The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties. Black’s Law Dictionary (10th ed. 2014). For example, […]
Summary of new laws affecting associations- Part 3 of 3 (IL)
This is the final installment in a three-part series. On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium Property Act. The changes become effective Jan. 1. This is the third of three columns […]
New Maryland Laws Governing Condominiums and HOAs
Beginning on October 1, 2017, several new laws will go into effect in Maryland governing condominiums and homeowners associations (“HOA”). With so much of new residential real estate being developed as part of an HOA or a condominium regime, these new laws will affect many homeowners in Maryland. Read the article…………
New law affects how associations run (IL)
This is part 1 of a 3-part series on a new law affecting associations. On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Illinois Common Interest Community Association Act and the Illinois Condominium Property Act. The changes will become effective Jan. 1, […]
More new laws that affect local HOAs (NV)
This is the second column in a three-part series about the recent state laws that will affect Southern Nevada homeowners associations. These laws were passed during the 2017 legislative session and will have an impact on our HOAs. Read the article……………..
Robert Bumgarner: Restoring free speech rights to homeowner association members (CA)
If you live in a community that’s managed by a homeowner association, you know that they often stifle the free speech rights of individual owners. That’s because First Amendment constitutional speech protections apply to governmental restrictions on free speech, not to private corporations like those that control common interest developments. This year, the legislature addressed […]
Connecticut Laws on Service Dogs and Emotional Support Animals
Under the federal Americans with Disabilities Act (ADA) and Connecticut’s public accommodations law, people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other places that are open to the public. Connecticut’s law is more limited than the ADA, because it covers only dogs that assist […]
Several new laws affect local HOA boards (NV)
This is the first in a three-part series that covers new laws affecting Southern Nevada homeowners associations. It’s that time of year again to review the new Nevada Revised Statutes 116 laws that impact our associations. There will be a series of articles over the coming weeks. Many of these new laws will require associations […]
How Condo Law Change Will Impact New Development (MN)
Newsflash Minnesotans: our state laws governing condominiums and townhomes changed at the conclusion of the 2017 legislative session. For a business litigator who emphasizes a significant portion of her practice representing real estate developers in complex business disputes, I’ve been particularly interested in the evolution of these changes. Why? Because condominium development has stalled in […]
New Amendments to the Illinois Condominium Property Act and Illinois Common Interest Community Association Act
Legislation that will take effect on January 1, 2018 will impose new obligations on Illinois condominium associations, including a requirement that every association maintain an official unit owner list that includes every unit owner’s phone number and email address. The legislation also covers a wide range of other issues, including authority for boards to resume […]
SB 407 Signed! Legislation Broadens Assembly and Speech Rights within HOAs (CA)
New Civil Code 4515 will be added to the Davis-Stirling Act to ensure that homeowners association residents may exercise their rights of peaceful assembly and political speech. HOAs are playing an increasing role in the lives of California’s residents as compared to the roles traditionally played by cities and counties. HOAs are growing in number, […]
How a New Law Affecting Condo Associations Could Mean Brisk Business for Web Designers (FL)
Website developer Todd Paton knows it will likely be months before his new target market seeks him out, or even begins to pay attention to his pitches. Yet, Paton and his colleague Dhiren Chauhan are busy building a platform to service Florida condominium associations. Their target demographic has so far shown little interest in anything […]
New By-Laws Amendment Procedures Mandated by PREDFDA (NJ)
On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While the new law was created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections, it also includes provisions relating to […]
FHA Extends Condo Rules for Reverse Mortgages, Other Loans
The Federal Housing Administration this week extended its current rules regarding condominium lending as it continues to work on permanent updates. In a new mortgagee letter, the FHA implemented an open-ended extension of the existing condominium rules as laid out in previous letters released in 2012 and 2015 — essentially freezing the status quo until […]
Changes to the Common Interest Community Association Act and the Illinois Condominium Property Act
On August 24, 2017, Governor Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium Property Act. The new law will become effective January 1, 2018. Below is a summary of the changes. Read the article…………….
Pool Contractor’s Ability to Work on Pool Electrical Wiring in FL
On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a Certified Pool/Spa Contractor (“CPC”) for replacing existing pool light fixtures. The Final Order adopted and was based upon an Order of the Division of […]
State Community Association Laws – Are they Uniform?
Per the Uniform Law Commission’s web site, the Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Read the article…………..
New laws impact community association financial reporting requirements (FL)
Q: My understanding is there are new laws that impact the annual financial reporting requirements for community associations as well as the right to waive these financial reports. Can you explain the changes? Read the Q&A……………
New Virginia Law Regarding Real Estate For Sale Signs
There seems to be some confusion about this new addition to the resale provisions in the Condominium Act and the Property Owners Association Act. As of July 1, 2017 there is a new Virginia law, passage of which was promoted by the Virginia Association of Realtors, which will impact unit owners and lot owners in […]
2017 Legislative Update for Florida’s Community Association Laws: Part III
On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part III in a blog series detailing these legislative amendments, and focuses on changes to the law concerning conflicts of interest, member voting […]
New Virginia Law Regarding Real Estate For Sale Signs
There seems to be some confusion about this new addition to the resale provisions in the Condominium Act and the Property Owners Association Act. Beginning July 1, 2017 there is a new Virginia law, passage of which was promoted by the Virginia Association of Realtors, that will impact unit owners and lot owners in nearly […]
2017 Legislative Update for Florida’s Community Association Laws: Part II
On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part II (click here for part I) in a three-part blog series detailing these legislative amendments and focuses on changes to the law […]
New legislation affecting condos, co-ops and HOAs (FL)
Last year the Florida Legislature was silent when it came to passing any laws affecting community associations. Not this year. This year four bills were approved and signed by the governor and one was vetoed. SB 398 applies to condos, cooperatives and HOAs and prescribes a “form” for estoppels certificates. We discussed that bill last […]
Mediation and Arbitration Study for HOAs and Condos (NC)
The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision concerning community associations. Read the article…………..
AB 1139 Imposes New Notice Requirements on Deed-Based Transfer Fees (CA)
On July 31, 2017, Governor Brown signed Assembly Bill 1139 (“AB 1139”) into law. AB 1139 amends California Civil Code Section 1098.5 with regard to deed-based transfer fees (“Private Transfer Fees” or “Fees”). Prior to AB 1139 becoming law, any individual or entity who imposed a Fee on real property on or after January 1, […]
Review of Legislation continues – Part 5 (FL)
Today’s column is the final installment of our annual review of legislation affecting Florida community associations. In prior columns, we reviewed Senate Bill 398 dealing with “estoppel certificates,” and House Bill 1237 which only applies to condominiums and contains changes to the statute including board member term limits, the use of debit cards, recalls, mandatory […]
2017 Florida Legislative Guide
From the Community Association Leadership Lobby Read the book…………..
Review of Legislation continues – Part 4 (FL)
Today’s column is the fourth installment of our annual review of legislation affecting community associations. So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end […]
Statute changes impose new conflict of interest rules (FL)
So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end financial reporting, and the imposition of criminal penalties pertaining to certain conduct involving condominium elections […]
AB 690 Signed! New Management Disclosures and Changes to the Escrow Document Disclosure Form (CA)
The Governor has signed AB 690 into law, which modifies several Code sections and adds two new Civil Code sections to the Davis Stirling Common Interest Development Act. Here is what you need to know about the new requirements: New Civil Code Section 5376 provides that the manager, management firm, or third-party contractor must facilitate […]
Governor (NJ) Signs New Legislation Securing Governance Rights of Owners Residing in Common Interest Communities
On July 13, 2017, Governor Christie signed into law bipartisan legislation amending and supplementing the Planned Real Estate Development Full Disclosure Act (PREDFDA). The new law provides, among other things, that all unit owners be members of their community associations and that such members have the ability to fully participate in the election of their […]
Review of new legislation continues (FL)
Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.” Today, we will look at House Bill 1237, which contains some significant changes. HB 1237 only applies to condominium associations.
Tax Reform and Community Associations
U.S. Congress has been talking about Tax Reform for several years and President Trump has now turned his focus to Tax Reform by asking Congress to deliver a plan. This week, CAI submitted comments to the Senate Finance Committee to consider as they discuss Tax Reform. Read the article………….
Sanford’s bill aim: ‘Treat taxpayers the same’ in private community storm cleanup (SC)
If another hurricane strikes South Carolina, Rep. Mark Sanford wants residents in private communities and neighborhoods with homeowners associations to be eligible for help cleaning up debris. The Republican congressman introduced a bill last week — the Disaster Assistance Equity Act — that would allow common interest communities — neighborhoods, condominium complexes, and cooperatives that […]
Review of New Legislation Continues – Part 3 (FL)
Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.” Today, we will look at House Bill 1237, which contains some significant changes. HB 1237 only applies to condominium associations. Read the article……………..
Review of new legislation continues(FL)
Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings. An estoppel certificate that is hand-delivered or sent by electronic means has a 30-day effective period. […]
Hams hope to get higher with new law
Ham radio operators are hoping to reach higher through new national legislation. This week, Sen. Roger Wicker, R-Miss., and Sen. Richard Blumenthal, D-Conn., introduced legislation called the Amateur Radio Parity Act, which would direct the Federal Communications Commission to provide regulatory parity — or uniformity of use — for amateur radio operators. Read the […]
Christie signs Radburn bill to democratize elections, vetoes others
Gov. Chris Christie signed a bill Thursday designed to ensure more open elections in Fair Lawn’s Radburn neighborhood but vetoed other measures related to President Trump’s travel ban and how lawmakers make changes to the state’s criminal justice policies. Read the article…………….
Right To Terminate Developer Contracts Must Be Exercised Within Three Years (MD)
Section 11-133 of the Maryland Condominium Act gives a council of unit owners the right to terminate leases, management contracts, employment contracts, and other contracts entered into by the developer during the period that the developer had control of a majority of the votes in the council. Read the article……………
HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations
Tourism is a major part of the Michigan economy and its significance continues to grow. From 2010 through 2014 tourism employment growth even outpaced overall state employment growth. Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate has increased over the prior year’s occupancy rate for every month, except for two. This […]
Estoppel Bill Approved by Governor and Remaining Community Association Bills Presented to the Governor (FL)
Yesterday, the Governor approved SB 398, Relating to Estoppel Certificates. The effective date of the new law is July 1, 2017. If you would like to hear more about the estoppel bill, please watch the video or read the summary below. Also yesterday, HB 653, Relating to Community Associations, by Rep. Moraitis, and HB 1237, […]
New Hampshire Amends Condominium Act
The NH legislature’s tweaks and additions to the NH Condominium statute have continued in 2017 with the passage of House Bills 501 and 502. Both bills go into effect on August 15, 2017. What follows is a brief summary of the new legislation. Scroll to third article……………
Review of New Legislature Continues (FL)
Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings. An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective […]
AB 534 Signed: Associations to Provide Notice to Members of Lien Claims (CA)
Vendor professionals frequently provide a variety of services on behalf of community associations and individual homeowners. Under California’s Constitution, unpaid vendors possess a legal right to lien the property upon which they work for the value of their rendered services or furnished material. Read the article……………..
Community Association 2017 Legislative Guide: Part II (FL)
Since we published Community Association 2017 Legislative Guide: Part I, several bills affecting community associations were signed into law, including Senate Bill 398 (estoppel bill) and House Bill 1237 (condominium crime bill). Citing London’s Grenfell Tower fire, Governor Scott vetoed House Bill 653, which among other things, made it easier for high rise condominiums to […]
A Month into Hurricane Season U.S House of Representatives Passes Bipartisan Disaster Assistance Bill
Unless a major natural disaster has hit your community, you may be unaware that under current law homeowners in community associations are not eligible for FEMA assistance to repair common areas in their buildings. Further, associations are routinely denied disaster assistance for activities like debris removal after storms. This is particularly frustrating for association homeowners […]
ELSS Bill Vetoed, Condominium Bill Approved, & Final Report on Community Association Bills for 2017 Session (FL)
Governor Rick Scott has now taken action on all of the community association bills that passed during the 2017 legislative session. Read the article……………
The Future of Fair Housing in Community Associations (CA)
The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working on Housing Regulations on various types of discrimination, harassment, retaliation and disabilities, including assistance animals. […]
Minnesota Legislature Revises Minnesota Common Interest Ownership Act
In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk and difficulty obtaining insurance and financing for condominium developments at a reasonable cost. Read the article…………….
Changes to Financial Reporting Requirements for Associations (FL)
On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations. Read the article………….