New York City condo owners and co-op managers may soon learn that there are other major costs to climate change beyond hotter summers, stronger storms, flash floods and apocalyptic smoke. Read the article………………………..
New Washington law could make condos less expensive, but are buyers less protected?
Everybody wants housing they can afford. Lawmakers have tried many strategies to give that to people. One is to bring the cost of homes down by reducing the price developers pay for things like insurance. A new bill that went into effect this week aims to do that. But not everyone’s happy about it. Read the […]
“Homeowners’ Associations Bill of Rights” Law Takes Effect October 1, 2023 (FL)
On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including: Read the article………………………..
Pennsylvania bill would allow condo, HOA residents to hang clotheslines
A Pennsylvania lawmaker says her bill would allow residents of condos and homeowners associations (HOAs) to hang their clothing outside to dry. State Senator Amanda Cappelletti (D-Delaware/Montgomery) says some HOAs and housing units ban outdoor clotheslines and drying racks that may hinder the community’s appearance. Read the article………………………..
2023 Legislative Review Part 4 (FL)
This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory […]
New Condo Law Makes It Clear That Condo Must Make the Repair (FL)
I get so many calls and e-mails each week about whether the condominium or the unit owner is responsible to fix something that’s broken. Florida Statute 718.113 was recently amended and here’s what it says: Read the article………………………..
Florida Legislature Amends Condominium and Cooperative Safety Statutes Adopted After Champlain Towers South Collapse
On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South condominium. Existing statutory requirements were discussed in a prior blog post. Senate Bill 154 took effect immediately and makes the following primary changes […]
88th Texas Legislative Session Action Items
The 88th Texas Legislative Session has reached its conclusion. Several bills have passed that will require actions from POAs. Learn more about the actions POAs will need to prepare to take in the months ahead with our action items update below. Read the article………………………..
Important Changes to Rhode Island Condominium Law
In 2022, the Rhode Island Legislature passed a change in the law, R.I. Gen. Laws § 34-36.1-3.13, as it relates to the responsibilities of insurance coverage for Condominiums. The new law establishes that the Unit Owner’s insurance policy is required to cover the amount up to the Association’s master policy deductible. Read the article………………………..
2023 Legislative Review Part 3 (FL)
This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we will finish our review of HB 919 and review HB 437 concerning the display of […]
4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of
Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One became effective immediately. Here is a brief summary of the new laws. Read the article………………………..
Florida Governor Signs SB 250 into Law
On June 28, 2023, the Florida Governor Ron DeSantis signed into law Senate Bill 250 (see Chapter 2023-304, Laws of Florida), which makes various amendments throughout the Florida Statutes regarding the preparation and response activities of state and local governments when natural emergencies impact the state. Supporters of Senate Bill 250 (the “Bill”) believe the […]
Updates to MCIOA Homeowners Associations Need to Know About: Part II (MN)
As discussed in Part I of this series, there were some significant changes adopted in the recent session of the Minnesota legislature affecting Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”). Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s […]
2023 Legislative Review Continued (FL)
In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023. Read the article………………………..
HOA bills garner bipartisan support. Critics say they could lead to higher costs, lower property values (NC)
Several bills targeting HOAs — particularly their power to take people’s homes through foreclosure — have been filed this year. They have bipartisan support in the state House and Senate. Advocates for HOAs say the proposals could result in higher costs for homeowners. Read the article………………………..
Application of New Section 768.0701, Florida Statutes, Regarding Multifamily Property Safety to Condominium Associations (FL)
Every year community associations watch for legislative changes to the general statutes that govern community associations, including Chapter 718, Florida Statutes, for Condominium Associations; Chapter 719, Florida Statutes, for Cooperative Associations; and Chapter 720, Florida Statutes, for Homeowners’ Associations. However, changes to other parts of the Florida Statutes can have important, substantive effects on community […]
NC bill would make it harder for HOA to take your home
North Carolina Rep. Ya Liu of Wake County is one of the sponsors of a bill to make it harder for HOAs to start foreclosure proceedings. If it becomes law, HOAs could only start foreclosure proceedings against your property if you owed more than $2,500 or racked up 12 months of fees, whichever were to […]
TX bans HOAs from discriminating against renters who receive federal housing aid
In a rare, friendly move to low-income renters, Texas lawmakers this year outlawed a form of discrimination that allowed homeowners associations to ban some tenants from their neighborhoods. Read the article………………………..
Association Notice Requirements for HB23-1105 HOA And Metro District Task Force (CO)
HB23-1105 was one of the bills affecting community associations that came out of this year’s legislative session. In brief, this bill creates a task force, under the Department of Regulatory Agencies (DORA) to examine issues confronting HOA homeowners’ rights and to prepare a report by April 15, 2024 regarding the task force’s findings and conclusions […]
Proposed Federal Legislation Aims to Broaden FEMA Disaster Assistance for Community Associations
FEMA is a federal program that assists homeowners and municipalities with recovering from disasters. FEMA funds are available for restoration of a single family home in the event of a disaster when insurance proceeds are exhausted or the damage was not insured. FEMA funds may be used for roof repair, HVAC repair, electrical box repair, […]
What Does Senate Bill 360 Mean For Your Community Association? (FL)
Senate Bill 360 was signed into law on April 14, 2023. The Bill imposes various changes that will impact both homeowners and community associations. Attorney Barry Ansbacher discusses these changes in an article Read the article………………………..
A Pending Hawai‘i Law Pushes Residential High Rises to Install Fire Sprinklers, or Get Working on Their Plans
After the deadly Marco Polo fire of 2017, older Honolulu high rises were required to install sprinkler systems or pass a safety evaluation, but compliance is slow going. Now state legislation asks them to add the costly systems to their reserve studies. Read the article………………………..
2023 Legislation Reviewed (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. There are several other bills that will apply to community associations, […]
2023 Delaware Legislative Update
Delaware has experienced some noteworthy legislative activity at both the county and state level. While new legislation has not been adopted in the current legislative session, below is a brief summary of the activity transpiring over the last few months that foreshadows what is coming in the future. Read the article………………………..
Legislative Update June 27, 2023 – House Bill 542 Adopted by Senate Judiciary Committee (NC)
Legislative proposals are always in flux. However, since I previously reported on HB 542 and other bills impacting community associations, I wanted to share that HB 542 was passed by the Senate Judiciary committee yesterday and will likely be voted upon by the entire Senate before long. Various stakeholders and legislators are working on the […]
Illinois Legislature Approves New Temperature Requirements for 55-And-Over Communities: What do Illinois Community Associations Need to Know?
The Illinois legislature recently approved amendments to the Illinois Condominium Property Act (“ICPA”) and Common Interest Community Association Act (“CICAA”) to impose certain temperature control requirements for condominium and community associations “in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older.” Read the […]
Bill to repudiate racially restricted deed covenants passes PA House
A bill sponsored by Rep. Justin Fleming, D-Dauphin, that would make it easier for property owners to repudiate discriminatory deed covenants passed the House today. A covenant stipulates what existing or future owners can and cannot do to the property. Racially discriminatory real estate covenants were struck down by the U.S. Supreme Court in 1948 […]
Is Your Community Association Receiving the Benefits of the Municipal Services Act? (NJ)
New Jersey’s Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, which went into effect in 1993, is the first (and possibly still the only) legislation in the country that requires cities and towns to provide certain municipal services or reimbursements to community associations within their borders. Read the article………………………..
Updates to MCIOA Homeowners Associations Need to Know About: Part I (MN)
Tucked into a “kitchen sink” bill were some significant changes to Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”) focused on collection of attorneys’ fees and costs in collection matters, and specific disclosures that must be made in violation notices. We’ll take a look at these changes over the […]
What Homeowners Associations Need to Know About Decriminalization of Cannabis in Minnesota Part II: Use of Cannabis Defined as a Nuisance
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 focuses on nuisance claims and the potential consequences for associations responding to such claims. […]
New Law is a Benefit to Condos and Requires a Boost to Security (FL)
Florida condominiums always had the obligation to provide for the safety of its owners, residents and guests when it came to preventing crime in the community. The condominium association was negligent if it knew or should have known about prior crimes in the community or surrounding areas, and failed to take reasonable safety measures to […]
Proposed Bill Would Extend FEMA Aid to Condos, Co-ops, & HOAs
A current bill working its way through Congress would correct a gap in the way the Federal Emergency Management Agency (FEMA) delivers recovery assistance in the wake of natural disasters. Sponsored by Reps. David Rouzer (R-N.C.), Jerrold Nadler (D-N.Y.), and Nancy Mace (R-S.C.) the bipartisan H.R. 3777, also called the Disaster Assistance Fairness Act, would […]
Right-to-charge laws bring the promise of EVs to apartments, condos and rentals (IL)
But having wiring in place for charging is only the first step to expanding EV use. Apartment building managers, condo associations and residents are now trying to figure out how to make charging efficient, affordable and available to everyone who needs it when they need it. Read the article………………………..
New Law: Mandate for Installation of Electric Vehicle Chargers in Common Area Parking Lots (IL)
On June 9, 2023, Governor Pritzker signed Senate Bill 40 into law. This new law states that beginning on January 1, 2024, if a single-family home or multi-unit residential building constructs a new parking lot, every parking space must be equipped to install an electric vehicle charger. Read the article………………………..
2023 Virginia Legislative Changes Affecting Community Associations
The Virginia General Assembly had a busy 2023 session that involved consideration of proposals for new laws that would impact community associations, some of which were passed by both houses and ultimately signed into law by Governor Youngkin. Highlights of the laws, which take effect on July 1, 2023 are discussed below. Read the article………………………..
Queens lawmaker’s bills aimed at preserving affordability for NYC co-op, condo homeowners passes state legislature (NY)
Two bills sponsored by Assemblyman Edward Braunstein to provide tax relief to middle-class New York City cooperative and condominium owners have been passed in the Assembly and Senate. Read the article………………………..
HOA Q&A: What are the new requirements for structural inspections of condo buildings? (FL)
Q: I understand there are new laws revising requirements for the milestone inspection reports for condominiums three stories or higher. Can you summarize the main points? Read the Q&A……………………………
Congress Introduces Making Condos Safer and Affordable Act of 2023
On the eve of the 2nd anniversary of the deadly Surfside building tragedy, U.S. Representatives Debbie Wasserman Schultz (FL-25) and Bill Posey (FL-08) today introduced the bipartisan Making Condos Safer and Affordable Act of 2023 to provide comprehensive condo relief that would expand and ensure access to public and private loans for structural and safety […]
CAI Advocacy’s Condo Safety Related State Legislation Round-Up
Since the tragic collapse of Champlain Towers South in Surfside, Fla., in June 2021, CAI’s government and public affairs efforts have been and continue to be committed to condominium safety, structurally sound and fiscally responsible communities through public policy outreach and legislative advocacy at the local, state, and federal levels. Read the article………………………..
Association Notice Requirements for HB23-1105 HOA And Metro District Task Force (CO)
HB23-1105 was one of the bills affecting community associations that came out of this year’s legislative session. In brief, this bill creates a task force, under the Department of Regulatory Agencies (DORA) to examine issues confronting HOA homeowners’ rights and to prepare a report by April 15, 2024 regarding the task force’s findings and conclusions […]
Mandatory Updates to HOA Landscaping Policies (CO)
Governor Polis signed into law SB23-178, which is a bill regarding landscaping changes using water-wise means. The law will take effect August 9, 2023, and it applies to detached, single family HOAs. Read the article………………………..
House Bill 437 Overrides Certain HOA Flag Rules In Florida
House Bill 437, which Gov. DeSantis recently approved, expands the right of homeowners to display certain flags in Florida regardless of HOA rules. The newly passed law will take effect on July 1. Read the article………………………..
Updates to MCIOA Homeowners Associations Need to Know About: Part I (MN)
The regular session of the 93rd Legislature of Minnesota was a busy one! The legislature passed laws adopting paid sick leave and family/medical leave, declaring certain noncompete agreements unenforceable, and establishing paid breakfast and lunch for all Minnesota’s K-12 students. Read the article………………………..
New Law: Mandate for Installation of Electric Vehicle Chargers in Common Area Parking Lots (IL)
On June 9, 2023, Governor Pritzker signed Senate Bill 40 into law. This new law states that beginning on January 1, 2024, if a single-family home or multi-unit residential building constructs a new parking lot, every parking space must be equipped to install an electric vehicle charger. Read the article………………………..
Guns in the Clubhouse: What Can a Community Association Do? (FL)
The right of the people to carry and bear arms without governmental infringement is a right which stems from both the United States Constitution and the Constitution of the State of Florida. The State of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon […]
Balcony Inspections (CA)
By now most of you are aware that in August, 2019, Governor Newsom signed Senate Bill No. 326 (“SB 326”) into law, adding Civil Code section 5551 to the Davis-Stirling Act. This statute requires associations to perform inspections of balconies and other exterior elevated elements that the association has an obligation to maintain and/or repair […]
Solar is Here To Stay (AZ)
As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other […]
Questions Answere: Updated – Updated Condo Legislation (FL)
There is no shortage of information on the recent changes to Condominium Legislation, or the FR/BAR Rider related to Condominiums that was just updated in March. However, we recently discussed the upcoming changes in our blog post here. Since then, Senate Bill 154 has been introduced. Read the article………………………..
CAI 2023 Overview of 6 Bills affecting Associations (CO)
Community Associations Institute’s Colorado Legislative Action Committee (CAI CLAC) spent the 2023 legislative session advocating on behalf of the approximately 2,403,000 Coloradans in 893,000 homes in more than 9,900 community associations. More than 680 bills were introduced, and CAI monitored 6 bills that would have directly affected community associations. Below is a brief overview: Read […]
An HOA Member’s Bill of Rights – HB919 (FL)
Sometimes HOAs are simply forgotten about when it comes to new laws. There’s usually a hands off approach by The Florida Legislature. Not this year. This year a new act was created called the “Homeowners’ Associations Bill of Rights.” Florida Statute.303. Read the article………………………..