On March 23, 2018, Governor Rick Scott signed into law the 2018 legislative changes to the Florida Condominium Act. These changes become law on July 1, 2018. This blog post provides a detailed summary of these statutory amendments affecting Florida’s condominium associations: Read the article…………….
New ordinance proposed to keep condo boards from abusing ‘privacy’ ordinance (IL)
Having passed an ordinance aimed at keeping personal information of condominium unit owners private, the Chicago City Council is now considering legislation that would keep a condo board from using the ordinance as an excuse not to release documents. Only condo board members have access to email addresses and telephone numbers that unit owners give […]
WUCIOA – What is it, and why should my community association care? Topic 4 – Open Board Meetings (WA)
WUCIOA requires all board and board committee meetings to be open to the members (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 […]
WUCIOA – What is it, and why should my community association care? Topic 3 – Restrictions on Use (WA)
WUCIOA makes restrictions on use easier to adopted, like rental caps and smoking bans (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 […]
WUCIOA – What is it, and why should my community association care? Topic 2 – Association Records (WA)
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. But existing HOAs and Condos can CHOOSE to adopt WUCIOA, and the legislature made it easier to do that than any other amendment […]
UPDATE: Recent Clarifications from the New Jersey Department of Health on the Amendments to the Public Recreational Bathing Code (NJ)
In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly the requirement that facilities with pools larger than […]
WUCIOA – What is it, and why should my community association care? Topic 1 – Collections (WA)
If you have owners who don’t pay their dues, WUCIOA is better for most communities. (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 […]
What is WUCIOA, and Will it Affect my Association? (WA)
If your Homeowners Association was created before July 1, 2018, most of the Washington Uniform Common Interest Ownership Act (WUCIOA) won’t apply to you. The only change you’ll want to be aware of relates to how your community adopts its budget. The Washington Uniform Common Interest Ownership Act (WUCIOA) will govern new condominiums and other […]
What is WCIOA? (WA)
As many of you may already know, the Washington Common Interest Ownership Act (“WCIOA”) was adopted by the legislature this year and goes into effect on July 1, 2018. The 135-page bill will replace both the Condo Act (RCW 64.34) and the HOA Act (RCW 64.38) for all Common Interest Communities (“CICs”) created after July […]
New Mandatory Disclosure Requirements for Community Managers (CA)
The legislature believes that more laws are needed to assure that community managers – those who control the assets of common interest developments (“CIDs”) – do not take advantage of their clients by entering into secret agreements with vendors. While in our experience instances of such manager misconduct are rare, the legislature has a theoretical […]
Washington adopts version of Uniform Common Interest Ownership Act
Here is the summary of the bill:
The City Of Chicago & The State Of Illinois Are Taking Action To Address Privacy Concerns Of Condominium Unit Owners
In response to the outcry against the recent amendment to Section 19 of the Illinois Condominium Property Act, the Chicago City Council passed an Ordinance on March 28, 2018 which amends Section 13-72-080 of the Chicago Condominium Ordinance. The Ordinance, as amended, provides that no unit owner, with the exception of those on the Board […]
2018 Legislative Changes for Community Associations (FL)
On March 23, 2018, Governor Scott approved House Bill 841, amending a number of statutes regulating community associations. The following is a summary of House Bill 841 by topic: Read the article…………….
Gov. Scott signs bill re: community associations (FL)
The bill revises requirements related to the governance and operation of condominium, cooperative, and homeowners’ associations. Read the summary of the bill………………. Read a PDF copy of the bill……………….
The Distressed Condominium Relief Act, As The Legislative Dust Settles (FL)
The legislative session ended with a photo-finish, last-hours-of-the-session maneuvering, resulting in the passage of HB 841, which among (many) other unrelated matters also removes the “sunset” provision of the Distressed Condominium Relief Act (“DCRA”). The DCRA was set to expire on July 1, 2018. More specifically, effective July 1, 2018, acquirers of distressed condominium units […]
Reeves Responds to CID Criticism (MS)
Lt. Gov. Tate Reeves blames fixed incomes and high taxes in Jackson for not supporting SB 3045, also known as the community improvement district legislation. SB?3045 died today after it failed to be brought up for a vote in the Senate Finance Committee. Read the article………………
Borneo: State govt strives to enhance regulation on strata titles
Sarawak is determined to benchmark itself against other places around the world in terms of the issuance of strata titles for buildings. This matter is particularly relevant to the situation where more multiple-use and multiple types of developments are taking place across the state, which may face some constraints under the existing Strata Titles Ordinance […]
Jamaica: Completion of Preparatory Work on Gated Communities Legislation Anticipated by 2019/20
Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Hon. Dr. Horace Chang, says he anticipates the completion of preparatory work on the proposed Gated Communities and Town House Complexes legislation, leading to its passage in Parliament by the 2019/20 fiscal year. He was speaking at the final in a series of […]
New Statutory Requirements for Condominium Websites (FL)
Action alert! By legislative enact last year, all non-timeshare condominium association with 150 or more units must have an independent, password-protected website or web portal accessible to association members by July 1, 2018. The website must be wholly owned and operated by the association, or a website or web portal operated by a third-party provided […]
Newly Enacted Civil Code Section 4515 Seeks to Protect Political Speech and Peaceful Assembly at California Community Associations
Effective January 1, 2018, Civil Code Section 4515 was added to the Davis-Stirling Act to protect certain rights of political speech and peaceful assembly within the boundaries of a common interest development. Senator Bob Wieckowski originally presented new Civil Code Section 4515 to California’s legislature as Senate Bill 407. Remarking on his proposed legislation, Senator […]
California Legislative Update: What Your Board Needs to Know
Community association laws are changing all the time, and for both board members and homeowners, keeping up with them is important for achieving their community’s vision while maintaining compliance. To help you keep up with the latest changes in California, Associa Northern California recently hosted a webinar outlining the legislative updates that have taken affect […]
Washington Legislature Adopts Washington Uniform Common Interest Ownership Act
On March 6, 2018, the Washington State Legislature passed the Washington Uniform Common Interest Ownership Act (WUCIOA). It will take effect on July 1, 2018 unless Governor Jay Inslee vetoes the bill. The WUCIOA is comprehensive legislation which will apply to many types of common interest communities, including condominiums, homeowner associations, and real estate cooperatives. […]
New Laws on Construction Noise and Mold Remediation (NY)
Those laws never seem to stop coming. Most co-op and condo boards are aware of new laws that require an annual report on contracts, a way of reining in conflicts of interest, and the looming requirement to adopt and post a smoking policy. But other new laws may be flying under the radar of boards […]
New TN law protects your rights to display political signs (TN)
A homeowners association in Knox County is admitting it was wrong after telling homeowners to take down political signs. A new state law protects your right to post those signs. Read the article………………..
Solar Panels on Common Area Roofs; Have a Policy Yet? (CA)
The California Solar Rights Act (“Act”), found at Civil Code §§ 714 and 714.1, provides certain protections for homeowners seeking to install Solar Energy Systems (i.e., solar panels) on their properties (“Systems”). The intent of the Act was to prevent associations from broadly banning Systems for aesthetic reasons—whether through an explicit ban, or through onerous […]
Virginia Offers Guidance For Confirming That Medical Verifications for Emotional Support Animals Are Legitimate
It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have addressed any number of ESA issues in this space. Professional apartment management companies continue to look for the appropriate […]
Modernizing Condominium Documents To Streamline Assessment Collection (DC/VA/MD)
Assessment collection is critical to the efficient operation of a condominium. Governing documents play an important part in the collection process by establishing a condominium association’s assessment collection authority and collection procedures. Therefore, it is important that governing documents clearly define procedures and comply with current laws. Some assessment collection procedures in condominium governing documents […]
HB 5440: Michigan HOA’s could not prohibit the display of the American or State Flag
Michigan House Bill 5440 was introduced on January 24, 2018. HB 5540 would prohibit a Michigan homeowner’s association or neighborhood association from prohibiting the display of the United States flag or the state flag of Michigan. HB 5540 provides as follows: Read the article…………….
Clark County buyers eager for condos, but developers skittish (WA)
There is a perception among developers that if you build a condominium you may as well be building a wasp’s nest. Veering into that market has gotten many builders stung by lawsuits over purported construction defects. Vancouver developer Elie Kassab has heard those concerns, but isn’t worried. People constantly ask whether he will build any […]
Distressed Condominium Act: Mitigating the Legislative Risks (FL)
The Distressed Condominium Relief Act (“DCRA”) is currently set to expire on July 1, 2018. More specifically, effective July 1, 2018, acquirers of distressed condominium units will no longer be eligible for the “bulk buyer” or “bulk assignee” classifications. Here’s a quick refresher on why this is significant. The DCRA was introduced in 2010 in […]
Swimming In The Deep End – How Amendments To The New Jersey Public Recreational Bathing Code Will Affect Your Community Association
Without much publicity or fanfare, new rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, became effective on January 16, 2018. If you live in a community association with a pool, these new rules and regulations will have a significant impact on opening and operating your […]
What Your California Condominium Association Needs to Know About the New Solar Bill – AB 634! (CA)
As you may have heard, the Governor signed into law new legislation that now changes a California condominium’s associations ability to prohibit an owner from installing a solar energy system on the common area roof. AB 634, which went into effect on January 1, 2018, amended several provisions of the California Civil Code to set […]
Dog Profiling…….Could It Be a Thing of the Past? (CO)
On January 19, 2018, House Bill 18-1126 was introduced and assigned to the Local Government Committee. HB 18-1126 proposes to prohibit association regulations banning dogs due solely to breed, weight, or size classifications. If passed, associations would no longer be able to adopt blanket restrictions prohibiting specific dog breeds, i.e. pit bulls, dogs larger than […]
There’s a New Conflict-of-Interest Law (NY)
If it seems the “to-do” lists for co-op boards and property managers keep on growing, that’s because they do – and now there’s another item to add. On January 1, 2018, a new state law went into effect requiring boards to prepare an annual report of all contracts they awarded in which a director has […]
2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community
Last March, the Colorado General Assembly introduced House Bill 17-1279 concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action. The bill, passed in May, requires a home owners’ association to first notify all unit owners and the developer or builder of a […]
Co-ops and Condos to Get Letter Grades for Energy Efficiency (NY)
When the New York City Council passed a law last week that will require large co-ops and condos to post letter grades reflecting their building’s energy efficiency, some of the earliest and loudest applause came from the Urban Green Council (UGC). This nonprofit promoter of green initiatives had been an ardent supporter of the bill, […]
Memo: HOAs Should Have Longer Look-Back Period for Foreclosing Institutions (PA)
Homeowner associations should have a longer look-back period to obtain unpaid expenses, dues and fees from foreclosing institutions prior to a judicial sale of a property, said a state representative in a memo. Read the article……………..
New Condominium Director and Officer Conflict Of Interest Laws Create Quite A Conflict Themselves (FL)
During this past session of the Florida legislature, new laws in regard to condominium association director and officer conflict of interest became effective July 1, 2017. These new laws are set out sections 718.302 and 718.112(2)(p), Florida Statutes, and when read together create quite a conflict themselves. As you soon discover there is a significant […]
Co-ops and Condos, Like Restaurants, to Get Letter Grades (NY)
In a flurry of activity on its last work day of the year, the New York City Council on Tuesday passed several-housing related bills – including one that will require large co-ops and condos to post a letter grade that rates their energy efficiency. The bill, known as Intro 1632, was introduced by Manhattan city […]
Court rules that tax foreclosure does not extinguish obligations in the master deed and that newly amended MCL 559.16
The Michigan Court of Appeals decided several important issues in favor of Michigan condominium associations on December 14, 2017 in Ferry Beaubien LLC v Centurion Place on Ferry Street Condominium Association, unpublished opinion of the Court of Appeals, issued December 14, 2017 (Docket No. 335571). Specifically, the court of appeals made the following rulings: Read […]
New Year, New Laws for California Community Associations/CIDs-2018
Recent legal Developments affect community association interests in a variety of ways. In 2017, the California Court of Appeal decided several cases concerning such issues as title to common area and board member liability. These cases may be instructive to board members and managers. Meanwhile, on the legislative front, new and pending laws affect association […]
Michigan Senate Bill 663: Michigan cracks down on fake emotional support pets
On November 28, 2017, Senator Peter MacGregor introduced Senate Bill 663, which would criminalize a fake request for an emotional support pet or service animal. Requests for emotional support pets and service animals continue to increase under the Federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. […]
Accounting changes will likely be an added expense (IL)
As I noted in the Nov. 18 column, new Section 1-45(h)(i) of the Common Interest Community Association Act and new Section 18.10 of the Illinois Condominium Property Act provide that: “An association subject to this Act that consists of 100 or more units shall use generally accepted accounting principles (“GAAP”) in fulfilling any accounting obligation […]
HOA Homefront: What Sacramento did for (or is it to?) HOAs in 2017 (Part 2) (CA)
Last week’s column addressed three bills recently passed into law by Gov. Jerry Brown and the California Assembly: Senate bill 2, Assembly bill 534 and AB 1412. Today’s column will tackle three other significant bills, SB 407, AB 634, and AB 690, which also were approved and take effect in 2018. SB 407 created Civil […]
HOA Homefront: What Sacramento did for (or is it to?) HOAs in 2017 (Part 2)
Last week’s column addressed three bills recently passed into law by Gov. Jerry Brown and the California Assembly: Senate bill 2, Assembly bill 534 and AB 1412. Today’s column will tackle three other significant bills, SB 407, AB 634, and AB 690, which also were approved and take effect in 2018. SB 407 created Civil […]
What’s New in Washington, D.C.
The news continues to keep us up-to-date on what’s happening here in Washington, D.C.; including scandals, Tweets, and the latest contention between the Democrats and Republicans. The one popular issue making headlines that directly impacts the community association housing model is Tax Reform. Key issues like proposed changes to the mortgage interest deduction, the local […]
HOA Homefront: What Sacramento did for HOAs in 2017 – Part 1
The California Legislature was quite active this year in creating laws affecting homeowners associations, as six bills take effect in 2018. This column will address three and next week’s column will address the other three. Read the article……………..
Is your Resale Certificate up-to-date? (VA)
If there is one thing we seem to be able to count on from the Virginia General Assembly, its frequent amendments to the statutes regarding association resale certificates and 2017 was no exception. Under the “News You Can Use” section of this site, Jeanne Lauer explained the new legislation regarding “For Sale” signs in condominium […]
New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known
Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No. A-5415-15T3, 2017 WL 4507547 (N.J. Super. Ct. App. Div. Oct. 10, 2017), the court first […]
Short-Term Rentals in Flagler County: The View From Home Owners’ Associations (FL)
Two weeks ago the Florida Senate Community Affairs Committee met in workshop to discuss short-term rentals across Florida, an issue that has bedeviled Flagler County since county government in 2013 and 2014 successfully led the way to a new state law that allows for a measure of local vacation-rental regulations, reversing a 2011 law that […]