Arizona’s planned communities are facing a significant shift in governance with the enactment of House Bill 2298. Effective from October 30, 2023, HB 2298 alters the control that community associations have over public roadways within their jurisdictions. This article aims to provide an overview of the bill and outline actionable steps for compliance, helping to […]
Little Known Provisions in CCIOA and the Nonprofit Act (CO)
The Colorado Common Interest Ownership Act (“CCIOA”) and the Colorado Revised Nonprofit Corporations Act (“Nonprofit”) are the two primary statutes governing common interest communities in Colorado. These statutes are long, complex, and contain provisions many people are not familiar with, and, frankly, may not care about. Read the article……………………………….
The Effect of Section 720.3045, Florida Statute on Homeowner Association
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]
Navigating the CTA: A Guide for Condos and HOAs to comply with the Corporate Transparency Act (MI)
The Corporate Transparency Act is a federal law that was enacted in 2021 to stop individuals in foreign countries from illegally moving money into the United States. The Corporate Transparency Act creates new reporting requirements for certain types of corporate entities in the United States. The Federal Crimes Enforcement Network (“FinCEN”), is the federal agency […]
A Guide to Georgia Property Owners’ Association Act (POAA)
The Georgia Property Owners’ Association Act (POAA) is a Georgia statute that provides for rights and authority that a homeowners’ association (HOA) can elect to be governed by in addition to its community-specific governing documents. The POAA was enacted to provide HOAs with powers and procedures, similar to the Georgia Condominium Act that governs condominium […]
What Board Members Should Know About the Corporate Transparency Act
Being a member of a condominium or homeowners’ association board of directors has its challenges. One of those challenges is keeping up with new information related to community associations and board responsibilities on the state and federal level. This blog covers new federal reporting requirements for both condominium and homeowners’ association board members. Read the […]
New CA law allows homeowners to sell their ADU similar to a condominium
A new California law opens the door for homeowners to sell an ADU in their backyard. Supporters said this will create more affordable housing, but not everyone is convinced it will work in San Diego Read the article……………………………..
2023 Arizona Legislation
HB2251 – which amends A.R.S. Section 33-1253 of the Condominium Act (it does not apply to Planned Communities) was signed by the Governor on 06/19/2023. This new law will impact insurance coverage and insurance claims in Arizona Condominiums, HB2298 – which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) […]
HB23-1105 (CO)
Pursuant to House Bill 23-1105, signed into law on May 24, 2023, an HOA Task Force is to be appointed by August 1, 2023, to examine issues regarding homeowners’ rights and to perform other duties as noted in the new law. Each homeowner association in Colorado is required to notify owners about this task force. […]
Ohio bill allowing ‘unapproved’ flags in HOA, condo communities called unconstitutional
A dispute over an Israeli flag hanging outside of a New Albany condo is revealing government attempts to block homeowner associations in Ohio from banning certain flags. While legal experts say the First Amendment does not apply to an HOA or COA prohibiting some flags from flying, violations do occur when state lawmakers try to […]
Banning Short-Term Rentals: A Guide to Local Law 18 (NY)
Short-term rental platforms, such as Airbnb and VRBO, are a thorn in the side of many co-op and condo buildings in New York City. With the recent passage of Local Law 18, often referred to as the short-term rental registration law, boards are getting some welcome relief. The law primarily targets three key entities: the […]
2024 Legislative Update (CA)
Assembly Bill 572 is concerning as it directly impacts an association’s ability to increase regular assessments. Fortunately, this statute only affects associations whose original declarations are recorded on or after January 1, 2025. Read the article………………………………
2023 Legislative Report and 2024 Legislative Forecast for Community Association Manager Licensing
Occupational or professional licensing, also called licensure, is a form of government regulation requiring a license to pursue a particular profession for compensation. Government regulation of professions is typically at the state level. Read the article……………………………….
Florida Legislative Update: Key Laws Affecting HOAs, Condos and Cooperatives
With Florida legislation shifting frequently, condo and HOA boards should be aware of the various new laws adopted by the State of Florida that are likely to impact how their communities function or otherwise operate. The following is a short summary of several of the recently adopted bills that focus on governance in associations: Read […]
New law protects Thin Blue Line flags after Union County HOA prevented former officer from flying it (NC)
Union County residents now have the right to fly first responder and military flags after a homeowners association asked residents to remove all flags that didn’t represent an official county. Read the article…………………………………….
New Arizona law gets rid of certain parking rules in HOA communities
A new bill recently passed by the state Legislature requires ungated communities with a homeowners association to decide whether to keep their existing parking restrictions. The new bill only applies to parking rules that were established before January 2015. Read the article…………………………………
Update on HB23-1105 Homeowners’ Rights Task Force (CO)
The first meeting of the Homeowners’ Rights Task Force occurred on October 24, 2023. At this initial meeting of the task force, brief discussion occurred about such topics as HOA manager licensing, options for resolving association disputes with homeowners that would be outside of the traditional lawsuit actions, the HOA budgeting process and potential reform […]
Homeowner group doesn’t like what it sees coming out of Tallahassee or Washington DC (FL)
Eliott Rodriguez spoke with members of the Kendall Federation of Homeowner Associations about the pressing issues they felt weren’t being addressed. Watch the news report…………………………….
Michigan Bill Could Stop HOAs from Blocking Home Chargers
Homeowners associations could be prohibited from blocking energy efficiency upgrades – from rooftop solar panels and home EV charging to rain barrels – under a new proposed bill in the Michigan House. Read the article………………………………
Michigan Condominium Act Amendments: Enhancing Financial Transparency and Security for Condo Associations
In an effort to strengthen the financial stability of condominium associations in Michigan, the state legislature has introduced a bill to amend the Condominium Act of 1978. This amendment, specifically targeting section 105 (MCL 559.205), aims to enhance the financial accountability and security of condo associations across the state. Read the article……………………………
Update from Austin: 88th Texas Legislature Special Session 3
The third special session for the 88th Texas Legislature called by Governor Greg Abbott began on October 9th. The Governor set out the issues that can be brought forth for this session in a proclamation. Those issues include: education freedom, border security, public safety and property ownership. The bill property owners associations are watching is […]
New Florida Law Prohibits HOAs From Regulating Some Backyard Storage, Installations or Displays
A new Florida law that was enacted earlier this year and is now in effect addresses the storage, installation or display of certain items in the backyards of homes located within HOA communities. Read the article……………………………
The Tennessee Short-Term Rental Unit Act
The Tennessee Short-Term Rental Unit Act plays a pivotal role in regulating short-term rentals. This legislation defines how local governments can regulate short-term rentals in their municipalities and guides grandfathering existing rentals. What this Act does not affect, though, are homeowners associations and condominiums. Read the article……………………………….
New bill would require community donations from Florida homeowners’ associations
A new bill filed in the Florida Legislature could change how homeowners associations operate and require them to donate money to their surrounding communities. House Bill 173 is sponsored by state Rep. Kimberly Daniels, D-Jacksonville, and is aimed at nonprofit organizations that operate residential homeowners’ associations. The bill would amend Florida law stipulating specific requirements […]
Florida’s new Homeowners Association laws explained, How to find your HOA’s rules and regulations
Floridians who live in subdivisions condo buildings and other communities with homeowner associations (HOAs) now have laws protecting their right to know what their dues are getting them. Read the article………………………………..
Is Your Community Association Prepared for the Corporate Transparency Act? (MI)
Congress passed the Corporate Transparency Act (CTA) in January 2021 to provide law enforcement agencies with further tools to combat financial crime and fraud. The CTA requires certain legal entities (each, a “reporting company”) to report, if no exemption is available, specific information about themselves, certain of their individual owners and managers (“beneficial owners”), and […]
Short-Term Rentals in Co-ops and Condos Plunge as New Law Kicks In (NY)
Many co-op and condo advocates applauded when the city adopted Local Law 18 last year — a tool for ending illegal short-term apartment rentals. And since the law finally went into effect last month, the reason for the applause has become clear. Read the article…………………………….
Arizona laws affecting HOA’s going into effect
HOA parking controls Ungated communities with a homeowner’s association have until June 30, 2025, to decide whether to keep their existing parking restrictions. If the HOA opts to ditch the restrictions, parking oversight falls to the city in which the community is located. The bill, sponsored by Rep. Neal Carter, R-San Tan Valley, applies only […]
The Impact Of The Corporate Transparency Act On Condominium Associations, Homeowners Associations, And Management Companies
In a world where transparency and accountability have become paramount in both public and private sectors, the U.S. government has taken significant steps to address financial secrecy and prevent illicit activities through the implementation of the Corporate Transparency Act (CTA). The CTA, signed into law in January 2021, is primarily aimed at increasing transparency in […]
New Proposed Michigan Bill Will Require Condominiums Conduct Reserve Studies
HB 5019 is a new bill pending in the Michigan House that will require condominium associations in the state to conduct periodic reserve studies to help plan for future repairs and replacements. The Community Associations Institute’s Michigan Legal Action Committee fully supports this bill and is undertaking efforts to gain legislative support. Read the article………………………………
In a Big Boost for Co-ops and Condos, State Revives J-51 Program (NY)
Gov. Kathy Hochul has signed legislation that will authorize the city to replace the J-51 program, which expired in June 2022, with the Affordable Housing Rehabilitation Program. The new program, Crain’s reports, will mirror J-51 by providing co-op and condo boards and landlords with property tax exemptions in exchange for renovating multifamily buildings. Read the […]
Recreational Marijuana Use in Ohio Community Associations: A Cause for Concern?
On November 7, Ohio voters will decide whether Ohio laws will permit the use of marijuana for recreational adult use. This includes not only the consumption of recreational marijuana, but also the ability to grow a certain number of marijuana plants at one’s home. As the voting date approaches, a number of board members and […]
As Storm Damages Mount, States Try to Make It Harder to Sue Insurers
Samari Lakes East, a nondescript condo complex near Miami, was battered by Hurricane Irma in 2017. The storm tore up the roof, causing water damage across Samari’s 635 units, home to retirees and blue-collar workers. The complex’s insurer, Heritage Property & Casualty Insurance, said the damage was only $22,107. In April, after a lengthy court […]
NC Short-Term Rentals Regulation: A Breakdown Of The Changes
A bill introduced in early 2023 may change the current NC short term rental regulation for local governments. If passed, the bill would effectively reverse some of the existing restrictions on short term rentals in a handful of cities. While the bill’s effect on homeowners associations remains to be seen, HOA leaders should nevertheless familiarize […]
HB 5028: Solar Energy Bill And Michigan’s Community Associations
The Homeowners’ Energy Policy Act was recently introduced in the Michigan State Legislature as HB 5028. This bill would force community associations to accept installation of energy-saving devices like clothes lines, heat pumps, insulation, rain barrels, reflective roofing, efficient appliances and windows, electric vehicle charging equipment, etc. Read the article……………………………….
What Trustees Need to Know About the Corporate Transparency Act – Sooner Rather Than Later
January 1, 2024 is quickly approaching and it will be a milestone for small businesses and their owners. Why? Because it is the effective date of the Corporate Transparency Act (the “Act”) – historic legislation that requires certain companies to report information about the company and the company’s owners with the U.S. Financial Crimes Enforcement […]
Red Flags in Green Legislation: SB 558 and HB 5028 may ban Michigan HOA’s from regulating Solar Panels and other Energy Saving Improvements
The Michigan legislature has recently introduced two bills that would limit the ability of condominium and homeowners associations to exercise architectural control authority within their communities related to energy-saving improvements. SB 558 was introduced on October 4, 2023, and it may prohibit certain Michigan community associations from banning solar panels, except in cases where the […]
Condo Wars: After HOA corruption arrests, Florida’s community management industry works to weaken reform bills
……But a few weeks after the news conference, after the Florida House and Senate finished revising the community association legislation, Villalobos and other Hammocks homeowners were furious — and lobbyists for HOAs and condo managers were expressing satisfaction with the outcome. Read the article……………………………………….
Florida Statute 2023-203: A Comprehensive Look at Building Safety Regulations and Florida Milestone Inspections
It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can move the needle toward addressing public safety issues. This paper explores the events leading up to Florida statute 2023-203, the steps that impacted owners/developers/managers can take to ensure compliance, and how experts […]
Palm Beach webpage explains new condo-inspection law after Miami collapse (FL)
In an effort to inform residents about new state legislation that requires aging condominium buildings to be inspected by licensed engineers and architects, the town has published a new webpage with details of the law. Read the article………………………………..
County bill aims to alleviate HOA burden (TN)
The Coffee County government is currently seeking to reintroduce to the state for approval, a resolution that will limit it’s liability in homeowner association fees on unused property in the county. Read the article………………………………….
“Xeriscape Bill” [SB 23-178] (CO)
Have you heard of the recent “Xeriscape Bill” [SB 23-178] that was signed into law at the end of May? This new bill overrides pre-existing HOA guidelines that restricted residents from installing xeriscape, artificial turf, and vegetable gardens in their yards. The intent of the bill is to promote water-wise landscapes. Read the article………………………………..
HOAs Cannot Prohibit Installation of Solar but can Enforce Reasonable Restrictions (CO)
For the past several years, the homeowner association (HOA) space has seen and continues to see many changes in regulation, including legislation around renewable energy options. Various states have taken a more proactive stance on the installation of solar panels, explicitly targeting HOAs that enforce restrictions on these devices. Read the article……………………………….
Lender Questionnaires and Management Contracts (VA)
In an effort to keep you up to date on changes in the law and regulations, in this edition we want to update you on lender questionnaires for condominium communities and a new law regarding the termination of association management contracts. Read the article………………………………..
A new law allows homeowner to sell ADUs like condos, boosting homeownership. Here’s how AB 1033 works (CA)
Accessory dwelling units, also referred to as ADUs and “granny flats,” have been available in California only as rentals. But a new law, Assembly Bill 1033, is giving Californians the opportunity to buy and sell them as condominiums. Read the article…………………………..
Balcony inspections: California community associations must prepare for new requirements
The state’s “balcony bill,” SB 721, was approved by Gov. Jerry Brown in 2018. The bill requires an inspection of “exterior elevated elements” within all multifamily residential buildings containing three or more dwelling units no later than Jan. 1, 2025. It was formulated in response to a tragic balcony collapse in Berkeley, Calif., in 2015, […]
2023 Legislative Review Part 1 (FL)
This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. Read the article……………………………..
HOAs could not block rooftop solar, home EV charging – even clothes lines – under new bill (MI)
Homeowners associations could be prohibited from blocking a litany of energy efficiency upgrades – from rooftop solar panels and home EV charging to clotheslines and rain barrels – under a new proposed bill in the Michigan House. Read the article…………………………
AB 648 Signed! Virtual HOA Meetings (CA)
On September 22, 2023, Governor Newsom signed AB 648 into law to finally permit homeowners associations (“HOAs”) throughout California to conduct board meetings entirely be teleconference (aka “virtual meetings“). While existing law permits an HOA to conduct teleconference meetings, HOAs are still required to specify a “physical location” for the meeting at which members or […]
Bill Seeks to Put Off Local Law 97 Enforcement by a Decade (NY)
A new bill introduced to the city council by two Queens Democrats would push back enforcement of Local Law 97 by a decade, part of an effort to protect middle-class co-ops and condos in the outer boroughs. Read the article………………………………