A little over a year ago, a homeowner’s association governing a San Diego condo complex told a Jewish resident to remove a mezuzah from his home’s doorpost. Mezuzahs are small parchment scrolls containing two passages from the Book of Deutoronomy in the Old Testament, usually encased and affixed to doorposts of Jewish homes, designating them […]
I beg your pardon, Florida has promised you a rose garden
his was a slim 2019 legislative session when it came to new laws affecting Condominium or Homeowners’ (HOA) Associations with only 2 new laws passed. In House Bill 7103, older condominiums over 75 feet tall got another last minute reprieve from having to retrofit their buildings with fire sprinklers, opt-out or adopt an engineered life […]
“Former Felon Board Member Eligibility,” FCAP Managers Report (FL)
Fla. Stat. §§ 718.112, 719.106 and 720.306 each contain a limitation on a Read the article………………..n individual’s ability to serve on a community association board of directors if the person is a convicted felon. Specifically, a convicted felon is not eligible to serve on a community association board “unless such felon’s civil rights have […]
What is Texas Open Meeting Law?
The Texas Open Meetings Act states that governmental bodies must hold open meetings unless there is an authorized reason for an executive, or closed, session. This is to keep government transparent and accountable, and to ensure public business shall be conducted responsibly. Read the article………………
Governor Signs Bill “Know Your Rights” Insurance Disclosures for Mobilehome and Condo Residents (CA)
After earning strong bipartisan support in the Senate and Assembly, Governor Gavin Newsom signed Senate Bill 508 authored by Senator Connie M. Leyva (D-Chino) that will require insurers to provide timely disclosures and information to mobilehome and condominium residents regarding their residential property insurance policies and their rights associated with their policy. Read the article………………
Mid-Year Federal Policy Update
CAI’s Federal Legislative Action Committee (LAC) is the advocate for CAI member interests in Congress and with the Trump administration. While a divided government has slowed progress on significant legislation, the Federal LAC has been very active on key issues for community associations. Read the article………………………
Updates on Legislation That Affects Florida Community Associations (FL)
Only a few bills passed this year that affect community associations. These bills pertain to: 1. fire sprinkler and engineered life safety systems in condominiums, 2. removal of dangerous trees, 3. vegetable gardens, and 4. Assignments of Benefits Read the article…………………………..
J-51 Tax Abatement Extended and Expanded (NY)
More co–op and condo owners will now have the opportunity to join a previously expired tax abatement program, thanks to a bill signed into law earlier this month, Qns.com reports. The J–51 tax abatement, which helps co-ops and condos make costly capital improvements, now allows properties with an assessed value of up to $40,000 to […]
CFSIC recieved over $12 million in claims from condo owners with failing foundations (CT)
Just a week after Gov. Ned Lamont signed a law allowing condo owners to participate in the Connecticut Foundation Solutions Indemnity Company Inc’s foundation repair and replacement funding, over $12 million worth of claims have been submitted. Read the article………………………….
Hurricane Season Is Here – If you Suffer a Casualty, You Need to Know About This New Law (FL)
A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other […]
2019 Florida Condominium & Homeowner Association Legislative Update
Based on the seemingly low media profile of recently passed legislation pertaining to community associations, many people wrongfully assume the latest session of Florida’s legislature will have little or no impact on their community association. To the contrary, although lacking in “name plate” legislation, the following recently passed legislation goes into effect on July 1, […]
Challenging the New Development Next Door
In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development. […]
Homeowners take action against defunct HOA as lawmaker promises transparency (TX)
There could soon be changes to the way homeowners associations operate in Texas. After KHOU 11 Investigates uncovered hundreds of people were paying dues to an HOA that did not exist, one lawmaker is making it his business to better protect people’s investments. The idea could help some property owners fighting to take back their […]
‘Inscribe them on your doorposts’: California lawmakers pass ‘mezuzah bill’ (CA)
A bill to enshrine the right of Californians to hang mezuzahs on their doorframes is moving through the state Legislature and is on its way to the desk of Gov. Gavin Newsom. SB 652 bars landlords and condo associations from prohibiting “the display of religious items” of a certain size on doors and doorframes. Known […]
Community Associations Legally Permitted to Obtain Keys to Private Residences (FL)
When one lives in a condominium association, residents and owners must be aware that an association has the legal right to obtain an emergency key for every unit so it may access a residence under specific circumstances. Read the article……………………..
Condo Owners Could Face Millions Of Dollars In Potential Liability (HI)
Senate Bill 551 clarifies condo associations’ right to conduct non-judicial foreclosures, which could save condo owners from footing the bill in a multimillion-dollar class-action lawsuit. Read the article………………………
Certain home-based daycares get new protections (VA)
Home-based childcare providers can breathe a sigh of relief after Virginia passed a new law giving certain providers some protection. The new law which took effect on July 1 is specifically protecting home-based childcare’s that reside in areas that are beholden to Home Owners Associations. In the past Home Owners Associations would try to ban […]
HOA Homefront: Two views on antennae sprouting atop rooftops (CA)
Q: I am in an HOA of free-standing homes. Our CC&Rs require that satellite dishes cannot be visible from common areas or HOA streets. Yet, several members have installed small dishes, less than 36 inches across, on their own property, visible from common areas and HOA streets. I registered my complaint, but the management company […]
Granny flats may get easier to build (CA)
State lawmakers believe too many California homeowners still struggle to build granny flats, with high fees, construction costs and regulations stalling even the most careful plans. A handful of proposals in Sacramento would expand the years-long efforts to clear hurdles for homeowners interested in building auxiliary dwelling units (ADUs) on their property. The measures would […]
Private Flood Insurance Mandatory Acceptance Begins July 1, 2019
In February 2019, the Board of Governors of the Federal Reserve System, the Farm Credit Administration, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of the Currency (the interagency regulators) issued a final rule implementing the portion of the Biggert-Waters Flood Insurance Reform Act mandating acceptance of […]
Legislative Update: Texas HOA Legislation in 2019
The 2019 legislative session recently ended, and we at SpectrumAM would like to inform our boards that little was passed that will impact SpectrumAM’s clients or the association management industry in general. Like many bills, most of the items discussed at the beginning of the session failed to make it out of committee, and some […]
Washington Legislature Amends WUCIOA
The Washington Legislature recently approved a new law updating the Washington Uniform Common Interest Ownership Act (“WUCIOA”; RCW 64.90) in various ways. The most significant changes related to condominium liability. Read the article……………………
To Avoid Charges of Retaliation, Start Talking to Employees (NY)
New York City co-ops and condos are facing yet another potential avenue of legal liability, thanks to a recent vote by the city council. Earlier this month, the council voted to amend the city’s Human Rights Law, making it an unlawful discrimination practice to retaliate against an employee who asks for a reasonable work accommodation […]
Ohio Grilling Law
Summer season is upon us. Warm days and nights provide the perfect conditions for grilling outdoors on a deck, patio, or balcony. That makes this the ideal time to think about fire safety and to review Ohio’s laws on grilling and the use of open-flame cooking devices. Read the article…………………..
The New “Reefer Madness”: Is Your Association Ready for the Legalization of Recreational Marijuana in Illinois?
Governor Pritzker is expected to sign legislation known as the Cannabis Regulation and Tax Act and the Cannabis Control Act. As a result of such action, on January 1, 2020, Illinois will join the limited number of states that have legalized the recreational use of Marijuana. Read the article………………………….
The Climate for Licensing Community Association Managers: Sweeping Occupational Licensing Reform
Nearly one in three Americans in the workforce perform a job that requires an occupational license, according to a study published in 2015 by a Minnesota professor and a White House paper published in 2016 . The Trump administration has continued the efforts started by the Obama administration by urging states to take up occupational […]
Recreational Marijuana in Condominium Associations (IL)
With the Senate’s recent passage of HB 1438, the Cannabis Regulation and Tax Act (“Cannabis Act”), Illinois is poised to become one of the 11 states that permit both recreational and medical marijuana use. HB 1438 will likely be passed by the Illinois House and subsequently signed into law by Governor Pritzker (feel free to […]
Agency Revisits Term Limit Issue (FL)
In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit. The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director was “termed out”) […]
Maryland Streamlines Process for HOAs to Remove Antiquated Racist Covenants
Rodgers Forge became the first residential community in Maryland to take advantage of a 2018 law that empowered and required homeowners associations to proactively act to remove covenants that restrict homeownership based on skin color, religion, or nationality, according to The Baltimore Sun. In May, the Towson, Md., community altered 85 covenants written more than […]
Legal & Legislative Update 2019 – How Will Your Community Be Affected? (NY)
Laws, and the legal decisions that support and enforce them, are constantly evolving and can affect every facet of community life in HOAs, condominiums and co-ops. While law and legal cases can emanate from any of our three levels of government – federal, state or local – most of the developments that affect housing come […]
Legislative Session Update Part II – Bills That Were Passed (FL)
What a difference a month makes…Last month, we provided an update on various pieces of legislation that would have impacted community associations throughout Florida. This month, we report that almost none of those extensive proposed changes were adopted by the legislature. Read the article……………………….
2019 Legislative Updates (VA)
During its 2019 legislative 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 July 1, 2019, unless otherwise noted below. Also, please note that Chapter 55 of […]
2019 Condominium Warranty Reforms and WUCIOA Clarifications (WA)
The Washington Legislature wrapped up its 2019 session by enacting much-anticipated reform to the condominium implied construction warranties. The warranty reform bill also included important clarifications of the application of WUCIOA to existing projects that straddled the effective date of WUCIOA. These reforms are contained in SB 5334, which becomes effective on July 28, 2019. […]
Changes to Arizona law that forces condo owners to sell
A law that forces Arizona homeowners to sell their condos to real estate investors is getting an update. The Arizona Condominium Termination law allows real estate investors to buy 80 percent of the units in a complex, take over the homeowner’s association, and force the remaining 20 percent to sell at a fair market value […]
NC Community Association Legislative Update – May 10, 2019
Yesterday, May 9, 2019 was the “crossover deadline” in the North Carolina General Assembly. In short, that means that bills not related to taxes or spending must have passed one chamber to be eligible for consideration during the two-year legislative session. Read the article……………………
Special exception in SC law could save 17 beach houses, but at what cost?
DeBordieu Colony, a wealthy, gated beach community, was the benefactor of targeted legislation in the Statehouse this week that would protect a stretch of beachfront houses. That’s if Gov. Henry McMaster signs it into law. Lawmakers adopted a bill in the final week of the 2019 session that would allow the tony retreat to rebuild […]
The Latest on Short-Term Rental Litigation and Legislation
The sharing economy phenomenon and use of online platforms like Airbnb and VRBO, which facilitate short-term rentals, has significantly transformed the dynamics of renting property. The popularity of Airbnb and VRBO has created a unique housing market where short-term rentals provide considerable income for some community association owners, particularly those in vacation destination and resort […]
Manager Licensing Continues for at Least One More Year (CO)
The long awaited passage of HB19-1212 occurred late Friday evening, May 3, 2019, as the session wound down. The final version of HB 19-1212 recreated the manager licensing program for one year. In addition to the one year extension, a stakeholder committee was formed to make recommendations for future revisions to the law. The stakeholders, […]
Governor Murphy Signs Important Foreclosure Reforms for Community Associations (NJ)
On March 28, we wrote about two important bills adopted by the New Jersey Legislature which aimed to lessen the burden felt by community associations with respect to properties in foreclosure. We can now report that those bills have been signed into law by Governor Murphy. As outlined in our earlier Alert, New Jersey quickly […]
Condo owners, firefighters at odds over sprinkler requirements (FL)
The final week of the legislative session could finally bring an end to a long-running battle over condo fire sprinklers. In the 1990s, Florida law was changed to require all new high-rises in the state be outfitted with fire sprinkler systems. A decade or so later, existing hotels and timeshare complexes over 75 feet tall […]
A Road Paved with Good Intentions (CA)
As the California legislature expressed in the stated legislative objective behind Civil Code section 4515: “The homeowners’ associations that operate the common interest developments (CIDs) are quasi-governmental entities with great power over the lives and property of their residents, including powers exceeding those of local governments. Unfortunately, those powers have too often been used to […]
Day of Reckoning for Trump Tower and Other Energy Hogs (NY)
Today’s the day. The New York City Council is expected to approve a bill that will require most co-op and condo boards to undertake costly retrofits to reduce their buildings’ greenhouse gas emissions. Known as Intro. 1253, the bill will require owners of residential and commercial buildings larger than 25,000 square feet, including co-ops and […]
2019 Legislative Primer Part II – Busy Year for Legislation Impacting Community Associations (FL)
Tension and excitement continue to build as we watch this year’s legislative session unfold. One of the pending bills that affects condominiums, cooperatives and homeowners associations HB 1075. The bill is over 100 pages so we cannot address all aspects of it in this article, but let’s look at some of the highlights. The bill […]
Stricter Disciplinary Penalties for Florida Community Associations Now in Effect
A couple of years ago we saw the Florida state legislature add teeth to Florida’s condo and HOA laws governing theft, fraud, abuse and conflicts of interest. Recently, the Department of Business and Professional Regulation, the state agency that governs community associations, followed suit by implementing harsher civil disciplinary guidelines for condominium association infractions. Read […]
Virginia passes bill for homeowners to make HOA fees more transparent
Virginia Governor Ralph Northam signed a bill this week that would give homeowners more transparency regarding different fees. The bill requires Homeowners’ Associations boards to make annual budgets available to homeowners prior to the new fiscal year. Read the article…………………….
2019 Legislative Primer Part I – Busy Year for Legislation Impacting Community Associations (FL)
The number of pending bills this year affecting community associations in some way or another is substantial. Multiple bills regarding vacation rentals reveal the battle lines in Tallahassee between local governments, communities, and the hotel lobbyists versus the vacation rental companies. Senate Bill 1196 and House Bill 1129 are considered community-association friendly bills that impose […]
Updated Lien Priority Law Benefits Condominium and Homeowners Associations in New Jersey
On March 25, 2019, the New Jersey Legislature passed legislation that will enhance the lien priority for condominium associations and, for the first time, give the same lien priority to homeowners associations. If this legislation is signed by Governor Murphy, both condominium and homeowners associations will enjoy a limited priority over all other liens (except […]
New Jersey Legislature Passes Important Foreclosure Reforms for Community Associations
For years, organizations that work with community associations, along with association residents, have lobbied for reforms to the foreclosure system in New Jersey. As of this writing, two bills currently sit on Governor Murphy’s desk which, when signed, will make small strides towards easing the burden felt by community associations when saddled with numerous properties […]
Florida condo association laws have growing pains
The 2017 bill providing website guidelines for condominium associations with more than 150 units (which does not contain timeshares) is going through some growing pains. The new law amended Section 718.111 of the Florida Statute and raises issues boards must consider as they strive for compliance. Read the article……………………
Virginia passes bill for homeowners to make HOA fees more transparent
Virginia Governor Ralph Northam signed a bill this week that would give homeowners more transparency regarding different fees. The bill requires Homeowners’ Associations boards to make annual budgets available to homeowners prior to the new fiscal year. Read the article……………………..