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………………………..

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………………………..

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………………………..

SB 154 – Part One — New Laws (FL)

Over the next few weeks, we will be blogging about the new laws The Florida Legislature passed, as they relate to Florida Condominiums and HOAs. Today, let’s start with the bill that was supposed to clear up all the glitches in the prior bill regarding milestone inspections and reserve studies.      Read the article………………………..

SC Community Association Legislative Update – May 8, 2023

With the winding up of the SC Legislative session fast approaching, the deadline for bills to be introduced has now passed, and it is time to look at where things are now that the dust has settled. South Carolina saw several proposed bills potentially affecting homeowners associations and condominiums filed.   Read the article………………………..

The New Laws: Developers Are Protected Yet Again (FL)

When a community gets turned over from developer control to unit owner control, the unit owners typically hire experts to determine whether or not the developer has breached their warranty by turning over the property with construction defects. This year, on April 13, Gov. Ron DeSantis signed Senate Bill No. 360 into law wherein the […]

HOA Homefront — Already an active Legislative year for HOAs (CA)

After a few quiet years in Sacramento regarding HOAs, California’s legislature is quite active this year with at least eight bills proposing to affect HOAs in 2024. Four are helpful and four are not.  Today’s column will address the first four that are helpful, and the other four will follow in the next column.   Read […]

Florida lawmakers pass condo safety changes

The state’s Senate on Wednesday gave final approval to a bill that would revise a condominium-safety law that stemmed from the deadly June 2021 collapse of the Champlain Towers South building in Surfside.  Read the article………………………..

Illinois – Legislative Update – 2023

On January 11, 2023, the 103rd General Assembly was inaugurated. With the new General Assembly came a flurry of new legislation introduced in both the House and the Senate. As has been the case in the recent past, that newly introduced legislation includes numerous bills impacting community associations and the community association industry. The Illinois […]

Florida Senate Passes Bill Addressing Concerns Over Last Year’s Condo-Safety Reforms

Florida condominium associations and those who provide them with expert guidance have experienced some confusion and questions over aspects of last year’s condo-safety reforms, and the state Senate has responded with the passage of key amendments to address some of these concerns. While a companion bill remains before the House, Senate Bill 154, which was […]

Preparing for Local Law 97 (NY)

New York City’s Local Law 97 is set to go into effect in 2024 and is aimed at reducing carbon emissions from buildings over 25,000 square feet. To comply with the new emissions standards, building owners and operators need to start preparing now. Here are the top 5 tips on how to get your building […]

New Law Limits Premises Liability Related to Criminal Activity (FL)

A new law, which became effective on March 24, 2023, is intended to limit the liability of the owner or principal operator of a multifamily residential property for criminal acts that occur on the premises which are committed by third parties who are neither employees nor agents of the owner or operator.   Read the article………………………..

Proposed NC Law Changing Declaration Amendments Would Harm Associations and Owners

SB 552 and HB 551 are mainly focused on landlord-tenant issues, but both include a provision that any declaration amendments made by an HOA or condo association would “only affect lot owners whose lots are conveyed or transferred after the amendment takes effect.” Such an outcome impacting ALL declaration amendments would have disastrous consequences on […]

Florida Further Restricts Community Association’s Ability to Bring Design and Construction Defect Lawsuits

Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims […]

Colorado legislature OKs forcing HOAs to approve water-saving landscaping

Around 60% of Coloradans live under a homeowner association. If signed into law, Senate Bill 178 would allow those homeowners to swap their grass lawns for landscaping that needs less water to maintain, forcing HOAs to accept the alternative landscaping.  The bill passed its final legislative vote on Wednesday, now only needing the governor’s signature […]

What New Community Association Legislation is Happening in Your State

With 50 states holding their respective legislative sessions in 2023, CAI’s Legislative Action Committees (LACs) and advocates across the U.S. are extremely busy. So far, 15 states have adjourned their formal legislative sessions for the year.   Read the article………………………..

Fire Sprinkler/ELSS Update for High Rise Buildings (FL)

If you own a unit in a high-rise condominium or manage such condominiums, you are likely aware that the Condominium Act requires that the condominium buildings must be retrofitted with a fire sprinkler system or an engineered life-safety system (ELSS). The Condominium Act provides that the local authority having jurisdiction (AHJ) may not require completion […]

Bill to Restrict HOA/Condo Collections Would Harm Associations & Homeowners (NC)

As described in my recent NC Community Association Legislative Update, one bill moving through the NC General Assembly is HB 542 “Protect Homeowners’ Rights.” In addition to placing further requirements on associations as to the collection of past due assessments, the proposal would prohibit the filing of a lien against an owner who fails to […]

Opposition to vacation rental legislation continues (FL)

City officials continue to lead the opposition to proposed state legislation that would curtail local governments’ ability to regulate short-term vacation rentals.  Senate Bill 714 and House Bill 833 seek to preempt the regulation of vacation rentals to the state, specifically to the Florida Department of Business and Professional Regulation (DBPR).    Read the article………………………..