After a contentious session, House Bill 1137 is finally in its final form and on its way to the Governor. This bill is going to create havoc should it go into effect on August 10. Read the entire article……………………………….
Veto HB22-1137 Before It’s Too Late (CO)
Collection of delinquent assessments and enforcement of governing document violations are two of the most difficult actions tasked to an association. If HB22-1137 becomes law, they are about to become infinitely more difficult and certainly costlier in both time and expense. As of this posting, the bill has not yet made it to Governor Polis’s […]
United SaddleBrooke Responds (AZ)
Recently the two SaddleBrooke HOA Boards issued a joint statement, distributed to the entire SaddleBrooke community, which made two major points: Read the entire article……………………………….
West Ranch Communities, Can You Hear Me? (CA)
The thing about the internet is that you can find just about anything to support the craziest positions on any topic. That is what we are witnessing in Stevenson Ranch regarding the much-needed proposed cellphone antenna. Read the entire article……………………………….
HOA Reserve Funds: an ever present flaw with HOAs (HB 22-1387) (CO)
Homeowners Association (HOA) Reserve funds are created, accumulated and used for future HOA maintenance and replacement costs for community assets. Part of each monthly assessment (aka monthly HOA dues) should be used by the HOA to fund reserves. Read the entire article……………………………….
HOAs around country crack down on signs, flags
If you live in a community with a homeowners association, you might have strong feelings about it. So does Thomas DiSario of Ohio. He flies an American flag and a thin blue line flag to honor his late son, Eric. Read the entire article……………………………….
Mexican Food And The HOA Meeting, Part Two
In the day since we posted the article about a woman spending 10 minutes during an HOA Meeting complaining that Mexican food is being served in the community’s private restaurant, we’ve been accused of several things. Read the entire article……………………………….
Florida must address aging condos
Florida lawmakers wasted a golden opportunity during the recent legislative session to respond to last year’s deadly condominium collapse in Surfside. And the impacts are already being felt, as insurers unwilling to write policies on aging condominiums continue to leave the market. Read the entire article……………………………….
Nevada bill could cause financial crisis for HOAs
Are you ready for a major financial crisis for your homeowners association? Well, Senate Bill 144 will make the Great Recession and the COVID-19 pandemic look like child’s play. Sen. Pat Spearman has proposed SB144, which would profoundly affect community associations. Read the entire article……………………………….
CAIR-Kansas Calls for Removal of Racist Covenants from Property Deeds
The Kansas chapter of the Council on American-Islamic Relations (CAIR-KS) has called upon Kansas Democratic Governor Laura Kelly to issue an executive order for the removal of the vestigial racist covenants contained in property records across the state. The unenforceable covenants contain insulting, degrading and discriminatory language from a bygone era that are hurtful to […]
April 2022 State Legislative Update
Nineteen of the 46 states in session in 2022 have adjourned for the calendar year. Over the past four months, CAI’s 36 state legislative action committees (LACs) and more than 600 volunteer committee members worked tirelessly to advocate on behalf of the community association housing model. Read the entire article……………………………….
Proposed Federal Legislation to Help Some Condo Owners Pay Special Assessments
As the one-year anniversary of the Surfside tragedy (June 24) approaches, thousands of Florida condominium and cooperative associations continue to assess their buildings’ structural integrity and maintenance needs. Boards who are moving forward with robust reserve funding and extensive repair projects can be met with strong resistance from members who simply cannot afford those items. […]
HOAs taking to the use of speed cameras to ticket homeowners and promote safety
Some HOA (homeowner’s organization) entities have been picking up the act of using speed cameras randomly installed throughout neighborhoods to promote safer driving. Using technology to combat unsafe practices that put neighbors and children at risk. Read the entire article……………………………….
The Other Government: The Residential Community Association
Most Americans take for granted the rise of the residential community association, a whole new level of government. Today, an estimated 74 million Americans in 30 million homes live under the jurisdiction of 347,000 residential community associations, which annually dispose of about $50 billion and have reserves of about $47 billion Read the entire article……………………………….
Community First: It’s time for changes on the Rock Springs Ridge HOA Board
It’s a word filled with warmth and positive feelings. Who doesn’t want to belong to a tight-knit community? One where neighbors take pride in their living environment, respect and support one another regardless of age, gender, race, or creed. A good community is a safe, cohesive, confident, prosperous, and happy place to reside. It embodies […]
Whose Rights Should Our Laws Protect? (CA)
AB 3182 was a poison pill for condominium owners, reducing our ability to maintain the long-term residential nature of our communities by allowing more homes to be rented for shorter periods of time. Some owners might have been pleased by this, but a presumed application of this law serves a different constituency entirely. Read the entire […]
Short-term rental court opinion may limit HOA powers
Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion. This opinion changes the assumption that CC&Rs may protect communities from predation by STRs. The STR issue is much larger than nuisance, party houses, responding to noise, parking and trash violations. Read […]
Florida lawmakers can improve condo safety. Will they? | Editorial
The Florida Legislature came so close to passing meaningful new rules to help prevent another deadly condo collapse. The move failed at the last moment, but the problem has not gone away. Thousands of aging condo towers still need inspecting, and many condo associations don’t have the money to pay for repairs. Read the entire […]
Counterpoint: Don’t require homeowner groups to allow solar panels (MN)
Like the author of “A homeowner’s right to go solar” (Opinion Exchange, March 14), I am concerned about our climate, and I support solar panels. That said, however, it is not as simple as having a law that forces homeowner associations to allow solar panels. I have asked our legislators to not be too quick […]
Editorial: Palm Beach Town Council right to hit pause on condo safety regulations (FL)
It’s time to “pump the brakes.” Following the Surfside condominium collapse last summer, there was a call to action: Implement a building inspection program as quickly as possible so the horrors associated with the loss of Champlain Towers South do not happen again. Read the entire article……………………………….
Virginia’s homeowners associations are still resistant to solar power
After the Virginia Clean Economy Act was passed in 2020, many Virginians embraced residential solar power in an effort to help reach the state’s goal of zero emissions by 2050. In fact, although it’s not as widely known, the 2020 SB 504 bill also played a key role in making rooftop solar more accessible to […]
Why Colorado HOA laws are ineffective and will stay that way for now
If you read every Colorado State HOA law passed over the past three decades you would easily miss one important element that makes most HOA laws ineffective from the homeowner’s perspective: enforcement. The only viable, workable, accessible venue for dispute resolution between a homeowner and an HOA or property management company remains our court system. […]
CAI Urges Suspension of Fannie Mae and Freddie Mac Temporary Lending Guidelines for Condominiums and Cooperatives
Guidance from Fannie Mae and Freddie Mac introduced in late 2021 brings new project requirements for condominiums and housing cooperatives to ensure safety and structural stability following the partial collapse of Champlain Towers South condominium in Surfside, Fla., last June. However, the short timeframe of implementation and updated lender questionnaires have caught community association boards, […]
Preventing another Florida condo collapse
Florida lawmakers are moving quickly to prevent another deadly condo collapse. Legislation in the House and Senate would subject older condominium buildings in Florida to regular inspection, with the House measure going further to help ensure that structural problems are actually addressed. These are essential starting points in improving safety for millions of residents. Read […]
The Legislature is moving condo safety in the right direction (FL)
Florida lawmakers are moving quickly to prevent another deadly condo collapse. Legislation in the House and Senate would subject older condominium buildings in Florida to regular inspection, with the House measure going further to help ensure that structural problems are actually addressed. These are essential starting points in improving safety for millions of residents. Read […]
Proactive Condo Board Takes Steps to Prevent Tragedies (NY)
In early January, a massive fire roared through a Bronx apartment building, killing 17 people, including eight children. The cause was a space heater that apparently had been running for days inside an under-heated apartment. That tragedy comes on the heels of last year’s deadly collapse of the Champlain Towers South condominium in Florida, where […]
HOA 2022 Legislative Proposals: same flaws & cart before the horse (CO)
Here we go again with HOA legislative efforts that continue to miss the target on why all HOA State laws and HOA governing documents are mostly ineffective from the homeowner’s perspective: not one contains any means of enforcement. In addition, the multibillion-dollar HOA industry in Colorado is totally unregulated/has no oversight and those in the […]
Local governments should be ready to fill void on condo regulation (FL)
Tony Lennie, president of the Barclay Beach Club condominium board in Fort Pierce, said a mouthful recently. “A lot of the people who live in condominiums in Florida are there for a good time, they’re not there for a long time,” Lennie told a Treasure Coast Newspapers reporter. “They’re kind of hoping they can maybe […]
CAIR-Kansas Calls for Removal of Racist Language from Land Deeds
THE KANSAS chapter of the Council on American-Islamic Relations (CAIR-Kansas) is calling upon the state’s Democratic Governor, Laura Kelly, to issue an executive order mandating the removal of insulting, degrading and racist language from property records across the state. The organization has taken particular issue with the small eastern Kansas town of Roeland Park, which […]
Treasure Coast governments should be ready to fill void on condo regulation (FL)
Tony Lennie, president of the Barclay Beach Club condominium board in Fort Pierce, said a mouthful recently. “A lot of the people who live in condominiums in Florida are there for a good time, they’re not there for a long time,” Lennie told TCPalm reporter Sydney Czyzon. “They’re kind of hoping they can maybe get […]
We need better communication in Stone Creek (FL)
Communication is vital for relationships and all aspects of society. How things are communicated is also vital. Communications without specifics or which are vague can cause problems. Read the entire article……………………………….
Fla. Construction Defect Bill Would Hurt Consumer Interests
Last year, Florida politicians attempted to weaponize Chapter 558 of the Florida Statutes and eviscerate the cause of action for violations of the Florida Building Code. Thankfully, that legislation died in committee and never saw the light of day. Unfortunately, through H.B. 583 filed by Rep. Clay Yarborough, R-Jacksonville, and S.B. 736 filed by Sen. […]
CAI Recommends Mandatory Reserve Studies and Funding for Community Associations
Structural integrity in high-rise communities has been a focus after the tragic partial collapse of Champlain Tower South condominium in Surfside, Fla., in June. CAI’s recently released Condominium Safety Public Policy Report details public policy recommendations that can provide solutions for legislators addressing high-rise building safety in their districts. Read the entire article……………………………….
Hollis’ HB9 Misunderstands Property Rights (LA)
When a legislator fundamentally misunderstands the nature of property rights, he produces a bill like Republican state Rep. Paul Hollis’ HB 9. The bill cued up for the 2022 Regular Session would negate large swaths of homeowner association rules, although no one can say for sure just how extensively because of its incredibly broad language. […]
Editorial: South Carolina has lessons to learn from Florida condominium collapse
No one expects South Carolina will ever see the kind of dramatic building failure that killed 98 people north of Miami last June, when an entire side of a 13-story condominium collapsed as most residents slept. Of course, no one expected it would ever happen in Florida, either. Read the entire article……………………………….
Making Structural Integrity a Priority for High-Rise Communities
Structural integrity in high-rise communities has been at the forefront of discussion after the tragic partial collapse of Champlain Tower South condominium in Surfside, Fla., in late June 2021. CAI’s recently released Condominium Safety Public Policy Report details public policy recommendations in this area that can provide solutions for legislators addressing high-rise building safety in […]
California HOAs/Community Associations Have Been Hit With Massive Increases in Premiums and Outright Cancellation// Call to Action
Many California community associations are dealing with massive and significant increases in their insurance premiums. These increases were not anticipated and as a result they are unbudgeted requiring that boards levy emergency special assessments, borrow from reserves or otherwise find the money to pay the increased cost of insurance. Read the entire article……………………………….
Fight over money after condo collapse (FL)
What could possibly make the Surfside, Fla., condo collapse even more tragic? A fight over money. Survivors and heirs are at odds over who is entitled to what, who is to blame for the collapse that killed 98 people and how to fairly divide money from insurance, lawsuits and charitable contributions. Read the entire article……………………………….
Surfside: Could regular inspections prevent another tragic condominium collapse
More than five months after it happened, we still don’t know exactly what caused the collapse of a high-rise condominium in a Miami suburb that killed almost 100 people and left many others homeless. Read the entire article……………………………….
Homeowners do have a choice [letter] (PA)
The writer of the letter about renewable energy (“Pennsylvania needs solar access law,” Nov. 7) is to be commended even if the argument for a solar access law is, in my view, misguided by a passion for the same. Homeowners in an association do not have their “rights come second to the whims of boards […]
EDITORIAL: A POA overstepping into gun use policy? Why? Guns and POAs? (CA)
People pull triggers in their own homes out of ignorance, accident, fear, mental illness and sometimes a taste for violence. People pull triggers on a shooting range for sport, or during deer season for what they consider their love of the great outdoors and the thrill of the hunt. Our little piece of the planet […]
Questions on fiduciary duty and Bayside (DE)
One must question the sincerity of the Carl M. Freeman Companies’ stated core values, as found on their website, of always being respectful, forthright, and ethical in their operations and oversight of the communities they develop. Read the entire article……………………………….
OPINION: Heron Bay President Packs His Bags; Resigns from 3 Governing Bodies (FL)
Vogel’s departure comes at a difficult time for Heron Bay residents, as NSID and other government officials are orchestrating a massive commercial development to be built within the residential community. Read the entire article……………………………….
Apple debuts trailer for ‘Twas the Fight Before Christmas’
Apple shows off the first trailer for the upcoming Apple TV+ documentary about a Christmas-loving-lawyer bent on spreading Christmas cheer to his neighborhood. “Twas the Fight Before Christmas” follows the true story of Jeremy Morris, a.k.a “Mister Christmas,” a lawyer obsessed with bringing Christmas to his North Idaho neighborhood. Read the entire article……………………………….
Condo boards have ‘really gotten away with a lot.’ It’s time for real rules to protect owners
When I first saw a “Make America Florida” bumper sticker promoting Florida Governor Ron DeSantis for president, I thought of the record floods and temperatures across the country this summer and envisioned beachfront property extending into the Midwest. But as one of almost 74 million American homeowners who live in condos, co-ops, and homeowner associations, […]
Letter to the editor: Condo owners will suffer from minimum wage hike, too (CA)
Regarding the new minimum wage increase law, was there any kind of carve-out for non-profits, specifically for condominium associations?Or was any kind of consideration given to the impact this new law would have on condominium associations? Read the entire article……………………………….
Release of conservation easement on gopher tortoise lands a far more difficult process than described by Rock Springs Ridge HOA (FL)
When a parcel of land is deeded as a conservation easement in Florida, it’s usually a perpetual agreement between the landowner and the Florida Fish and Wildlife Conservation Commission (FWC). It’s designed to protect the environment and wildlife on that land forever, therefore it’s a difficult and costly process to reverse. Read the entire article……………………………….
HOA Property Manager Licensing Program may get reinstated (CO)
The Homeowners Association (HOA) property management industry (aka HOA Community Association Managers) oversees and spends billions of homeowners’ money each year in Colorado and has NO regulatory oversight. CAM’s were required to be licensed in July 2015 and this continued through June 2019 when the Governor vetoed a Bill to continue the licensing program. Read […]
HOA Sign/Flag Restrictions mostly a thing of the past (CO)
SIGNED INTO LAW: HB 21-1310, HOA Flag Bill. The act attempts to simplify and broaden HOA (homeowners association) homeowners’ rights concerning the display of any noncommercial flags or signs. It allows flag/sign displays at any time with any message, subject only to reasonable, content-neutral limitations such as the number, size, or placement of the flags […]
A plan for post-Surfside condo law reform (FL)
Imagine checking into a hotel tomorrow. You are greeted at the front desk and, after a night’s stay, at checkout, you are presented with a bill that is $100,000 more than the standard room charge of $100 per night you were advised of prior to check-in. When you dispute the bill, the hotel manager explains […]