Florida lawmakers are trying to balance safety and solvency by reshaping one of the state’s most sweeping post-disaster building reforms. This week, Governor Ron DeSantis announced plans to sign House Bill 913, a measure that rewrites parts of the state’s landmark condo safety legislation passed after the deadly 2021 Surfside collapse.   Read the article…………………………….

Golfers sustaining injury while out on the links is sometimes “par for the course”. Due to the nature of the sport, California courts consistently apply the “assumption of the risk” doctrine to claims by golf participants against golf course operators for injuries sustained from risks that are inherent in the sport itself.    Read the article…………………………….

A new law has opened the door for owners of certain large mixed-income housing developments to partially convert to condominiums in order to protect at-risk affordable housing units in New York City.   Read the article…………………………….

Homeowners’ associations rely on timely payments to maintain shared spaces, fund repairs and keep the community running smoothly. However, some homeowners fall behind on payments. One of the most effective legal tools available to HOAs is the ability to place a lien on the property.   Read the article…………………………….

As of March 26, 2025, the Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) has issued an interim final rule that exempts all U.S.-based entities, including condominium and homeowners associations (HOAs), from the requirement to report beneficial ownership information (BOI) under the Corporate Transparency Act (CTA).    Read the article…………………………….

Community associations play an integral role in the community. However, community associations that attempt to enact “no children” policies likely run afoul of federal law. That was the case in Simovits v. Chanticleer Condominium Association, 933 F. Supp. 1394 (N.D. Ill. 1996), where the U.S. District Court for the Northern District of Illinois held that a “no children” occupancy rule violated the Fair Housing Act.    Read the article…………………………….

Utah’s 2025 legislative session introduced significant changes to the way homeowners’ associations (HOAs) operate, thanks to House Bill 217. The bill, which took effect on May 7, 2025, touches many aspects of HOA governance.    Read the article…………………………….

The wide-ranging bill (HB 913), approved unanimously by the House and Senate, has not been formally sent to DeSantis, who made revising condo laws one of his top priorities of this year’s legislative session   Read the article…………………………….

Whether you’re a community association manager, board member, or resident, having a firm grasp on the legal reserve fund and reserve study requirements in your state is crucial to your community’s well-being. Prior to the tragic collapse of Champlain Towers South in June of 2021, many states already had legislation requiring reserve studies and the funding of condo and HOA reserves, but the collapse catalyzed additional states implementing similar legislation    Read the article…………………………….

Co-op and condo board decisions get questioned all the time. If aggrieved parties take a board to court, the court will examine the decision from a couple of perspectives. Did the board carry out its fiduciary duty? And was the decision made in good faith? If a board fails to fulfill these responsibilities, a court can step in and overturn a board decision.   Read the article…………………………….

California lawmakers could consider a bill next year to make Homeowners Associations (HOA) operate more like regulated governmental bodies.  CalMatters reported earlier in May that Asm. Joe Patterson (R–Rocklin) is considering a bill next year that would make HOAs subject to the open meeting laws that are required for local governments.    Read the article…………………………….

When you purchase property in a master-planned resort community, it’s easy to assume that all amenities such as yacht clubs, golf courses, or clubhouses are simply part of the package. But what happens when the fine print in your master deed obligates you to become a member of a private club, and then that club changes?  That’s exactly what happened in the case of Brusher v. Bay Harbor Yacht Club. This unpublished 2004 Michigan Court of Appeals decision clarified the ...

The Florida Supreme Court on Thursday declined to consider a petition in a condominium insurance case, leaving in place conflicting rulings from Florida appeals courts. The non-decision in American Coastal Insurance vs. Patios West One Condominium Association, stemming from a Hurricane Irma claim, means that, at least in part of the state, insureds do not always have to provide an additional damage estimate when filing a supplemental claim.   Read the article…………………………….

What developers, insurers, lenders, and others should know about this pending legislation in Oregon.   Oregon’s condominium sector has seen a significant decline in new construction over the past decade, prompting renewed legislative interest in how these projects are regulated and managed. House Bill 3746 A proposes several adjustments to existing statutes—including a shorter seven?year statute of repose for construction?defect claims, mandatory moisture?intrusion testing at key post?completion milestones, and updated notification and voting procedures for homeowners’ associations.    Read the article…………………………….

The Florida Legislature ended in a real blockbuster way in regards to new condo legislation. In the end The Florida House and The Florida Senate agreed on ONE BIG BILL that is 191 pages long. It passed the Senate unanimously and in the House there were only 2 opposed. Obviously, we can’t talk about the entire contents of the bill in one blog. It will take several, but today let’s discuss the big RESERVE FUND CHANGES.    Read the article…………………………….

As the saying goes, we cannot choose the family to whom we are related. But courts across the country regularly grapple with choosing whether multiple lawsuits and other insurance claims are indeed related, including most recently the federal District Court of Hawaii in the case of Great American Insurance Company v. Discovery Harbour Community Association, 2025 U.S. Dist., LEXIS 26654 (D. Haw. Feb. 3, 2025).   Read the article…………………………….

What a difference a year makes. Last April, middle-class co-op and condo residents — especially those living in garden complexes — cheered when city council member Linda Lee introduced Intro 772, a bill designed to soften the sting of the city’s climate law, Local Law 97.   Read the article…………………………….

The 2025 Colorado Legislative Session is in full swing, folks! And, in what has become the norm, there are a number of pending legislative bills that affect community associations. We are tracking some of the key bills that will affect associations through the Altitude Legislative Tracker. However, here is a brief summary of the bills that we believe will impact associations the most if the bills are signed into law.   Read the article…………………………….

Always ensure that material known facts and defects are disclosed to the buyer; and pursuant to Article 2 of the NAR Code of Ethics, avoid exaggerating, misrepresenting, or concealing pertinent facts related to a property or to a transaction.   Read the article…………………………….

Last April, middle-class co-op and condo residents — especially those living in garden complexes — cheered when city council member Linda Lee introduced Intro 772, a bill designed to soften the sting of the city’s climate law, Local Law 97. Lee’s bill would allow co-ops and condos to include green spaces such as lawns and gardens as part of their square footage, which would raise a building’s allowable carbon emissions — and help them avoid costly retrofits or crippling fines ...

HOUSE BILL 913 – Part One    HOUSE BILL 913 – Part Two    HOUSE BILL 913 – Part Three

A bill moving through the North Carolina General Assembly could limit the power of homeowners associations across the state. Senate Bill 378 passed the state Senate 47-0 last week and now heads to the House for consideration. If approved, the bill would place a cap on HOA fines, bar foreclosures over unpaid HOA fines, and ban HOAs from fining people who run home businesses like music lessons or tutoring services.     Read the article…………………………….

In a decision with significant consequences for mortgage servicers and lenders operating in jurisdictions with super-priority lien statutes, the District of Columbia Court of Appeals ruled on April 10 that Flagstar Bank’s mortgage lien on a condominium unit was extinguished by a 2014 foreclosure sale carried out by the building’s condominium association—even though the sale notice stated the property would be sold subject to the mortgage.    Read the article…………………………….

In a victory for common sense, the Pennsylvania House passed legislation today that would ensure Pennsylvanians are free to dry their clothes outside at their own home.  Authored by state Rep. Lisa Borowski, D-Delaware, the measure is aimed at residents of condominiums, cooperatives and planned communities where homeowners’ associations, also known as HOAs, have banned the traditional practice.   Read the article…………………………….

Since the collapse of the Champlain Towers South Condominium in Surfside, Florida during 2021, adequate funding for building reserves has become a much-discussed topic. Under Section 11-109.4 of the Maryland Condominium Act, condominiums have been required to have reserve studies performed at least every five years. However, the law has only required that the reserve study be available for inspection by the unit owners; that the reserve study be “reviewed” by the board or other governing body in connection with ...

It’s long been a goal of Oregon’s elected leaders to increase home construction as a way to mitigate the homeless problem and get others into affordable home ownership. The current Oregon legislature is debating House Bill 3746, which would shorten the window to sue developers for construction defects from 10 years to 7 years.    Read the article…………………………….

For National Day Without Child Care, some providers in the Las Vegas valley took the day off to rally at Paradise Park where they advocated for AB185, which would require HOAs to allow licensed, in-home child care facilities. The bill passed in the assembly and is making its way through the State Senate.    Read the article…………………………….

Their roof is aging and members have been battered with multiple years of gargantuan insurance increases, so a Pembroke Pines condominium association made sure they were among the first in an avalanche of applications for state condo-hardening grants.   Read the article…………………………….

A significant settlement has been reached in the ongoing lawsuit involving the board of directors of Renaissance Tower and its current and former condominium unit owners. The proposed settlement, totaling $1.25 million, aims to resolve claims that the board concealed the building’s deteriorating conditions, ultimately resulting in millions of dollars in repair assessments for residents.   Read the article…………………………….

In a recent decision, Sandoval v. Willow Lake Estates Home Owners Association, Inc., the Indiana Court of Appeals has reaffirmed and expanded its stance on the authority of a homeowner’s association to collect assessments. Building upon its earlier ruling in Feather Trace Homeowners Ass’n, Inc. v. Luster, the Court in Sandoval has confirmed that a homeowner may not withhold payment of assessments due to the Association’s failure to conduct certain corporate actions not mandated to be conducted by the governing ...

Yesterday, the U. S. Treasury Department issues a press release stating that it will not enforce the BOI Reporting Requirements against U.S. citizens and domestic reporting companies. The press release states, “not only will it not enforce any penalties or fines associated with the beneficial ownership information reporting rule under the existing regulatory deadlines, but it will further not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners after the forthcoming rule changes ...

Legislation sent to Colorado Gov. Jared Polis for signature after its passage before the state legislative session ended May 7, seeks to incentivize builders to build much-needed multifamily housing through a program that makes construction defect liability insurance more attractive by lowering their premiums.     Read the article…………………………….

State lawmakers want to restrict the powers of homeowners associations, proposing legislation that would address everything from unpaid dues to parking regulations. Both the House and Senate advanced separate bills Tuesday to regulate HOAs. The legislation has bipartisan support, and bill sponsors say the changes are needed to address property rights.   Read the article…………………………….

Minnesota Governor Tim Walz signed a bill into law on Thursday, May 8, giving service dogs in training the same protections and support as active service dogs. This affects HOAs that have rules that disallow dogs on the property.   Read the article…………………………….

Senate Bill 378, recently passed by the North Carolina Senate, contains a provision that could unintentionally cause enormous financial harm to North Carolina’s 15,000+ homeowner and condominium associations . If left uncorrected, this language would punish the homeowners who pay their dues on time—while giving a free pass to those who don’t.  Read the article…………………………….

The Utah general legislative session for 2025 was January – March 2025. All of the following laws go into effect May 7, 2025. Read the article…………………………….

Senate Bill 378 (“HOA Revisions”) passed its third reading in the North Carolina Senate today. However, this does not mean its provisions are now law. For any bill to become law, it must be approved by both the Senate and the House in identical form. SB 378 now moves to the North Carolina House for further consideration.   Read the article…………………………….

Recent legislative changes under Senate Bill 900 (SB 900) have made notable updates to the Davis-Stirling Common Interest Development Act. These changes are especially important for California homeowners’ associations (HOAs), as they directly impact maintenance obligations, reserve funding, and emergency financial planning. Here’s what your board needs to know and how your HOA can prepare.   Read the article…………………………….

Both board members and homeowners should familiarize themselves with the Open Meeting Act in HOA communities. This law, found in many states, allows homeowners to attend board meetings. An association’s governing documents may also contain similar provisions.   Read the article…………………………….

We have written a handful of articles about the new Pennsylvania Annual Reporting requirements for all entities in Pennsylvania. This could be a bit confusing, because the Pennsylvania reporting requirements started around the same time as the federal Corporate Transparency Act (CTA) and its beneficial owner registration process. Most entities do not need to register under the CTA right now. But the Pennsylvania requirements are still in place.   Read the article…………………………….

House Bill 3746 A would shorten the time frame for condo owners to sue for construction defects in condominiums from 10 years to seven years. (Colorado, Nevada and Washington allow six years, as this bill originally did before being amended.) The bill would also require developers to test new buildings for moisture intrusion at two and six years after completion and share the results of the testing with condo owners.    Read the article…………………………….

The authority to collect late charges and interest does not need to be in the governing documents; it is granted by Civil Code § 5650(b). If an assessment is delinquent, associations may recover all of the following: Read the article……………………………. Fines are nonconsensual and are not consumer-related since they arise from a violation of the association’s internal rules. Accordingly, fines are not debt for purposes of the FDCPA. (Nabatmama v. Ross Morgan)

The Minnesota Senate approved legislation Tuesday that would cap homeowners’ association fees, require board members disclose conflicts of interest and establish new rules to settle contentious HOA disputes.   Read the article…………………………….

Florida lawmakers late last week gave final approval to a long-debated condominium bill, one designed to give condo owners a little relief on the high cost of bringing structures up to code. But the final version of the bill seems to have divided the condo insurance community. Some in the industry now worry that House Bill 913 went too far and may have inadvertently given owners options that could thwart spending on repairs or allow buildings to be undervalued and ...

State lawmakers want to restrict the powers of homeowners associations, proposing legislation that would address everything from unpaid dues to parking regulations. Both the House and Senate advanced separate bills Tuesday to regulate HOAs. The legislation has bipartisan support, and bill sponsors say the changes are needed to address property rights.   Read the article…………………………….

Today, the Senate passed Senate File 1750, a bill to reform homeowners associations (HOAs) and common interest communities (CICs). The bill aims to protect individual homeowners and set clear guidelines for HOA and CIC boards. The bill language stems from the 2024 working group on Common Interest Communities and Homeowners Associations,     Read the article…………………………….

In the wake of the tragic 2021 collapse of the Champlain Towers South condominium in Surfside, Florida lawmakers moved swiftly to overhaul the state’s condominium safety regulations. While the urgency of the response was understandable, critics have argued that some of the resulting legislation—passed in a matter of months—may have imposed sweeping obligations on community associations without sufficient time for input or adjustment.    Read the article (PDF)…………………………….

The North Carolina House Commerce Committee and Senate Judiciary Committee advanced companion bills on Tuesday that target homeowners’ associations (HOA). The bills aim to provide additional protections for homeowners by enhancing transparency, limiting fines, and curbing abusive foreclosure practices.   Read the article…………………………….

A homeowners association’s or condominium association’s Board of Directors (“Board”) is tasked with governing their association according to the terms described in the association’s governing documents. Generally, a Board has broad discretion regarding how to carry out this governance, but there are some legal doctrines and case law that limit a Board’s discretion. This article will describe some of these limitations; specifically promissory estoppel, equitable estoppel, and the law emanating from the case of Riss v. Angel related to approval ...

The Minnetrista City Council approved a resolution at its April 21 meeting opposing Minnesota House File 4124 (HF 4124) and Senate File 4689 (SF 4689), which propose reforms to homeowners associations (HOAs) and common interest communities. The move follows the council’s earlier opposition to other state housing bills this legislative session, shared in a joint letter with other Lake Minnetonka communities to Senator Ann Johnson Stewart (DFL), raising concerns about the potential loss of local control.    Read the article…………………………….