constructed buildings and all buildings undergoing a complete roof replacement must have a “sustainable roofing zone” covering the entire roof surface. A “sustainable roofing zone” is defined as a solar photovoltaic electricity-generating system, […]
New Law May Help Oceanside Landlord Renting to Marines Amidst Homeowners Association Fines (CA)
A man whose homeowner’s association has been fining him for renting out his properties to military service members said a new law will protect his tenants. Ron Zurawski owns two large homes in the Arrowood housing subdivision in Oceanside, less than one-quarter mile from Camp Pendleton. Read the article…………………………