Starting July 1, Gov. DeSantis signed a bill increasing the number of flags homeowners can display regardless of rules created by the homeowners’ association. Read the article………………………..
Virginia 2023 Legislative Update for Common Interest Communities
The Virginia General Assembly approved a number of bills during its 2023 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills into law and the new laws will take effect on July 1, 2023. We have outlined the legislative action taken by the […]
Food production in HOAs (OR)
Egg prices were so high in some states at the beginning of 2023 that some people started joking about buying live chickens instead. This way, they could have a personal supply of eggs. But homeowners living in Oregon may soon get that opportunity if they really wanted to try farming their own eggs. Read the […]
GOVERNOR SIGNS GLITCH BILL SB 154
Governor DeSantis signed the much anticipated Surfside Glitch Bill, SB 154, into law earlier today. This lengthy law will be the subject of future Becker webinars and classes as well as be featured in our 2023 Legislative Guidebook along with more than a dozen other bills that passed this Session which may impact your community. Read […]
Florida’s SB 154 Attempts to Provide Additional Clarity on Condo Safety Law
Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that emerged from the previous legislative session’s SB 4D. Read the article………………………..
2023 Legislature Responds with Condominium “Glitch Bill”
On June 9, 2023, Governor DeSantis signed Senate Bill 154 (“SB 154”) into law. This was the highly anticipated “glitch bill” to address technical issues with Senate Bill 4-D (“SB 4-D”) – last year’s controversial legislation in response to the collapse of Champlain Towers South. Read the article………………………..
Another New Law: HB437 (FL)
I can’t tell you how may fights I have been involved in regarding flags other than the U.S. flag flying above someone’s home and the fact that someone put down fake grass or stored a boat, that nobody can see, in their backyard. Well, here’s a new statute that solves both of those problems: Read […]
Condo Adviser: State, city measures may require electric vehicle-charging capabilities at residential buildings (IL)
Q. I am a condominium owner considering purchasing an electric vehicle and just heard about the Illinois legislature’s recent adoption of the Electric Vehicle Charging Act. How does this Illinois statute differ from the City of Chicago Electric Vehicle Right to Charge Ordinance? Read the Q&A…………………………….
2023 Texas Legislative Update: Issues Affecting Texas Homeowners’ Associations and Condominium Owners’ Associations
The 2023 Texas Legislative Session has come to a close. New laws affecting homeowners’ associations and condominium owners’ associations will take effect on September 1, 2023. Winstead was actively involved in the 2023 Texas Legislative Session, Read the article………………………..
Florida’s SB 154 Attempts to Provide Additional Clarity on Condo Safety Law
Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that emerged from the previous legislative session’s SB 4D. Read the article………………………..
Reserve studies of common areas (MD)
In this week’s article, we will wrap up provisions of the new law as they relate to who can conduct the reserve study and requirements of associations in providing the reserve study information to owners. Read the article………………………..
Your Accountant Wants You To Know About Section 57 Of The Condo Act (MI)
Condominium associations with annual revenues exceeding $20,000.00 should take specific note that Section 57(2) of the Michigan Condominium Act provides that an independent certified public accountant must perform an annual review or audit of the association’s financial documents, including its books, records, contracts, and financial statements. Read the article………………………..
Layers of the Florida Condo Legislation
The Champlain Towers South disaster in Surfside, Florida, in June 2021, was just that. A disaster. In one of the worst building collapses in U.S. history, 98 residents lost their lives in the middle of the night in a building they thought of as their secure home. The facets of this story are deep and […]
Colorado SB 23-178: Water Wise Landscaping Signed! (CO)
Colorado Senate Bill 23-178 has been signed into law and takes effect on August 7, 2023. It requires Associations to adopt rules concerning water-wise landscaping, but it is important to note this bill only applies to communities with single-family detached homes. Read the article………………………..
Airbnb Files Suit Over Law Curbing Short-Term Rentals (NY)
Co-op and condo boards applauded earlier this year when the city enacted Local Law 18, which was designed to cut down on the scourge of illegal short-term apartment rentals in their buildings. Read the article………………………..
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 Read the article………………………..
SB 154 – Part Four – New Laws (FL)
SB 154 – is a long bill. Here are the final new laws: 1. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium. Read the article………………………..
Understanding Local Law 97 (NY)
Local Law 97, part of New York City’s ambitious Climate Mobilization Act, is set to revolutionize the way buildings in the city approach energy consumption and carbon emissions. Co-op and condo owners, as well as their building’s boards, need to familiarize themselves with the critical dates and fine structure outlined by the law. Read the article………………………..
Texas considers new bill that could severely limit residents’ use of solar power: ‘[It] would turn all of Texas into an HOA’
The Texas legislature is currently considering a bill to heavily restrict the generation of wind and solar energy, University of Texas at Austin research scientist Joshua D. Rhodes revealed in a tweet. Read the article………………………..
New law prohibits insurance companies from altering claim estimates (FL)
The start of hurricane season is here, but many Southwest Floridians are still fighting their insurance companies about their Hurricane Ian claims more than eight months later. The Insurer Accountability Act aims to bring more balance between the consumer and the insurance industry. Read the article………………………..
Legislature Extends Co-op and Condo Property Tax Abatement to 2026 (NY)
The state Legislature on Thursday passed a bill — which Gov. Kathy Hochul is expected to sign into law — that will keep the cherished co-op and condo property tax abatement alive until at least 2026. Read the article………………………..
SB23-178: TO VEG, OR NOT TO VEG? THAT IS THE QUESTION. (CO)
First and foremost, the new law expands owners’ rights to install xeriscaping on property the owner is responsible to maintain, including limited common elements, right-of-ways, and tree lawns. Associations, however, may prohibit xeriscaping on property that is maintained by the association (regardless of whether such property is owned by the owner). Read the article………………………..
HB2298: Community Association Roadway Regulations (AZ)
On April 18, 2023, Governor Hobbs signed HB2298 which amends A.R.S. §33-1818 regarding roadway regulations in a community association. HB2298 requires that a community association with public streets where the CC&Rs regulate on-street parking hold a vote of the members by June 30, 2025 on whether to continue to regulate on-street parking. Read the article………………………..
More details on new state HOA law (MD)
In last week’s article, we reviewed the Maryland General Assembly’s new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components, under House Bill 107. Read the article………………………..
Peter Rabbit’s Paradise: Senate Bill 23-178 Signed Into Law (CO)
Thanks to Senate Bill 23-178, community associations throughout the state will see a significant increase in the presence of mischievous young rabbits in the coming years. Senate Bill 178 requires planned communities with detached structures – single family home communities – to permit the installation of vegetable gardens (which include flowers, fruit, herbs, and other […]
New Laws Apply to Washington State Community Associations
The Washington State Legislature recently approved several new laws that affect existing community associations. The first new law prohibits community associations from prohibiting, unreasonably restricting, or limiting the use of properties for licensed family home child care or as licensed child daycare centers. Read the article………………………..
Getting “Flag Ready” for the Fourth of July (FL)
Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display is community associations is addressed under State law. Read the article………………………..
SB 154 – Part Three – New Laws (FL)
Again, in a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for these items: Read the article………………………..
Answers to 5 Pressing Questions on Local Law 97 (NY)
Beginning in 2024 — about seven months from now — co-op and condo boards in larger buildings will have to reduce their carbon emissions under specified caps to comply with Local Law 97. Failure to do so will result in fines. The caps get more stringent in coming years, with the ultimate goal of reducing […]
Condo common areas studies required now (MD)
The Maryland General Assembly has passed new legislation, effective Oct.1, requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Read the article………………………..
Words Matter’: New Oklahoma Law Removes Discriminatory Language From Property Covenants
Real Estate covenants are agreements between landowners and other parties like neighborhood associations. A late 1940s covenant remains on the books in Oklahoma and appears on a list of covenants for Frost’s property. Read the article………………………..
2023 Legislative Recap (CO)
The Colorado 2023 Legislative Season has come to a close, and, much like the lyrics above, you may find yourself embracing and perhaps refraining from embracing some of this session’s Bills and subsequently, the Laws that came out of those. As of this posting, the governor has signed about 232 bills so far this session. […]
New Legislation: California Paves the Way for Mandatory EV Charging Stations in Existing Buildings
For more than a decade, the California Legislature has passed laws making it easier for residents to install electric vehicle (“EV”) charging stations within HOAs. For example, in 2011, the Legislature enacted what is now Civil Code section 4745, which nullified any provision in an HOA’s governing documents which prohibited homeowners from installing EV charging […]
Protecting Colorado’s Water Resources & Pollinators: Governor Polis to Sign Bills into Law (CO)
This morning in Boulder at Harlequin’s Gardens, Governor Polis was joined by First Gentleman Marlon Reis, state lawmakers and advocates as he signed the bipartisan SB23-178 Water-wise Landscaping In Homeowners’ Association Communities sponsored by Senators Sonya Jaquez Lewis and Perry Will, Representatives Karen McCormick and Mandy Lindsay to remove HOA barriers to water-wise landscaping, and […]
Hobbs Signs Bill To Protect Property Owners From HOAs (AZ)
Property owners scored a win this week when Governor Katies Hobbs put down her veto stamp temporarily to sign a bill that empowers homeowners to hold non-compliant homeowner association boards more accountable. HB 2607, sponsored by Rep. Barbara Parker, passed on a bipartisan vote. Read the article………………………..
Florida Statutes Governing Condo Associations and HOAs
These Florida statutes and regulations are essentially guidelines outlining the proper legal conduct of HOA and condominium association boards, especially during meetings. These laws were put into effect to ensure transparency, accountability, and effective communication between property management companies and association members, and residents. Read the article………………………..
New South Carolina Law Allows Virtual Meetings for HOAs and Condos
In short, the new law will open the door for most homeowners associations and condominiums in South Carolina to allow remote member participation and to conduct virtual membership meetings. This bill will also allow those with health concerns to more easily participate in their association’s meetings. Read the article………………………..
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering the potential triggering events for […]
Reserve and Inspection Laws Changed (FL)
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Read the article………………………..
SB 154 – Part Two – New Laws (FL)
Structural integrity reserve study.— A residential condominium must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height as determined by the Florida Building Code which includes, at a minimum, a study of the […]
HOA bills seek to prevent bullying of board, move more communications online (NV)
Homeowners associations (HOAs) — sometimes called “common-interest communities” — are organizations of elected officials within a subdivision or condominium complex that make and enforce rules for residents with the goal of ensuring a consistent quality across their neighborhoods. Read the article………………………..
2023 Legislative Update For Maryland Community Associations
The Maryland General Assembly’s 2023 legislative session was the first under new Governor Wes Moore and resulted in several new laws that will affect community associations. There were also bills that failed which, had they passed, would have impacted community associations. Here are the updates: Read the article………………………..
2023 Virginia Legislative Update Adjournment and Passage
Throughout the legislative session, the 15-member CAI Virginia Legislative Action Committee (“Virginia LAC”), of which Chadwick Washington’s own Jerry Wright is a member, closely monitored forty-three bills that were identified as having a potential impact on planned communities. Of those bills, only three bills directly impacting community associations were adopted Read the article………………………..
Gov. Polis signs law expanding environmental options for home landscaping in Colorado
Gov. Jared Polis has signed into law a measure that would change Coloradans’ Homeowner Association rules. Around 60% of Coloradans live under a HOA, according to a press release from the governor’s office. Under the newly confirmed State Senate Bill 178, homeowners can now swap their grass lawns for alternatives like turf that require less […]
Electric Vehicle Charging Act Approved by the Illinois Legislature: What Do ILLINOIS Community Associations Need to Know?
The Illinois legislature recently approved the Electric Vehicle Charging Act (“Act”), which imposes certain requirements for “newly constructed single-family homes and multi-unit residential buildings” with parking spaces, including condominium and community associations, to foster widespread adoption of electric vehicles (“EVs”). Read the article………………………..
Community Associations Institutes conducting advocacy efforts on Capitol Hill
Their agenda has been focused on addressing the latest legislation impacting condominium safety, Fannie Mae and Freddie Mac condominium and housing cooperative lending requirements, and FEMA disaster assistance. Read the article………………………..
Legislative Update: CAI Arizona LAC Final Bill Tracking Report
As the end of the 2023 Legislative Session nears its end, Governor Hobbs has signed several pieces of legislation that affect planned communities and condominiums. On April 18, 2023, Governor Hobbs signed legislation that regulates whether a planned community has the authority to regulate public streets within the community. Find more details about that new […]
NC Community Association Legislative Update – May 9, 2023
With the crossover deadline behind us, now is a good time to revisit my last legislative update (NC Community Association Legislative Update – April 18, 2023) to see which bills are still active that could impact North Carolina’s homeowner or condominium associations. Read the article………………………..
Texas Bill Would Legalize Townhouses
This past week, the Texas Senate approved a bill that allows homes to be built on smaller lots. In the past month, it’s also passed bills that legalize accessory dwelling units (ADUs) statewide and allow private parties to issue building permits. Read the article………………………..
Two Bills Sponsored by State Rep. Joel McEntire Signed Into Law by Gov. Inslee (WA)
House Bill 1043 will streamline rules and regulations in common interest communities. Depending on the type of community and the timeframe it was created, interest communities could be governed by any one of four statutes. Read the article………………………..