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………………………..
Deadly E-Bike Fires Spark Federal Bill to Regulate Lithium-Ion Batteries (NY)
When the New York City Council passed a package of bills last month designed to halt the wave of deadly fires caused by faulty lithium-ion batteries — which power e-bikes and scooters and other mobile devices— co-op and condo boards had reason to rejoice. But council member Gale Brewer, a sponsor of one of the […]
Condo Owners Continue Fight as Reform Bills Move Through Tallahassee (FL)
The fight from condo owners continues after a state law passed that increases the amount of money required in condo reserves. The law is aimed at preventing another Surfside collapse. Read the article………………………..
Green’s First Veto: A Condo Bill That Could Have Increased The Cost Of Housing (HI)
The bill was proposed to deal with a rare scenario where a developer kept control of a condo board for more than a decade. Read the article………………………..
Florida’s HB 837 brings significant changes to bad faith insurance framework (FL)
On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law. HB 837 has been a hot topic in the news and legal community because it is one of the most significant tort reform bills to make its way through the Florida legislature to date. Notably, HB 837 modifies the bad faith insurance […]
LEGISLATIVE UPDATE: Arizona HOAs and Public Streets
On April 18, 2023, Governor Hobbs signed legislation that regulates whether a planned community has the authority to regulate publics streets within the community. The law does not apply to condominiums. This new law will go into effect 91 days after the legislative session concludes. Read the article………………………..
People living in HOAs could have gardens, hens and bees under bill moving through Oregon legislature
People who live in neighborhoods with homeowners associations would have the right to engage in gardening, hen-keeping and beekeeping under a bill moving through the Oregon legislature. Read the article………………………..
Guest column: Safe buildings start with developers, contractors. Gov. DeSantis must veto SB 360 (FL)
How did the Florida Legislature this session pass SB 360, a bill which extinguishes homeowner rights and destroys developer/contractor accountability for the work they perform? Certainly, our legislators must understand that thousands of Floridians are currently struggling to pay massive special assessments to fund mandated maintenance and repair projects? Read the article………………………..
Legislative Update: Cleanup Saved for Later (CO)
As the legislature approaches the end of the 2023 session (the legislature adjourns on May 6), various uncertainties remain. Several bills remain pending, including: Creation of a Homeowners Association and Metropolitan District Task Force (HB 23-1105); Regulation of water-wise landscaping in common interest communities (SB 23-178); Electric vehicle and charging requirements (HB 23-1233); and The […]
HOAs Inadvertently Caught in Federal Crossfire: Ten Things You Need to Know About Community Associations and the Corporate Transparency Act
It’s easy to forget that community associations are corporations—and yet, today most community associations are incorporated. Community associations are subject to their state’s corporate statutes; but soon, they will be subject to the federal Corporate Transparency Act (“CTA”) too. Read the article………………………..
New South Carolina Bill Would Allow Virtual Membership Meetings for HOAs
House Bill 4049, which was initially introduced in February, was approved by the SC House yesterday (April 18, 2023) and has now crossed over to the SC Senate for consideration. The bill would allow for remote participation at homeowners association membership meetings. Read the article………………………..
Maryland Protects Homeowners who want to Protect their Environment
A recent change in Maryland law has made this old saying true for lawns and gardens within HOAs. Section 2-125 of the Maryland Real Property Article now prohibits homeowners associations from imposing their standard of “beauty” on the lawn of an owner or resident. Read the article………………………..
Bill Might Require Training for Volunteers Who Serve on Condo Boards (HI)
A condominium association’s board of directors is responsible for making decisions for a community of condo owners, whether their building or complex has four units or 400. The board’s fiduciary duty to the association ranges from setting maintenance fees to spending on major repairs that can run into millions of dollars. 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………………………..
Bill brings homeowners’ associations in Missouri under fire
A bill in the Missouri House could allow homeowners from across the state to be freed from the constraints put on them by homeowners’ associations. “If I could afford a helicopter pad for the property I just bought and I couldn’t build it, I’d be suing everybody,” Rep. Donna Baringer, D-St. Louis, said during a […]
AB 1101 Puts Condos at Risk (CA)
The California legislature is considering AB 1101 that would amend Civil Code §5551 and Health and Safety Code §17973 which require inspections of “exterior elevated elements” on condominiums and apartments for safety. These include balconies, elevated walkways, and staircases made of wood or wood-based products. The point is to detect or intercept rot that would […]
Local Law 88’s LED Upgrade Deadline (NY)
As a co-op or condo board member, you’re no stranger to making decisions that benefit both your residents and your building’s bottom line. One such decision you’ll want to consider is upgrading your building’s lighting to LED fixtures, and you’ll want to act fast: Local Law 88 requires all buildings to make this upgrade by […]
Homeowners could be responsible for millions of dollars in road repairs (NC)
The road is currently owned by Lennar Corporation, the developer behind many of the homes along the parkway. But Comstock says Lennar plans to deed the road to the homeowners’ association. That means the approximate 1,500 people in the HOA would be responsible for its upkeep. Read the article………………………..
State lawmakers propose more rules, oversight for HOAs (NC)
State lawmakers in both chambers and both parties this session are proposing more oversight and restrictions on community and homeowners’ associations. Under current law, an association can claim a lien on someone’s property for any amount of money that is 30 days past due. After 90 days, it can start foreclosure proceedings and auction it […]
Municipal Regulation of Short-Term Rentals
Short-term rentals have become a complex topic for many municipalities, which in turn affects homeowners or Homeowner Associations interested in the issue. Various objectives of the governing body in regard to regulating short-term rentals may affect their treatment of this issue. Read the article………………………..
Florida Senators approve tweaks to ‘milestone inspections’ in condo safety law
In an issue stemming from the deadly collapse of a building in Surfside, the Florida Senate unanimously passed a bill that would make changes to a condominium-safety law approved last year. Read the article………………………..
Florida lawmakers aim to ease condo confusion, but money questions remain (FL)
As residents of condominiums across Florida struggle to adapt to a sweeping new law that increases building inspections and maintenance costs, Florida legislators have agreed to a series of changes aimed at ending confusion — but not the financial pain. Read the article………………………..
Senate passes proposal to fix glitches in condo reforms, but not financial challenge (FL)
As residents of condominiums across Florida struggle to adapt to a sweeping new law that increases building inspections and maintenance costs, Florida legislators have agreed to a series of changes aimed at ending confusion — but not the financial pain. Read the article………………………..
Lawmakers want to remove racist covenants from housing contracts (NV)
Kent Ervin, a homeowner in Reno and chemistry professor at UNR, said his 2015 purchase of a home built in 1930 forced him to sign a deal that included a racist covenant that bars anyone except a white or Caucasian person from owning, occupying or using the property. Read the article………………………..
Big Changes to Condominium and Homeowners’ Association Elections are Coming This Summer: Part I (PA)
New amendments to the Pennsylvania Uniform Condominium Act and Uniform Planned Communities Act (“UPCA”) will make huge changes in the way communities hold meetings and elections. These Amendments are found in House Bill 1795 (Act 115 of 2022). Some of these changes make it easier to hold meetings and vote electronically. Others will make it […]
Bill designed to chill homeowner criticism of HOAs, say opponents (NV)
A bill sponsored by the Nevada Senate Judiciary Committee seeks to rein in Nevadans who lawmakers say are harassing and demanding too much of their homeowners’ associations and management companies. Read the article………………………..
Providence Village-inspired bill limiting HOA discrimination sees bipartisan support (TX)
Denton County was the inspiration that led a North Texas lawmaker to draft a bill prohibiting homeowners associations from refusing to rent to tenants who use housing vouchers. Read the article………………………..
Senate bill poses big changes for single-family homes (and in HOA’s)(CO)
The new law mandates in-house apartments, backyard apartments, six-unit apartment houses, town homes, and cottage clusters in all HOA-type associations. Your HOA board of directors, which normally decides on zoning issues in your neighborhood, will be powerless. The same will be true for neighborhoods zoned as Planned Unit Developments (PUDs). There will be no way […]
Spring Has Sprung, as Have More Association Bills (CO)
I had been waiting to write under the hopes of being able to include information concerning the HB22-1137 clean-up bill. However, as of today, the bill has not yet been introduced. While this concerns me in what it may contain, we can no longer ignore the two bills that continue to work their way through […]
Senate Bill 23-213: Coming (possibly) to an HOA near you! (CO)
The passage of House Bill 22-1137 has caused most of us quite the amount of stress and anxiety to ensure proper compliance with new collection, covenant enforcement and meeting procedures. As if the recent restrictions weren’t enough, Colorado Senate Bill 23-213 was introduced on March 23, 2023, and the mere thought of this Bill passing […]
New bill can be the latest fix on homeowner’s insurance rates (FL)
A bill heading to Gov. Ron DeSantis’ desk could make it harder for homeowners to sue over construction defects in their homes. Read the article………………………..It’s Florida’s latest effort to manage what some call out-of-control litigation.
Newly passed bill to lower statute of limitations on fraudulent contracting gets mixed reactions (FL)
Howell said as the law stands right now, developers have seven years to hand over the association for a condominium or a home in an HOA to the homeowner, meaning the homeowner can’t make a claim on a construction defect until then. Read the article………………………..
Bill that would prevent HOA’s from banning child care passes state Senate (WA)
The Washington state Senate passed House Bill 1199 that would stop landlords and homeowner’s associations from placing restrictions on at-home childcare operations on April 6. Read the article………………………..
Colorado would offer homeowners, businesses last-resort property insurance under new bill
The measure comes in response to growing wildfire risk across the state. The majority of U.S. states already offer state-run or state-regulated property insurance to people who can’t get covered on the private market. Read the article………………………..
Ombudsman Programs Trending in 2023 State Legislatures
One of the most interesting aspects of tracking state legislation across the country is the emergence of new patterns that fly in the face of forecasts before the start of the legislative session. One such trend is the proliferation of ombudsman and ombudsman-adjacent bills. Read the article………………………..
Florida bill would stop HOAs from prohibiting displays of certain flags on homes
A Florida bill protecting homeowners’ right to fly certain flags outside of their homes cleared its second Senate committee Wednesday morning. In 2017 Action News Jax brought you the story of a homeowner in St. Johns County who was told by their homeowner’s association, they had to take down the Thin Blue Line flag displayed […]
Kentucky Passes Planned Community Act
SB120, which the Kentucky Legislature recently passed and was signed by Governor Beshear, creates a new, statutory framework for planned communities (HOAs) throughout the Commonwealth of Kentucky. This new law creates new sections of KRS Chapter 381, and includes many important provisions for homeowner associations in Kentucky, which have historically lacked a uniform law that […]
Proposed legislative bills could affect HOAs (NV)
Just a heads-up to my readers about the proposed legislative bills. Many of these will be revised, and some won’t make it out of committee. For more information, you can access information on the legislative website Read the article………………………..
Hurricane Ian’s hit on insurer complaint helpline hours draws scrutiny (FL)
Griping that Floridians only have three hours a day to lodge complaints about their property insurer via the state’s consumer hotline have led the state to open up another hour on the line, officials say. Read the article………………………..
Bill Spotlight: SB 468 and HB 2450 – Political Rallies Coming to a Community Near You (TX)
Turn on the TV or log on to any social media website and it will not take long before a report, or in the case of social media—an argument, about free speech appears. The debate on what constitutes free speech and how it affects people has taken over politics in many parts of the United […]
Don’t Gamble With Your Community’s Well-being (OH)
The recent changes to Ohio’s sports gambling laws, which took effect on January 1, 2023, have prompted many board members to inquire about the possibility of community associations holding bingo game or raffles. In short, the laws related to bingo and raffles remains the same. Read the article………………………..
New Laws Regarding Emotional Support Animals (FL)
Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how a community handles a request for a reasonable accommodation to its governing documents, rules and […]
Homeowners hopeful bill inspired by Hammocks HOA will become law (FL)
A bill inspired by the headaches faced by Hammocks HOA homeowners seems to be unstoppable on its way to becoming law. HB919 recently passed through its first committee, one of three with overwhelming support. Read the article………………………..
State-wide Land Use Bill May Require Communities to Allow ADUs and Increase Housing Densities (CO)
On March 22, 2023, SB23-213 (“Bill”) was introduced in the Colorado legislature with the support of Governor Polis. The Bill proposes state-wide comprehensive land use reform with the objective of increasing affordable housing. Read the article………………………..
After a Wave of Complaints, Stamford Considers Ordinance on Elevator Malfunctions (CT)
The ordinance, as drafted, would apply to any residential building with at least one elevator. When an elevator will be out of service for repairs, the owner would have to post a notice near the door and inform each tenant by note or email 24 hours in advance. The owner also would have to notify […]
Colorado considers forcing HOAs to allow water-saving landscaping instead of grass
As Colorado continues to suffer through harsh drought conditions, the state legislature is considering removing barriers for some residents to save water on lawn watering. Read the article………………………..
Public Act 6 of 2023: Codifying the Prohibition of Discrimination Based on Sexual Orientation and/or Gender Identity or Expression (MI)
On March 16, 2023, Michigan Governor Gretchen Whitmer signed Public Act 6 of 2023, enacting Senate Bill 4 of the 2023-2024 legislative session and amending the Elliott-Larsen Civil Rights Act to prohibit discrimination based on sexual orientation and/or gender identify or expression. Read the article………………………..
Ohio lawmakers revive bill to protect ‘thin blue line’ flag
Ohio lawmakers have revived legislation to allow a Pataskala man to fly his “thin blue line” flag scot-free. For nearly six years, Thomas DiSario has proudly flown the striped flag at his Pataskala home in honor of his late son, former Kirkersville police chief Steven DiSario, who was shot and killed in May 2017 while […]
HOA residents may soon be able to fly the Betsy Ross flag (AZ)
State lawmakers have decided that some flags matter more than others. On a party-line vote Thursday, the House agreed to allow residents who live in communities governed by homeowners’ associations to fly the Betsy Ross flag, regardless of existing rules. That’s the flag that existed at the time of the American Revolution, with 13 stars […]