In addition to imposing cybersecurity insurance and data protection requirements for homeowners associations’ online assessment payment processors, SB378, which was adopted this legislative session and then went into law, helps HOA protect homeowners’ private information and streamlines the email notification process. Read the article…………………………….
Florida law known as the “Homeowners’ Association Bill of Rights” takes effect
The Florida law known as the “Homeowners’ Association Bill of Rights” took effect on October 1st. “We had one of the most ambitious projects in regard to attaining more accountability and transparency for the HOA and the residents who live in these communities,” said state Rep. Juan Carlos Porras who sponsored of HB 919. Read […]
Noteworthy Changes Under New “Homeowners’ Association Bill of Rights” Law (FL)
Florida’s new “Homeowners’ Association Bill of Rights” (HB 919) law presents important changes for HOA communities and their boards of directors. The law, which only applies to HOAs and goes into effect on Sunday, Oct. 1, focuses on transparency and accountability, with provisions addressing kickbacks, conflicts of interest and fraudulent voting activities. Read the article…………………………….
Florida’s Homeowners’ Association Act: Recent Changes Effective October 1, 2023
In Florida, homeowners’ associations (“HOA”) are governed by Florida Statute Chapter 720. That chapter is known as the “Homeowner’s Association Act” (the “Act”). The Act governs issues ranging from member assessments to arbitration to conducting meetings. The Act is constantly evolving, and HOA board members, HOA property owners, and HOA property managers should review the […]
New law helps protect homeowners’ private information (NV)
In addition to imposing cybersecurity insurance and data protection requirements for homeowners associations’ online assessment payment processors, SB378, which was adopted this legislative session and then went into law, helps HOA protect homeowners’ private information and streamlines the email notification process. Read the article……………………………..
SB 154 New Reserve Requirements and Exceptions For Condominium Associations (FL)
The new law, SB 154, passed in 2023, the following language was enacted, “In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g) for which the association is responsible pursuant to the declaration of condominium, and the […]
Ask Amy: New HOA laws in Texas
Neighborhood homeowner’s associations are meant to keep a community looking good and running right. But people often complain they overstep or some say their HOAs don’t do anything at all. Some of that may change. There are several new laws in Texas that impact the way HOAs are run. Read the article………………………..
New Illinois Law Sparks a Change to Condo Owners and Tenants: Impact of Electric Vehicle Charging on Community Associations
Illinois Governor Pritzker signed the Electric Vehicle Charging Act into law on June 9th, 2023. The legislation is applicable to both new and pre-existing residential properties, including houses, apartments, and condominiums. The law goes into effect on January 1, 2024. Read the article………………………..
What to Know About the New Corporate Transparency Act (IL)
As we enter the autumn season and approach 2024, condominium associations across the United States are readying themselves for significant change in legislation that is likely to enhance corporate transparency and combat illegal activities, such as money laundering and various other illicit activities. This comprehensive law, the Corporate Transparency Act, or the “CTA” Read the […]
Does your HOA require grass? A new bill — and trend toward xeric gardens — is coming to Idaho
It’s been an ugly year for Reggie Mace. That’s how he describes the state of the landscaping at his Garden City homeowners association. But Mace, who is the HOA president of Townhouses at Plantation near the River Club, said he’s looking toward the future when the drought-tolerant grasses and native plants that were planted this […]
New law improves online protections for homeowners (NV)
This is the first of two columns by Las Vegas attorney Adam H. Clarkson. Today, he addresses Senate Bill 378, which imposes cybersecurity insurance and data protection requirements for homeowners associations’ online assessment payment processors. Next week, he will address what the new law says about email notices. Read the article………………………..
Older condos subject to stricter regulations in unincorporated Bay County (FL)
Condos in unincorporated Bay County now have stricter standards. County commissioners approved a mandatory structural inspection ordinance at Tuesday’s meeting. It’s similar to an ordinance in South Florida that was passed after the Surfside Condo collapse killed 98 people. Condos more than three stories tall and at least 25 years old will be visually inspected. […]
2023 Maryland Legislative Update
The 2023 legislative session has produced several changes to the Maryland laws applicable to community associations. This article provides a brief summary of these community association related bills recently passed by the Maryland General Assembly. Please note: All new laws set forth below will take effect on October 1, 2023. Read the article………………………..
Backyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association? (FL)
While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard […]
Bill to Protect Low Income Homeowners from Skyrocketing HOA Fees Heads to the Governor’s Desk (CA)
Assemblymember Matt Haney’s (D-San Francisco) AB 572 passed out of the Senate Floor and heads to Governor’s desk awaiting signature. This bill prohibits steep homeowner associations (HOA) fee increases that push low income homeowners into foreclosure by capping them at 5% plus the rate of inflation or 10%, whichever is less for below market rate […]
New Rules Define “Good Faith” Efforts to Comply With Local Law 97 (NY)
The other shoe has finally dropped. After issuing a first round of rules late last year on how co-op and condo boards can comply with Local Law 97, the city has now released a second round of proposed rules. The new rules will be welcome news to boards that are worried about the high cost […]
Tenant Background Check and the Civil Rights Department Act (CA)
California’s Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH) has the responsibility of enforcing state fair housing laws, such as California’s Fair Employment and Housing Act, which makes it illegal for housing providers[1] to discriminate against tenants with a protected characteristic. Many boards of directors want to gain […]
Corporate Transparency Act Reporting Requirements: What Do Illinois Community Associations Need to Know?
In 2021, Congress enacted the Corporate Transparency Act (“CTA”) in an effort to protect the U.S. financial system from illicit use. Generally speaking, the CTA requires business entities operating in the U.S. to report certain information regarding their beneficial owner(s). The CTA is slated to take effect on January 1, 2024, and imposes certain reporting […]
What You Need to Know About Florida New (2023) Senate Bill 154: Structural Integrity Reserves (SIRS) Studies
Florida Senate Bill 154 has been signed into law and brings significant changes to Structural Integrity Reserves (SIRS) studies, a crucial element in ensuring the safety and long-term maintenance of condominium buildings across the state. These updates address various aspects, from who can perform the inspections to what needs to be included in the reserve […]
Navigating the topsy turvy process for major condo association restoration projects (FL)
On June 9, 2023, Gov. Ron DeSantis signed into law Senate Bill 154 (SB 154), which seeks to address select issues from the Florida Condominium Act, SB 4D. All of these measures are intended to mitigate and prevent potentially devastating incidents, including building collapses. Condominium safety laws center around inspection requirements, mandatory reserves and more […]
New law will allow HOA electronic voting for elections, recalls (NV)
Assembly Bill 309 allows HOAs to utilize electronic voting for elections and recalls. It also allows HOAs to use autopay and opens the door to development of new management transition requirements. Read the article………………………..
HOA Homefront — Appellate ruling OKs board email discussions (CA)
There is a transparency law within the Davis-Stirling Act called the “Open Meeting Act,” containing requirements regarding governance transparency. For years, many HOA lawyers have discouraged their clients’ boards from deliberating in email regarding HOA issues, because it seemed to violate the Open Meeting Act. Read the article………………………..
Citywide Crackdown on Illegal Short-Term Rentals Begins Today (NY)
In a move loudly applauded by co-op and condo boards, the city today begins its long-awaited crackdown on illegal short-term apartment rentals by such platforms as Airbnb, VRBO and Booking.com, The New York Times reports. Read the article………………………..
What Is the “Corporate Transparency Act” and Why It Matters to Your Association and Directors
For the past year, community association attorneys have been discussing the impact of the CTA (Corporate Transparency Act). Much of the discussion has been on whether the Act does or does not apply to homeowner and condominium associations. As the effective date of the law is January 1, 2024 (with first reports being due no […]
New Washington Law Related to Licensed Child Care Services in Associations
The Washington Legislature recently passed House Bill 1199, which directly affects the rights of homeowners and condominium unit owners and their respective associations as it relates to the provision of licensed child care services. This bill became effective on May 1, 2023 and amends all existing acts which govern associations Read the article………………………..
How Texas HOAs Are Keeping Low-Income Renters Out
A state law will prohibit homeowners associations from discriminating against tenants using rental vouchers. The practice is more widespread than lawmakers realized. Read the article………………………..
Changes to Minnesota HOA law lets more switch to solar
After a busy legislative session, there is good news for Minnesota homeowners that want to choose solar energy. One of the highly anticipated laws that passed now mandates that HOAs in Minnesota cannot block a property from installing solar panels on the roof. This change took effect on July 1, 2023. Read the article………………………..
Arizona: 2023 Legislative Update
The Arizona Legislature passed five bills, which Governor Hobbs then signed, that have a direct impact on the community association industry. House Bill 2251, House Bill 2298, House Bill 2301, Senate Bill 2010, and House Bill 2607 will become law on October 30, 2023, which is 90 days after the adjournment of the legislature. Below […]
Preventing a condo calamity in New Castle County (DE)
New Castle County 8th District Councilman John Cartier said a new ordinance passed unanimously by Council, and signed into law on July 27, 2023, by County Executive Matt Meyer, is “the leading condo building safety ordinance right now in the United States.” Read the article………………………..
The Impact of Prevailing Wages Mandate on NYC Co-ops and Condos
Have you ever considered the potential ramifications of recent mandates on the territory of New York City co-ops and condos? Let’s delve into the intricate world of the prevailing wage mandate. If you’re a board member in a union-affiliated co-op or condo, this may or may not have an effect on you. However, for those […]
Changes to Condominium Insurance Requirements For “Detached” Units (MD)
House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the mandatory insurance that is required to be maintained by the Council of Unit Owners. Read the article………………………..
Jared Polis, Democratic state lawmakers call for more changes to Colorado’s HOA laws after Colorado Sun investigation
The Sun’s investigation, published this week, found that HOAs have filed roughly 3,000 foreclosure cases since 2018, more than 250 of which have resulted in properties being auctioned off. At least 100 of the properties auctioned off were sold for $60,000 or less, according to court records. Read the article………………………..
2023 Legislative Update (FL)
The following portions of the original law have been modified and now only relate to residential condominiums (including mixed use), that are three (3) stories or higher per FL Building Commission: Read the article………………………..
Changes to Condominium Insurance Requirements For “Detached” Units (MD)
House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the mandatory insurance that is required to be maintained by the Council of Unit Owners. Read the article………………………..
New Community Association Management Rule Takes Effect (IL)
New administrative Rules governing Community Association Managers and Community Association Management Firms (68 Ill. Adm. Code 1445) became effective June 2, 2023. The new Rule represents a major overhaul to the prior Rule, which was adopted in October 2011. Read the article………………………..
Legislative Update – New Laws and Regulations Enacted in 2023 (IL)
During the legislative session that began in January of this year, numerous bills impacting community associations and the community association industry were filed by various legislators in the House and Senate. The Illinois Legislative Action Committee (ILAC) reviewed those bills and engaged sponsors and other stakeholders as necessary to protect community associations and the community […]
Arizona Statutes Protect Homeowners’ Rights to Assemble
Recent amendments to the Arizona Condominium Act and the Arizona Planned Community Act provide important protections to property owners who wish to assemble and use to common areas of the community for meetings. Read the article………………………..
Updates to MCIOA Homeowners Associations Need to Know About: Part III (MN)
As discussed in earlier in this series, there were some significant changes to Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”) adopted in the recent session of the Minnesota legislature. Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s violation […]
Updates to MCIOA Homeowners Associations Need to Know About: Part III (MN)
As discussed in earlier in this series, there were some significant changes to Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”) adopted in the recent session of the Minnesota legislature. Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s violation […]
Expert says new law muddies what associations can forbid owners put in their backyards (FL)
Question: I live in an HOA community that is a sub-village of a master association. We have our own governing documents. These regulations restrict the construction and installation of above-ground pools. We have a homeowner who constructed an above ground pool, prior to the new law (F.S. 720.3045) and without HOA approval or city permits. […]
2023 Legislative Updates and How They Impact Your Community (TX/AZ)
That’s a wrap! We’ve reached the end of our 2023 legislative session in almost every state. If you live in an HOA in Texas or Arizona and want the breakdown of what you need to know moving forward, we’ve got you covered! If your community is in a state other than Texas or Arizona, check […]
Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?
On July 23, 2023, changes to Washington’s construction defect notice statute, RCW 64.50.020, took effect. The new requirements apply to construction defect notices sent on behalf of condominium associations. But does the statute, as written, contain an error? Read the article………………………..
Senate Bill 23-178 “Waterwise Landscaping in Homeowners’ Association Communities” (CO)
Being an avid flower and vegetable gardener – and not shy to talk about it – I’ve heard from a few friends at the law firms wondering what regulations around “visible” vegetable gardens could look like. I’ll tell you, I do not mind the change. Also, I see why it causes concern for aesthetically-minded community […]
1137 One year later – financial and other impacts additional thoughts (CO)
The passage of HB22-1137 had a number of intended and achieved consequences including eliminating industry “insider” purchase of HOA foreclosures, opening up small claims court for some disputes, and others. Most importantly, it did prevent hundreds of what could only be called predatory foreclosures. Read the article………………………..
What Homeowners Associations Need To Know About Decriminalization of Cannabis in Minnesota Part III: Prohibitions on Use of Cannabis in Multi-Family Buildings
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focused on nuisance claims and the potential consequences for associations responding to such claims. […]
Time Is Running Out for Co-ops and Condos to Comply with Local Law 97 (NY)
Jessica Tusing, the director of compliance at Argo Real Estate, a Manhattan-based property management firm that oversees about 120 residential buildings across the city, tells amNY that the longer co-op and condo boards wait to comply with Local Law 97, the worse the financial repercussions will get. Read the article………………………..
Act Now: New HOA Legislation in Place (CO)
The Colorado legislature recently passed legislation relating to common interest communities that require actions to be taken by Associations. Read the article………………………..
What Homeowners Associations Need To Know About Decriminalization of Cannabis in Minnesota Part III: Prohibitions on Use of Cannabis in Multi-Family Buildings
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focused on nuisance claims and the potential consequences for associations responding to such claims. […]
Florida Lifts Pit Bull Ban – A New Era for Pet Owners
On October 1, 2023, a groundbreaking legislative decision will take effect, ending the ban on pit bulls and other prohibitions in Florida that restrict dogs based upon breed, weight or size. With this new development, many community associations that previously relied on local ordinances to restrict ownership of specific dog breeds such as pit bulls […]