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………………………..
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………………………..
Proposed Bill Would Limit Declaration Amendments In HOAs (NC)
A new bill in North Carolina is set to make changes for homeowners associations, specifically to limit declaration amendments. The bill, filed in early April, has yet to pass. Read the article………………………..
Florida lawmakers reverse Citizens flood insurance requirement for high-rise condos
Back in December, 8 On Your Side told you how a new rule was about to kick in. It required Citizens Property Insurance policyholders who live in high- rise buildings to buy flood insurance as well. This applied even to condo owners on the 20th floor, for example. 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………………………..
Bill creating HOA and metro district task forces heads to Jared Polis (CO)
Two separate task forces created by the state General Assembly will take deep dives later this year into the issues affecting tens of thousands of Coloradans living in homeowners’ associations and metropolitan districts. Read the article………………………..
Singer Bill that Would Protect Senior Citizens Living in Retirement Communities Clears Committee (NJ)
Legislation sponsored by Senator Robert Singer that would prohibit common interest communities, such as condominium associations, from penalizing members who place a unit into a living, revocable trust fund was approved today by the Senate Community and Urban Affairs Committee.
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 […]
Bill backed by 75th District State Rep. could help with road costs in Lake Holiday (NJ)
A bill backed by Newark Republican State Representative Jed Davis could help Lake Holiday save some money on materials for winter road maintenance. Davis says the bill would allow the Lake Holiday Homeowners Association to purchase certain materials through the local township to reduces costs. Read the article………………………..
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 […]
Illinois lawmakers pass bill to require new homes be equipped to handle EV charging stations
Newly constructed homes in Illinois would be required to include the infrastructure needed for electric vehicle charging stations under a bill now on Gov. J.B. Pritzker’s desk. Read the article………………………..
New Law Puts Communities at Risk: How to Protect Your HOA or Condo (FL)
Governor DeSantis recently signed Senate Bill 360 into law. This law’s stated purpose is to curtail frivolous construction defect lawsuits by significantly reducing the amount of time parties have to bring such lawsuits. Watch the webinar………………………..
Big Changes to Condominium and Homeowners’ Association Elections are Coming This Summer: Part II (PA)
Act 115 of 2022 will amend the Pennsylvania Uniform Condominium Act and the Uniform Planned Communities Act to change the ways meetings and elections are held. In Part One, I listed many ways that Act 115 will help communities. In this part, I will talk about some of the ways Act 115 may make things […]
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………………………..
Hawaii Condo Owners Aren’t Getting Much Love From The Legislature This Year (HI)
To supporters of House Bill 176, it seemed like a no-brainer: eliminate a complicated proxy system and make condominium board elections more like state and federal elections by letting condo owners who can’t attend the annual meeting submit write-in ballots. Read the article………………………..
(Gov.) Green’s First Veto Override: A Condo Bill That Could Increase The Cost Of Housing (HI)
Senate Bill 921 is short but technical. Basically, current law gives condominium associations a limited period of time – two years – to sue developers if they catch or should have caught construction defects. 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………………………..
Colorado bill creating HOA and metro district task forces passes Senate committee
A state Senate committee on Thursday approved a bill to set up a pair of task forces that will separately identify problems within homeowners associations and metropolitan districts and offer possible legislative fixes. 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 […]
‘There is no oversight’ Proposed bills call for changes to HOAs in North Carolina
Several new pieces of legislation in the North Carolina General Assembly call for changes and oversight for homeowners associations in North Carolina. The state currently has an estimated 14,000 HOAs. Read the article………………………..
Simmons pushes to require air conditioning and heating for older residents (IL)
To ensure property owners who limit rental, ownership or occupancy to people ages 55 and up have ample heating and cooling, State Senator Mike Simmons advanced a House bill out of the Senate Judiciary Committee on Tuesday. Read the article………………………..
Proposed state law could require HOA audits leaving residences with higher fees (LA)
A bill introduced in the state legislature could mean more fees for some HOA members. State Rep. Paul Hollis (R-Covington) has brought forth a bill that would require homeowners associations with 25 or more lot owners to be audited annually by an independent certified public accountant (CPA). Read the article………………………..
Two proposed legislative bills look to alter rules on inspections of coastal building and condo inspection
Two proposed bills in the Florida Legislature could have a huge impact on Florida’s coastal communities — one could benefit them; the other is causing an uproar. Read the article………………………..
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………………………..