- Lawmakers to refile bill to stop HOAs from taking people’s homes after Channel 2 investigation (GA) May 8, 2024
Just a day after Channel 2 Action News aired an investigation into people losing their homes over aggressive homeowners’ associations, we have learned that lawmakers plan on refiling legislation to prevent people from losing their homes in the future. Several state representatives said they will refile House Bill 1032 which would make it illegal for HOAs to foreclose on a home because of unpaid fees. Read the article…………………………….
- Big Changes to Condo Record Laws (FL) May 6, 2024
If the association is still doing things the old fashioned way and making deposits by filling out a deposit slip and going inside to see the teller, that deposit receipt issued by that teller is now an official record of the association and unit owners are entitled to see it. Read the article…………………………….
- Some Arizona property deeds contain racist restrictions. A new law seeks to nullify them May 6, 2024
Dianne Post didn’t believe it until she saw it, right there in the deed to her central Phoenix home. “Sure enough, on page 13 there it is: ‘This property may only be sold only to Caucasians’,” Post said, reading from her paperwork. Racially based restrictions on property sales are unenforceable. But a new law that takes effect later this year will allow Arizona property owners who have such restrictions written into their deeds or covenants, conditions and restrictions, known as CC&Rs, to effectively nullify the language. Read the article…………………………….
- Effort to limit lawsuits over construction errors — and in turn boost Colorado condominium construction — fails at Capitol May 6, 2024
An effort to encourage condominium construction in Colorado by reducing the chance of lawsuits over building errors failed in a state House committee Friday evening, a sign of how complicated and politically fraught the issue is. Senate Bill 106, the so-called construction defects bill, was unanimously rejected by the House Transportation, Housing and Local Government Committee at the request of one of the legislation’s main sponsors, Rep. Shannon Bird, a Westminster Democrat. Read the article…………………………….
- New Hawai‘i law aimed at tackling illegal short-term rentals, provides counties with home rule authority May 5, 2024
Gov. Josh Green touts it as a pivotal tool to tackle Hawai‘i’s housing crisis. Opponents say it doesn’t even address the real causes of the housing shortage. No matter which side you’re on, it’s significant for the state’s short-term rental industry. Green on Friday signed Senate Bill 2919 into law. The bill is aimed at ensuring the state’s four counties can guide their future development according to their long-term general plans while addressing the issue of illegal short-term rentals. Read the article…………………………….
- WUCIOA For All (But Not Yet) (WA) May 4, 2024
In 2028, all of us who reside in community associations, whether we reside in condominiums, co-ops, planned use developments (“PUD”s) or homeowners associations, will be governed by one statute, the Washington Uniform Common Interest Ownership Act (“WUCIOA”). Until then, we continue to understand that the time at which our condominium or homeowners association was created dictates which current act governs our ability to do certain things within our communities. Our governing documents, CCRs, Bylaws, and Rules, all still supplement the applicable statute, as long as they create no conflicts with the applicable act. Read the article…………………………….
- Florida tightens condo insurance claim deadlines to ease disputes May 4, 2024
New legislation signed into law this week sets clearer, stricter deadlines for filing loss assessment coverage claims by condominium owners, aimed at reducing legal disputes and streamlining the insurance claim process. Read the article…………………………….
- WUCIOA For All – SB 5796 (WA) May 4, 2024
Did you know that the “WUCIOA for all” bill also makes changes to WUCIOA as it governs communities already subject to the statute? Most of those changes will take effect on June 6, 2024, while the “for all” portion of the bill does not take effect until January 1, 2028. Read the article…………………………….
- NC House Select Committee on HOAs Files New Bill May 3, 2024
As the short session continues and the legislature continues to negotiate House Bill 542 with interested parties, a new bill was introduced on May 1, 2024 by Representatives Frank Iler, Steve Tyson and Ya Liu. Read the article…………………………….
- My Safe Florida Condo Pilot Program: Frequently Asked Questions May 3, 2024
On April 24, 2024, Florida Governor Ron DeSantis signed House Bill 1029 into law, marking a pivotal moment in bolstering condominium resilience against hurricane damage. This significant milestone is important for Florida’s condominium owners’ associations to recognize in furtherance of efforts to protect Florida’s infrastructure. Read the article…………………………….
- New Kansas law will allow homeowners to wipe away racist language from property deeds May 2, 2024
Racially restrictive deeds and exclusionary covenants are still scattered across the Kansas City metro, embedded deep in the bylaws of homes associations and subdivisions’ rules, even though they can no longer be enforced. Now, property owners have a way to remove the language from the documents. Read the article…………………………….
- Co-Ops and Condos Are Exempt From Good Cause Eviction Law (NY) April 30, 2024
Good Cause Eviction bills have been bouncing around Albany for years, and most co-op and condo boards have viewed them as a bad idea, one more unwelcome governmental intrusion. The state Legislature has finally passed a Good Cause Eviction bill, but it is limited in scope and, crucially, it will not apply to co-ops and condos. Read the article…………………………….
- Georgia House Bill 220 April 30, 2024
On April 23, 2024, Georgia’s Governor Brian Kemp signed House Bill 220 into law, marking a significant shift in how community associations, including condominium and homeowners associations, can handle violations of their covenants Read the article…………………………….
- Florida Governor Signs House Bill 1029 Into Law April 29, 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…………………………….
- Florida Condos And Community Associations Beware: New Bad Faith Law Adds Negligent Security Lapses To Growing List Of Potential Liability Claims April 27, 2024
Enacted in 2023, HB 837 substantially modified Florida’s bad faith laws and the state’s comparative negligence system from a “pure” to a “modified” one whereby a plaintiff who is found to be more than 50 percent at fault for his or her own harm may not recover damages from any defendant. Medical negligence is exempt. Read the article…………………………….
- 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…………………………….