Homeowners associations are often required to disclose information to their membership. There are two forms of disclosure: general notice or individual delivery. When homeowners associations are required to deliver documents by “individual delivery” or “individual notice,” Civil Code Section 4040 permits delivery by email, facsimile, or other electronic means (“electronic delivery”) only if the recipient […]
Are HOA Owners “Grandfathered” In from New Rental Restrictions? (FL)
The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit […]
New Laws Don’t Always Apply (FL)
Q: I read your recent column which gave your opinion that the new condominium law on board member term limits is not retroactive. With so many changes to the law every year, how are we supposed to know which new laws apply to us and which ones don’t? Read the Q&A……………
AB 2912 Signed! Significant Changes to HOA Financial Review and Insurance Requirements (CA)
Earlier this year, the California Legislature proposed AB 2912 (Irwin) in an effort “to protect owners in a [HOA] from fraudulent activity by those entrusted with the management of the [HOA’s] finances.” To that end, AB 2912 significantly increases the financial review requirements of HOA boards of directors, limits the ability for automatic transfer of […]
Think Rules and Regulations Do Not Need to be Recorded? Think Again!! – Recent Legislative Changes Affecting Homeowners’ Associations (FL)
Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to […]
HOA Homefront: California now has Fair Housing regulations – and sexual harassment is illegal
The federal Housing and Urban Development Department (HUD) adopted regulations in September 2016 which for the first time prohibited sexual harassment within housing accommodations. “Housing accommodations” in this context includes homeowner associations. These regulations thus far have not received widespread attention, but in California this will change soon. Read the article………………
SB 1016 Signed! New Law Expands Rights to Use EV Charging Stations in HOAs (CA)
For the third time in past seven (7) years, the California Legislature has modified the laws governing the installation and use of Electric Vehicle (EV) charging stations within homeowners associations (“HOAs”). The first time was in 2011 when the Legislature enacted a new statute (now contained at Civil Code Section 4745) designed to nullify any […]
An Insider’s Perspective On Navigating The Florida DBPR Regulatory And Professional Boards
Many business and industries in Florida find it necessary to obtain some form of license in order to conduct business in this state. Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The Florida DBPR is a governmental agency under the […]
HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines (MI)
On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. Read the article………………
New Statutes Bring Streamlined Methods to Preserve Association Governing Documents (FL)
As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, if a community’s governing documents are subject […]
South Carolina passes HOA reform law
Home owners associations in South Carolina are now under more scrutiny. Gov. Henry McMaster signed an HOA reform bill Wednesday, ending a three-year process for the bill’s supporters. Read the article………………
Mountain Law: New Colorado law affects liability under snow and ice removal contracts
In the last state legislative session, the General Assembly passed, and Colorado Governor John Hickenlooper signed into law, Senate Bill 18-062 known as the “Snow Removal Service Liability Act.” The act is formally expected to go into effect in August 2018. The act is based on model legislation drafted by an industry trade group known […]
Congress Extends Flood Insurance Program Through November
The U.S. Senate has approved a short-term extension of the National Flood Insurance Program (NFIP) through November 30th. With the U.S. House of Representatives having already cleared the legislation, the measure now goes to President Trump for his signature into law. Read the article………………
Recap of new HOA laws and effective dates (FL)
Q: Thank you for the condominium update a few weeks ago. We understand there are new laws impacting our homeowners’ association (HOA), as well. Would you please recap the changes we need to know about? Read the Q&A……………
CAI Blog Series: U.S. Constitution, Tenth Amendment
The First and Second Amendments to the U.S. Constitution get a lot of attention. Freedom of religion, speech, and the press, as well as the right to bear arms are no doubt important. However, it got me thinking: Why don’t we talk about the other amendments as much? Wait, what are the other amendments? Sure, […]
Parity Act Options Open Despite Removal from Defense Authorization Act Conference Report
ARRL Hudson Division Director and ad hoc Legislative Advocacy Committee Chair Mike Lisenco, N2YBB, says removal of Amateur Radio Parity Act (HR 555) language from the National Defense Authorization Act (NDAA) Conference Report this week was unfortunate, but does not kill the initiative. The Parity Act would ask the FCC to grant radio amateurs living […]
Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA? (WA)
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget. […]
Virtual HOA Meetings?: Virginia’s General Assembly Makes It Easier For Property Owners’ Associations To Hold Entirely Electronic Meetings
Association (both property owners’ association and condominium association) meetings are typically held at the community clubhouse or other local building. However, with the increasing availability and utility of technology, virtual meetings are becoming more commonplace. Virginia’s General Assembly (Virginia’s state legislature) recently passed legislation, House Bill 1205 (the “Amendment”), amending the Virginia Nonstock Corporation Act, […]
Big Changes in Washington State HOA Law
The Washington Common Interest Ownership Act (WUCIOA) was passed by the Washington State Legislature on March 6, 2018 and goes into effect on July 1, 2018. This comprehensive legislation represents a significant change in community association law for Washington. The numerous statutes that previously governed community association law in Washington were vague, leading to disputes […]
How does a Community Adopt WUCIOA? (WA)
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIOA. Second, the board must vote to amend the declaration to remove provisions which directly conflict with WUCIOA. […]
New laws applicable to condominiums effective July 1 (FL)
Question: We understand there are new laws impacting condominium associations. Would you please recap the changes we need to know about? Read the Q&A……………..
Colorado’s Snow Removal Service Liability Limitation Act Restricts Enforceability of Indemnity Provisions
On May 30, 2018, Colorado Governor John Hickenlooper signed into law Senate Bill 18-062, referred to as the “Snow Removal Service Liability Limitation Act” (the Act), codified at C.R.S. § 13-21-129. The Act is based on model legislation drafted by the Accredited Snow Contractors Association (ASCA), which saw similar legislation pass in Illinois, with bills […]
The Wild West, Tamed a Bit (SC)
Although far from comprehensive, the South Carolina legislature has successfully taken its first steps to regulate homeowners’ associations. The South Carolina Homeowners Association Act (“Act”) became official on May 17, 2018 when the governor signed it into law. Up to this point, South Carolina has never had a comprehensive law governing homeowners’ associations. Until now, […]
Your Guide to the Most Impactful 2018 Legislative Amendments to the Florida Statutes
Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes. Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law. In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately passed, than in 2017. Nevertheless, […]
NYS Assembly passes bill to end future condo tax breaks
The New York State Assembly has passed a bill that would end tax breaks for condominiums starting in 2021. The bill moves to the Senate in the last days of session. Gov. Andrew Cuomo’s staff said he would review the issue. Read the article……………..
Pre-CCIOA Communities Right to Veto Budget Bill Signed Into Law by the Governor (CO)
In prior blog posts we discussed House Bill 18-1342, which proposed that all pre-Colorado Common Interest Ownership Act (“CCIOA”) communities, i.e. communities formed prior to July 1, 1992, comply with the budget veto process found in Section 303(4)(a) of CCIOA. Section 303(4)(a) was, previously, only applicable to post-CCIOA communities. HB 18-1342 has been signed into […]
New Maryland Law Facilitates Ability Of Condos To Suspend Common Element Privileges As A Means Of Collecting Delinquent Condominium Assessments
The Maryland legislature recently made it easier for condominium associations to amend their declarations to authorize the suspension of common area parking and recreational facilities of unit owners whose delinquent condominium assessments are more than 60 days in arrears. Under prior law, a minimum of 80% or greater was required for such an amendment. The […]
New Maryland Law Prevents Developers From Retaining Disproportionate HOA Voting Control
A new law, effective October 1, 2018, will prevent developers from retaining disproportionate voting control after selling a majority of lots within a homeowner association (“HOA”) subdivision. This law ends the practice where some HOA developers created governing documents that gave them multiple vote for each unsold, Read the article………………..
Legislative Update Issues to Watch in 2018…and Beyond (NY)
Whether it’s pending Airbnb legislation in various markets, proposed legislation on New York State co-op applications, or homeowners winning the ability to sue condominium developers for faulty practices, co-ops, condos and HOAs are often at the mercy of legislators and the legal system. As constituents, they have a voice, but the question remains: are the […]
Attention Virginia Community Associations: DPOR CIC Board to Adopt New Notices for Condo Resale Certificates and POA Disclosure Packages
During its 2018 session, the Virginia General Assembly passed new legislation amending the disclosure requirements under both the Virginia Condominium Act and the Virginia Property Owners’ Association Act. The new legislation has been signed by the Governor and will take effect July 1, 2018. Among other changes, the new legislation requires the Common Interest Community […]
Washington Uniform Common Interest Ownership Act (WUCIOA) Effective July 1
The Washington Uniform Common Interest Ownership Act (WUCIOA) takes effect on July 1. This new law applies to all condominium and homeowners associations created in Washington on or after that date. The following section of WUCIOA applies to condominium and homeowners associations created in Washington before that date as well: Read the article…………….
New 2018 Legislation that affects condos, co-ops and HOAs (FL)
This year a 72-page bill (House Bill 841) became law and will become effective July 1, 2018. HB 841 is a mixed bag mostly for condos but a few items also pertain to cooperatives and HOAs. Last month we discussed in detail the provisions in the Bill affecting electrical vehicles, owners, and the rights the […]
Legislative Review Wrap-Up (FL)
This week we conclude our annual review of 2018 legislation affecting Florida community associations, with a review of the amendments to Chapter 712 of the Florida Statutes, the Marketable Record Title Act, or MRTA, which become effective on October 1, 2018. MRTA is primarily intended to facilitate real estate transactions, by eliminating “stale claims” against […]
Community Manager Licensing – Sunset in Colorado
If you want to earn a living as a community association manager in these eight states – Alaska, Colorado, Connecticut, Florida, Georgia, Illinois, Nevada, and Virginia – you must have a state-issued license. In 1987, Florida created the first state licensure program for community association managers and other states followed sporadically over the past few […]
Legislative Updates for D.C.
As we noted last year, the Council for the District of Columbia revised the DC Condominium Act substantially in a few important ways. This legislative season, the Council has considered three additional bills that, if passed, will impact condominiums and other common ownership communities within the District. Read the article……………….
Legislative Updates for Maryland
The 2018 legislative session for the State of Maryland was very active. The General Assembly considered many bills that impact community associations. Below, is a recap of each law that we believe may impact your community. And, I have also noted a few proposed laws that did not pass but which may be considered in […]
Legislative Review Continues (FL)
Today’s column continues our annual review of legislation affecting Florida community associations, effective July 1, 2018. E-Mail Communication by HOA Board Members Read the article………………..
South Carolina Legislative Update: Bill Impacting HOAs and Condos Signed Into Law
A South Carolina bill we have been watching for more than a year was signed into law by the Governor yesterday, May 17, 2018. House Bill 3886 is the first SC bill specifically directed at homeowners associations and condominiums in South Carolina and will impact how each of these types of communities operates. Officially titled […]
Radio Parity Act Language Inserted In National Defense Authorization Act:
ARRL has praised the work of US Representatives Joe Courtney (D-CT/2), Vicky Hartzler (R-MO/4), and Mike Rogers (R-AL/3) for their successful efforts in securing language in the FY 2019 National Defense Authorization Act (NDAA) that asks the FCC to grant radio amateurs living in restricted communities the right to install effective outdoor antennas. Text from […]
Continuing Legislative Review (FL)
Today’s column is the fourth installment of our annual review of the new laws affecting community associations and will continue our review of the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the Cooperative Act involving official records and board member eligibility. Read the […]
2018 Utah Legislative Session
Happy Laws Go Into Effect Day! (okay, I’m sure there’s a better name for that). Today, May 8, the HOA laws that were enacted this year go into effect. Specifically, those laws: Read the article……………….
Owners of electric vehicles in condos can now charge up at assigned parking space (FL)
The Florida Legislature looked favorably upon electric vehicle owners this session when it approved House Bill 841; a community association law affecting many aspects of community living including detailed new provisions to accommodate electric cars. A preamble to the new law says: “The Legislature finds that the use of electric vehicles conserves and protects the […]
Continuing Legislative Review (FL)
Today’s column is the third installment of our annual review of the new laws affecting condominium associations and will begin to review the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the condominium laws involving official records, websites, financial reports, meeting notices, term limits, […]
WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees (WA)
WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
WUCIOA – What is it, and why should my community association care? Topic 6: Actions without Board Meetings
WUCIOA provides a limited ability for Boards to take action by email . (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
WUCIOA – What is it, and why should my community association care? Topic 5: Electronic Notice (WA)
WUCIOA provides for electronic notice to members who “opt in” to such notice. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
Confidentiality Of Unit Owner Contact Lists; Where Will We End Up? (IL)
In recent months, we have seen a legislative tug of war over the confidentiality of unit owner contact lists. This all started with changes to Section 19 of the Illinois Condominium Property Act that took effect on January 1, 2018 requiring that associations include every unit owner’s email address and phone number on the unit […]
New Maryland Law Prevents Shortening Statute of Limitations Applicable to Claims for Condominium Construction Defects
A new Maryland law prevents developers from shortening the time period within which condominium associations and their unit owner members can assert claims for hidden construction defects in newly constructed condominiums. The legislation known as HB 77 and SB 258 passed both houses of the Maryland General Assembly and was signed into law by Governor […]
2018 Legislative Session Final Report (FL)
The 2018 Legislative Session ended with only two community association bills passing and being approved by the Governor. The following is a summary of the two bills: Read the article………………..
Legislative Review Continues (FL)
Today’s column is the second installment of our annual review of legislation affecting community associations in Florida. Last week, we reviewed changes to the condominium laws involving official records, websites, financial reports, meeting notices and term limits. Today continues a review of new condominium laws, effective July 1, 2018. Read the article……………….