• Bill Seeks to Raise Emission Caps, Delay Penalties for Garden Co-ops and Condos (NY) April 26, 2024
  City Councilmember Linda Lee, a Queens Democrat, has introduced a new bill that updates an old idea. The bill, known as Intro 0772, seeks to delay penalties and increase carbon emission caps for thousands of buildings that must comply with Local Law 97.   Read the article…………………………….
• House Bill 1029: My Safe Florida Condominium Pilot Program April 25, 2024
  This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage.   Read the article…………………………….
• Colorado Senate to consider bill to further regulate towing industry April 24, 2024
  Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing.  The issue caught fire last summer when Gonzales found her car had been towed, believing it was illegal.    Read the article…………………………….
• Foreclosure Bill Passed House, Now in Senate—Potential Impacts on Your HOA (SC) April 24, 2024
  As recently reported in previous articles, the South Carolina Legislature is considering a bill that impacts the ability of community associations to collect assessments from non-paying members of their communities. As originally drafted, the bill would have eliminated a community association’s ability to foreclose.  Read the article…………………………….
• Florida Legislature Approves $30M for Condominium Storm-Proofing Grants April 23, 2024
  The state’s lawmakers passed the bill enacting the new My Safe Florida Condominium Pilot Program with unanimous votes in both chambers, and it is now awaiting its expected approval by Gov. Ron DeSantis. The program, which is an extension of the My Safe Florida Home program that offers grants for improvements to single-family homes, will assist condominium associations with the costs of storm-proofing property improvements.    Read the article…………………………….
• Gov. Jared Polis signs bill barring HOAs from prohibiting home-based businesses (CO) April 22, 2024
  Gov. Jared Polis has signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session.  Under Senate Bill 134, a home-based business must still comply with an HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. The operation of a home-based business must also be compliant with local noise and nuisance ordinances.    Read the article…………………………….
• Architectural Review Committees – Their Powers Get Slashed (FL) April 22, 2024
  HB 1203 made some major changes regarding architectural review committees. To sum it up, their powers were greatly slashed. Let’s take a look:  An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.      Read the article…………………………….
• Gov. Jared Polis signs bill to protect Colorado’s home-based businesses from HOAs April 20, 2024
  Gov. Jared Polis signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session.  Under Senate Bill 134, a home-based business must still comply with the HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. The operation of a home-based business must also be compliant with local noise and nuisance ordinances.    Read the article…………………………….
• House passes bill making it easier for condo owners to install solar (CT) April 19, 2024
  The bill serves as an expansion of the solar rights of members of common interest communities, which include condominiums, community apartments, planned developments, etc. A provision in the State’s Clean Air Act, passed in 2022, already prohibited common interest communities from adopting or enforcing rules that would prohibit community residents from installing solar panels. That law did not, however, include condominiums or housing cooperatives.   Read the article…………………………….
• State law passed after Hurricane Ian negates Sarasota’s move to control taller buildings (FL) April 19, 2024
  Aloophole in Sarasota’s development rules city officials closed last year has been reopened by a state law passed after Hurricane Ian, setting the stage for potential construction of the tallest building downtown and the opportunity for developers to build even more in coming months.     Read the article…………………………….
• HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) April 17, 2024
  When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes to already-mandated policies and resulted in additional expenses be incurred to comply with the new laws.   Read the article…………………………….
• Homeowners urge lawmakers to take action on bill addressing defective home construction (CO) April 17, 2024
  When your home is built poorly, it can be hard to hold builders accountable, or even get repairs done. A bill moving through the Colorado legislature would make it easier for homeowners to get the fixes they need.  “It’s only about having the repairs done properly,” said Janine Musser, a Colorado homeowner.     Read the article…………………………….
• Boca Raton Building Recertification Ordinance: A Comprehensive Guide for Building Managers and Condominium Governing Boards (FL) April 16, 2024
  Fresh off our recent article highlighting Boynton Beach’s new building recertification requirements, we highlight Boca Raton’s updated Building Recertification program. This article covers everything you need to know about Boca Raton’s Building Recertification Program (Ordinance 5589) and the significant changes it makes to the way building recertification is conducted. It ultimately focuses on what it means for your commercial building or condominium and compliance process. Let’s jump right in.    Read the article…………………………….
• State lawmakers take steps to limit HOA foreclosures, equity loss after Colorado Sun investigation April 15, 2024
  A pair of bills advancing through the Colorado legislature this year would make it harder for homeowners associations to foreclose on their members for unpaid assessments, while giving property owners a better shot at walking away with some of their equity should they lose their homes.   Read the article…………………………….
• New nationwide laws limit power of homeowners associations to dictate residents’ yards — here’s why it’s important April 12, 2024
  Across the U.S., a growing legislative trend is empowering homeowners to cultivate native plants in their yards, even when homeowners associations forbid it.  In 2022, 84% of new, single-family homes belonged to an HOA that sets landscaping rules, according to the U.S. Census Bureau. But thanks to new state laws, HOAs in some areas can no longer require pristine grass lawns or prohibit native vegetation.    Read the article…………………………….
• Amended construction defects bill passes Colorado Senate but still lacks homeowner group’s support April 12, 2024
  The Colorado Senate passed a watered down version of a contentious bill on Thursday that sponsors hope will reduce insurance costs for condominium construction in the state and spur the development of that type of housing. SB-106 would have added a right-to-repair path to resolve faulty construction issues outside of the costly litigation process and would have defined when a lawsuit is appropriate, therefore limiting the instances a homeowner might sue their developer. Homeowners would have the option to have the builder or a third party perform the corrective work under the right-to-repair process.    Read the article…………………………….
• Bill advances to give condo owners a new way to buy into rooftop solar (HI) April 10, 2024
  Condo owners may have a new pathway to access benefits from rooftop solar.  The Hawai?i Senate is considering a bill to create a Solar Hui Program, allowing multi-family property owners to pay into a collective investment fund that would go towards energy projects and loans.   Read the article…………………………….
• What are Florida’s new homeowners association laws? How to find your HOA’s rules April 9, 2024
  More than 75 million Americans live in subdivisions, condo buildings and other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules.  And Floridians who live in places with homeowner associations now have laws protecting their right to know what their dues are paying for.    Read the article…………………………….
• House Bill 1203 – Continued (FL) April 8, 2024
  If the unit owners elect to do so, they can vote for the association to prepare a lesser year-end statement than what is required by law. The law has changed and now states:  An association may not prepare a lesser financial statement than what is required by law for consecutive fiscal years.    Read the article…………………………….
• Legislature adds teeth to Florida’s community association fraud laws April 8, 2024
  In response to cases such as the alleged theft of more than $4 million at the Hammocks HOA in Kendall and the arrests of four of its former board members and one of their spouses, the Florida Legislature has passed two bills to strengthen criminal penalties for association fraud and malfeasance. The bills, which were passed with unanimous votes in both chambers of the legislature, are now pending final approval by Gov. Ron DeSantis.     Read the article…………………………….
• Arizona Law Mandates Open Meetings for Planned Communities April 7, 2024
  In Arizona, homeowners’ associations are governed by a law that promotes transparency and resident participation. The statute, A.R.S. § 33-1804, is part of the state’s Planned Community Act and requires associations to conduct open meetings with only a few narrow exceptions.  Subsection (A) of the law sets forth the general rule: all meetings of an association and its board must be open to all members, who are entitled to attend and speak.     Read the article…………………………….
• Legislature Adds Teeth to Florida’s Community Association Fraud Laws April 7, 2024
  The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to create and maintain them with ill intent. They also call for second-degree misdemeanors……Read the article…………………………….
• New Arizona law targets relics of race-based housing discrimination April 6, 2024
  Peter Williams thought he had the law on his side last year when he led an effort to remove ugly and illegal housing restrictions that still appeared in the founding documents of his Tucson neighborhood.  Now he knows it for sure.    Read the article…………………………….
• Changes to the Homeowners’ Association Act: HB 437 Expands Property Owners’ Rights to Use Their Property (FL) April 5, 2024
  “Why does the HOA care what I do in my backyard?” is an all-too-common question posed by homeowners. Responsible for maintaining the community rules, facilities, and appearance, homeowners’ associations have an important role in upholding community standards. However, a common complaint amongst owners revolves around their homeowners’ association’s (“HOA”) authority to govern what happens in the back or side yard of a home out of sight of the rest of the HOA.    Read the article…………………………….
• Legislature Adds Teeth to Florida’s Community Association Fraud Laws April 4, 2024
  The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers.  Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to create and maintain them with ill intent.  Read the article…………………………….

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