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Legislation Articles

/ Owner - September 1, 2015
  • Energy bill affecting HOA’s on Governor’s desk (MI) June 20, 2024
    A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain state and local governmental officers and entities. Read the article (PDF)…………………………….
  • 765 ILCS 1085: What Community Associations need to know about the Illinois Electric Vehicle Charging Act June 20, 2024
    Requests to install electric vehicle charging stations have become commonplace in Illinois community associations. By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles. The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in the Illinois legislature enacting the Electric Vehicle Charging Act, which took effect on January 1, 2024. This article will discuss the new legal requirements under the Illinois Electric Vehicle Charging Act and best practices that community associations can implement to manage requests to install electric vehicle charging stations.   Read the article…………………………….
  • Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL) June 20, 2024
    The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon.    Read the article…………………………….
  • New Hawaii bills aim to ease financial strain for condominium communities June 19, 2024
    What if your condominium’s insurance premium increased from $400,000 to $3.3 million in one year?  That’s what happened to the Peninsula at Hawaii Kai. The Hawaii community, consisting of 630 single and multifamily apartment homes and condominiums, was shocked, to say the least.    Read the article…………………………….
  • New 2024 Florida Legislation Impacting Community Associations June 19, 2024
    Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024.  This session, there are four main bills that impact community associations: HB 59, HB 1203, HB 1029, and HB 1021.    Read the article…………………………….
  • Florida Governor Signs Senate Bill 382 Into Law June 18, 2024
    After a very active legislative session, we report another legislative update impacting community association managers. Florida’s Governor signed Senate Bill 382, which deals with continuing education requirements and becomes effective on July 1, 2024. Our summary of the changes    Read the article…………………………….
  • Vertical Subdivisions Receive Recognition in 2024 Amendments to the Condominium Act (FL) June 18, 2024
    This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple parcel building.” It provides for, among other things, statutory recognition of what is known in the industry as a “vertical subdivision,” a building containing more than one type of primary use in a single structure.    Read the article…………………………….
  • 2024 Public Policy Legislation (CO) June 18, 2024
    It has been quite some time since the HOA industry in Colorado has seen as much legislation as we saw this year! Of the 13 bills signed by the Governor, three pertain to public policy, which is a clear trend in legislative goals: HB24-1091 – Fire-hardened building materials, HB24-1152 – ADUs (accessory dwelling units), and SB24-134 – home-based businesses.   Read the article…………………………….
  • Florida Law Shifts Control of Mixed-Use Common Areas June 18, 2024
    A legal fight is brewing over a new state law in Florida that gives developers more control over common areas in mixed-use buildings where residential condos share the premises with a hotel, among other uses.  Mixed-use condo buildings aligned with prominent hotel brands that run them like resorts has been a popular business model in South Florida for years.    Read the article…………………………….
  • Significant Changes to Condominium Act: HB 1021 Signed – Effective July 1, 2024 (FL) June 18, 2024
    Today, Governor DeSantis signed HB 1021, which places significant new burdens on condominium managers and directors. This bill is effective July 1, 2024, although some new requirements have later effective dates.    Read the article…………………………….
  • HB1203, HB59 & HB293 to Affect Florida HOAs June 18, 2024
    On May 31, 2024, Governor DeSantis signed the largest of three new bills that will have a significant impact on homeowners’ associations (HOAs). House Bill 1203, House Bill 59, and House Bill 293 introduce a range of new requirements and regulations that HOAs must comply with. The effective date for HB1203 and HB59 is July 1, 2024, while the effective date for HB293 was May 28, 2024.   Read the article…………………………….
  • New law means fewer restrictions for people in HOA communities (FL) June 18, 2024
    A new law takes effect less than a month from now that will impact people who live in communities in Florida governed by homeowners’ associations.  The new law will mean significant changes for HOA residents. People who live in HOA communities typically have a strict list of dos and don’ts.   Read the article…………………………….
  • Community Interest Legislative Changes 2024 (AZ) June 17, 2024
    There are several legislative changes from the Arizona Legislature in 2024 that could potentially affect your HOA or Condominium Association. Click the link below to read our summary of these changes.    Legislative Changes 2024………….
  • SC Community Association Legislative Update – June 17, 2024 June 17, 2024
    With the second regular session of the 125th South Carolina General Assembly now adjourned, it is time to look at where things are now that the session has ended. Over this most recent legislative session, South Carolina saw a number of bills potentially affecting homeowners associations and condominiums filed.   Read the article…………………………….
  • Understanding the New Law on Hurricane Protections for Homeowners’ Associations (FL) June 17, 2024
    Specifically, the new law states that all Florida homeowners associations, regardless of when they were first established, must adopt hurricane protection specifications for all of the structures and types of improvements located on a parcel within their community.    Read the article…………………………….
  • New state laws will impact homeowners, insurance providers and HOAs starting July 1 June 15, 2024
    At least nine of the (so far) 144 new state bills signed by Gov. Ron DeSantis are designed to assist homeowners and condo owners in some fashion, whether it impacts insurance, HOA regulations, grants to harden condos (and homes), or even how long a builder must warranty a new home.   Read the article…………………………….
  • Support Grows for Bill to Cut Carbon-Emission Fines for Co-Ops, Condos (NY) June 15, 2024
    At last, some good news for middle-class co-ops and condos struggling to comply with Local Law 97. A bill to soften the climate law’s sting has gained the support of 25 members of the New York City Council — just one vote shy of the majority that would push the bill through to passage.   Read the article…………………………….
  • DeSantis quietly signs controversial condo bill. Owners are already threatening to sue (FL) June 14, 2024
    Gov. Ron DeSantis on Friday quietly signed a controversial condominium bill into law that unit owners are already threatening to sue over if lawmakers don’t fix certain provisions next legislative session.  Read the article…………………………….
  • Governor signs “Condo 3.0” into law, cracks down on wayward boards (FL) June 14, 2024
    A measure that provides new criminal penalties for misbehaving condominium boards is now law, after Gov. Ron DeSantis signed H.B. 2021 on Friday afternoon.  The legislation was spearheaded by State Rep. Vicki Lopez, R-Miami, who held multiple meetings with condo owners who complained that associations were falling short of transparency objectives. One of the sessions was on Key Biscayne, where more than half of the island’s 15,000 people live in condominiums.    Read the article…………………………….
  • Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide Members with Copies of Covenants and Rules (FL) June 14, 2024
    On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law.  Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows:  Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter;    Read the article…………………………….
  • Captives for HOAs? A New Utah Regulation Allows the Alternative Risk Transfer Solution to Extend into Personal Lines June 14, 2024
    As homeowners insurance carriers across the country pull out of regions with significant catastrophe risk, Utah is piloting an innovative solution: allowing homeowners associations (HOAs) to form their own captives to offer homeowners insurance policies to their members.   Read the article…………………………….
  • New Florida Law Requires HOAs to Provide Members with Association Rules and Covenants June 13, 2024
    Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, in the event of any amendments or alterations to these rules or covenants, updated copies must be promptly distributed to members. Prior to October 1, 2024, all existing HOAs must provide a physical or digital copy of the association’s rules and covenants to every member of the association.    Read the article…………………………….
  • New Requirements for Condominium Association on Inspections of Official Records (FL) June 12, 2024
    The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners. The association should have reasonable rules in place regarding records requests.  Read the article…………………………….
  • Homeowner Association Architectural Review Standards (FL) June 12, 2024
    Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney.    Read the article…………………………….
  • Yes, new Florida law places limits on reasons HOAs can fine you June 12, 2024
    Homeowners’ associations oversee everything from what your yard or house can look like, to parking and noise.  Florida has more HOAs than any state in the country, other than California. Roughly 45% of Floridians live in communities with an HOA which requires average payments ranging from $100 to $500 each month, according to this Miami real estate law office.     Read the article…………………………….

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