A bill that was recently brought before the U.S. House of Representatives is seeking to limit the amount of control community associations have over amateur radio operators. However, a compromise was reached between a prominent lobbying group and a membership organization representing community associations that has amended the proposed bill granting both the operators and […]
HAM Radio Towers and Antennas in Your HOA Community
On July 13, 2016, the U.S. House Committee on Energy and Commerce gave its stamp of approval to a compromise version of H.R. 1301, the Amateur Radio Parity Act. Community Associations Institute opposed H.R. 1301 as introduced, which preempted association restrictions on HAM radio and drastically limited association architectural control of amateur radio antennas. With […]
Fair Fees (NM)
Who would have thought fees would be such a hot topic? There was a little more than an hour of public debate and numerous public comments regarding putting a cap on the fees homeowner associations can charge for documents needed when homes or condominiums are sold. Apparently, prior to this bill, association fees for these […]
Illinois Snow Removal Service Liability Limitation Act: Bad News for Associations!
The Snow Removal Service Liability Limitation Act became effective August 25, 2016, and eliminates common contractual remedies of associations. In a “nutshell,” certain indemnity agreements in snow and removal contracts are now against public policy and void. Any snow and ice removal contract entered into after August 25, 2016 can no longer require a service […]
New Fair Housing Act Regulations Become Effective October 14, 2016
Last week, the U.S. Department of Housing and Urban Development (HUD) released final regulations related to quid pro quo and hostile environment housing claims under the Fair Housing Act. Some of the new regulations which go into effect on October 14, 2016 may impact your association. Below is a summary of those key provisions but […]
New FHA Rules to Create New Association Duties
On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of residents who harass or create a hostile environment for other residents. As our regular blog […]
Ham Radio Antennas – Associations Have to Allow Them, But Have Some Control
During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which seeks to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed HR 1301 was detrimental to an association’s control over aesthetics, placement and prior approval with respect to Ham Radio antennas. In response to the […]
Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act
This final rule amends HUD’s fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. The rule specifies how HUD will evaluate complaints of quid pro quo (“this for that”) harassment and hostile environment harassment […]
Legislative Update Summary of Laws Effective January 1, 2017 (IL)
This summary highlights legislative updates in the Illinois Condominium Property Act, the Common Interest Community Association Act, the Condominium and Common Interest Community Ombudsperson Act, and other statutes. Read the article…………..
The Condominium Fire Sprinkler Retrofit – A Continuing Saga (FL)
Each week, I receive a multitude of calls and e-mails from condominium association clients, and non-clients alike, regarding the condominium fire sprinkler retrofit requirements. The confusion arises because of a 2010 amendment to section 718.112 of the Florida Statutes which, prior to 2010, provided an opportunity to condominium associations whose condominium building was greater than […]
What Property Managers Need to Know About the Changes to the AIC Elevator Program
The City of Chicago will be instituting new rules governing the Annual Inspection Certification (AIC) Program, effective August 17, 2016. Here is what property managers should know. The AIC Program requires property owners/property managers to document the compliance of elevators, escalators, and other conveyance devices within their buildings to comply with the Chicago Municipal Code […]
New Condominium Act Changes (NH)
The New Hampshire Legislature has recently passed sweeping changes to the New Hampshire Condominium Act. The changes were signed into law by the Governor and became effective as of 8/1/16. While the changes affect only a few sections of the statute they will require changes in the way the business of your condominium association is […]
Older high-rise condos, co-ops must vote to opt out or install fire sprinklers (FL)
One major fallout of the quiet session was the lack of any new bill extending the ability of associations to take a membership opt-out vote to avoid having to install expensive fire sprinklers in high-rise residences. In the past, every few years the Legislature amended the applicable statute which extended the opt-out vote since 2002. […]
City of Chicago Passes Ordinance Requiring Associations to Implement Source-Separated Recycling Programs
Recently, the Chicago City Council passed the Chicago Recycling Ordinance. Effective January 1, 2017, the ordinance requires commercial and multi-unit residential buildings – including apartment buildings, condominium associations, and cooperatives – to provide a system for source-separated, single stream recycling for residents. Read the article………….
Gov. Rauner (IL) Signs Bill Which Mitigates The Effects of Palm Relative To Meetings & Notice Requirements
SB 2354 (Sen. Haine), became Public Act 99-0567 on July 15, 2016 when Governor Rauner signed the Bill into law. The legislation, which is effective January 1, 2017, amends both the Common Interest Community Association Act and the Condominium Property Act. Read the article…………..
Chicago Adopts Home Sharing Ordinance
After heated debate for months in the City Council, Chicago finally adopted its short-term and shared housing rental ordinance on June 22, 2016. The final version of the ordinance affords condominium and homeowners associations protections against the growing number of short-term vacation rentals, through platforms such as AirBnB and HomeStay, that have association Boards concerned […]
Reverse Mortgage Industry Voices Concerns Over FHA’s HECM Proposals
Other commenters raised concerns over FHA’s proposals related to its rules on HECM eligibility for community association, such as condominium homeowner associations and housing cooperatives. Read the article………….
CA: SB 269: State Changes ADA Issues, but National Still at Issue
In 2012, the California legislature was incensed by unprovoked attacks on small commercial operations by drive-by “disability activists” who, after eye-balling the complex for ADA violations would sue, and then settle for attorney fees and a few dollars more. In response, the legislature enacted a defense for such businesses, Civil Code 55.3, 55.53. Read […]
HOA Homefront: Checklist for dealing with the Open Meeting Act (CA)
The Open Meeting Act is a law within a law, found within the Davis-Stirling Common Interest Development Act at Civil Code Sections 4900-4955. A common misconception is that common interest developments are subject to the Brown Act, but it only applies to the “legislative body,” meaning public or publicly controlled entities. Read the article………..
Summary of the New Condominium and Common Interest Community Ombudsperson Act (IL)
On July 1, 2016, the Condominium and Common Interest Community Ombudsperson Act will go into effect. The Act establishes the Office of the Condominium and Common Interest Community Ombudsperson. This regulatory Office is designed to educate and assist condominium and common interest community owners and managers about the Condominium Property Act and the Common Interest […]
New Alabama law sets out rules for homeowners associations
A law regarding these groups, known as the Homeowners Association Act, took effect Jan 1. Under the law, homeowners associations must register as nonprofit groups with the Alabama Secretary of State’s office or their local probate judge. Associations must also provide or direct potential buyers to public records containing information such as the homeowners’ association […]
Ham Radio Antennae—Do Associations Have to Allow Them?
During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill that seeks to prohibit associations from banning Ham Radio antennae in their communities. This bill has been vehemently opposed by CAI for various reasons, and recently the parties reached a compromise with respect to the language contained in the bill. […]
Legislative Roundup: Impacting Condos, Co-ops, and HOAs
The legislative season is upon us, and in many states, bills specifically dealing with condos, co-ops and HOAs are wending their way through the legislative process. Even when bills aren’t aimed directly at those forms of home ownership, many general housing-related bills impact the condo/co-op/HOA community. Some issues impact communities on a nationwide scale; some […]
Taking Action Without a Meeting (UT)
While SB 99 from the 2015 legislative session required Board meetings to be open to all Association members, the Utah legislature, effective May 10, 2016, has provided 2 ways by which a Board can take action without a meeting.
Medical marijuana exempt from “no smoking” law?
The new bill, sponsored by the California Apartment Association, would make it clear: medical marijuana smoking can be banned wherever smoking is prohibited. That includes within 1000 feet of schools and recreation centers (unless it’s in a residence), on school buses, and while operating a vehicle or boat. Read the article……………
ARRL Reaches Agreement with Community Associations Institute on Parity Act
After 2-1/2 months of intense negotiations, ARRL has reached an agreement with the Community Associations Institute (CAI) — the national association of homeowners associations — concerning amended language of the Amateur Radio Parity Act. This will allow H.R. 1301 to proceed to what is hoped will be passage of the bill in both houses of […]
What You Should Know About the “Home Act”
The HOME Act, or Helping Our Middle-Income Earners Act, was introduced by Representatives Eshoo and Thompson to the House of Representatives on March 3, 2016. It is designed to amend the Internal Revenue Code of 1986 to allow for a deduction for HOA assessments. If you live in an HOA or similar community, you should […]
Tennessee Amends Condominium Lien Law to Clarify Lack of Superpriority Right
On April 19, 2016, Tennessee Governor Bill Haslam signed HB 2401, amending Tennessee’s condominium statue to make it clear that condominium associations cannot acquire a “superpriority” lien that trumps a first security interest on the same property. As a result of the amendment, it is now clear that under Tennessee law a condominium only has […]
Community Association Rental Policies: New Law Provides Leniency for Servicemember Rental Applications (FL)
Community associations which have rental restrictions and policies that require association approval of prospective tenants should be cognizant of a new law that will go into effect this summer. Many association policies in this regard afford the association a fairly lengthy period of time, sometimes up to thirty days, to complete review and processing of […]
Stormwater Rules Get Another Facelift
On February 15, 2016, the North Carolina Environmental Management Commission (“EMC”) published proposed changes to various stormwater rules. The public hearing process is currently underway, and the public has through April 18, 2016, to comment on the proposed rules. After hearing and comments, the stormwater rules are slated to become effective on September 1, 2016. […]
Revisiting construction-defect law, a year later (NV)
Primarily, AB 125 narrows the definition of “constructional defect” to any defect that causes physical damage to the property or presents an “unreasonable risk of injury to a person or property,” eliminates the mandatory award of attorneys’ fees as a component of statutory damages, sets the statute of repose for construction-defect claims at six years, […]
HOA Transfer Fees: Access to Information Available Now (CO)
HOA transfer fees are getting some attention in the news again this week. In particular, news coverage has focused on demands that HOA property management companies provide invoices for the transfer fees charged to buyers or sellers of properties within HOAs. There is good news for buyers and sellers in HOAs: access to transfer fee […]
Changes in Nevada HOA Legislation
If you own a home with a mortgage, you already know one type of lien: your mortgage. However, there are other types of liens that can be placed on homes, such as HOA assessment liens. Nevada recently changed its laws regarding HOA assessment liens, and it’s made a huge difference. Read the article…………
FHA Condo Approval Changes
FHA loans are government-insured housing loans that make it easier for people with low credit, low income or a high debt-to-income ratio to get a home loan. The Housing Opportunity through Modernization Act of 2015 is an act that suggests making changes to these FHA rules in regards to condos. Check out these three important […]
Disclosure Packets and Resale Certificates: Statutory Updates (VA)
Since our last postings on the subject of disclosure packets, the General Assembly has adopted several minor Code changes to clarify existing provisions: Read the article……..
Drones, New Legislation, and Associations
In 2015, the California Legislature enacted two bills, Senate Bill 142 and Senate Bill 856, which take the first steps toward addressing the potential for drones to trespass and invade individuals’ privacy. Read the article…………
2016 Arizona Legislative Update: February 22, 2016
The Arizona Legislature has been in session for 40 days and 1,200 bill have been introduced. However, there have been no community association bills passed by both the House and the Senate and signed by the Governor yet. Read the article…………
Hung Out to Dry (CA)
Section 4750.10 has been added to the Civil Code in order to allow residents to use clotheslines and drying racks, under certain conditions, without fear of disciplinary action by a homeowners association. The new law defines “clothesline” to include “a cord, rope, or wire from which laundered items may be hung to dry or air.” […]
Legal Update: Recent Statutory Changes Impacting Service Animals in Michigan
On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals and criminalizing certain […]
Electronic Voting: Changes Made To Proposed Rules By The DBPR
In previous a blog, we discussed electronic voting and how it provides community associations with the opportunity to work in the digital space. Doing so makes the election process easier, less cumbersome, and easier to detect flaws. Since our last blog addressing electronic voting rules and guidelines proposed by the Department of Business and Professional […]
Easier-To-Understand Mortgage Disclosures Benefit Consumers and Community Associations
It is often difficult to decipher all of the information and terms on a mortgage loan disclosure. Yet with a signature, they bind us far into our futures. On October 3, 2015, those disclosure requirements changed for the better. They have been simplified so that mortgage terms will be easier to understand for consumers. Likewise, […]
Ontario revised Condo Act posted
Ontario has published the revised Condo Act (Bill 106). It can be viewed here
Mandatory Training for Community Association Board Members (MD)
Following the release of a report evaluating the Montgomery County Commission on Common Ownership Communities, the Montgomery County Council in Maryland enacted legislation that requires training and certification for board members of common ownership communities. Read the article…………
New Year, New Legislation Relating to Community Associations (FL)
With the new legislative session beginning January 12th, 2016, we begin the New Year introducing new proposed legislation relating to community associations and note their possible effects on community associations. Representative John Cortes filed three separate bills in late November that aim to redefine the roles of several association departments, boards, and regulations. Read the […]
The State of Cooperative and Condominium Law in 2015 (NY)
The greatest changes in cooperative and condominium law this past year did not come from the Legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting co-ops and condominiums.
New laws on managing and living in strata (Australia-NSW)
The NSW parliament’s approval of major strata reforms will, among other things, impact how strata schemes are managed. Owners and tenants will be affected by these reforms, which include new rules around voting, proxy farming and representation at meetings, as well as new model by-laws on pet keeping and smoking, and extended powers for tribunals […]
New Laws for Associations Effective July 1, 2015 (FL)
The Florida statutes for Homeowner Associations were updated on July 1, 2015 been New Laws for Associations recently updated and are now officially in effect. These updates may change the way you and your association do things, so it’s important to understand what changes have been made and how your community will be affected. Here […]
Florida Associations Must Embrace New Laws – Part 1
It has been a month since HB 791 went into effect. How has your Association adapted to the change? This law did a wonderful job of bringing Associations into the present by allowing electronic voting. It also clearly defined the applications of payments and distributing fines and penalties, as well as official records and membership […]
FL Community Associations: Amendments to Chapters 718 & 720, Florida Statutes
On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida. Chapter 720, Florida Statutes was officially renamed the “Homeowners’ Association Act,” and among the more significant changes, the procedure for fining unit owners for violations of […]
Condos: 2015 (Texas) Legislative Update
The 84th Texas Legislature made multiple changes to the laws affecting property owners associations. The majority of the changes impact single family HOAs, but one important change was made to Chapter 82 of the Texas Property Code, or the Texas Uniform Condominium Act (“TUCA”). Section 82.119 takes effect on September 1, 2015, and represents a […]