Legal & Legislative News from CAN
- House bill could get condo owners one step closer to eased financial strain (FL) April 25, 2025The House approved a bill Wednesday that would give condo associations some financial relief. House Bill 913 would allow them to use lines of credit for essential repairs, instead of passing them on to residents. Read the article…………………………….
- Texas House passes bill restricting HOA fines for brown lawns April 25, 2025The bill, filed by Round Rock State Rep. Caroline Harris Davila, would prevent HOAs from fining homeowners for brown grass or vegetation when their water supplier asks them to cut back on usage during a drought. Read the article…………………………….
- The Future of Community Associations Under Florida’s Changing Laws April 24, 2025Florida’s homeowners’ associations (HOAs) and condominium boards are at the center of a legal transformation. Over the past few years, Tallahassee has enacted significant legislative changes aimed at increasing transparency, financial responsibility, and structural integrity within community associations. These new regulations, while designed to protect residents, also present new challenges for board members and property managers. Read the article…………………………….
- HOA Owner Properly Denied Attorney’s Fees Because HOA Dismissed Complaint Against Him After Defeating Cross-Claims, So No One Technically Prevailed (CA) April 24, 2025Loma Linda Homeowners Assn. v. Aquino, Case No. D085390 (4th Dist., Div. 1 Apr. 22, 2025) (unpublished) is a study on how lower and appellate courts “do justice,” within the confines of legal principles, in HOA owner and HOA disputes. They are ugly, coming to disparate results—HOA owner wins big, HOA wins big, both sides get mixed results, or both sides go home unvindicated. In this one, HOA owner did not get the fees he wanted. Read the article…………………………….
- Could condominiums increase affordability? (OR) April 24, 2025Quite a few Oregon developers, nonprofits, and legislators support creating condominiums of five or more units to help reduce the lack of affordable housing – including in Sisters. Developers and advocates argue that current law disincentivizes condo construction. Read the article…………………………….
- House passes condo bill following DeSantis’ criticism (FL) April 23, 2025The Florida House on Wednesday approved in a near-unanimous vote this year’s condominium bill, which Gov. Ron DeSantis has criticized as part of his feud with the chamber’s leadership. With a little more than a week until the scheduled end of the session, House lawmakers approved Miami Republican Rep. Vicki Lopez’s bill, HB 913, which would allow condominium associations to open lines of credit instead of raising cash from owners to fund building repairs. Read the article…………………………….
- Want to plant water-efficient landscaping but worried your HOA won’t like it? State law is on your side (CO) April 23, 2025A growing number of home gardeners are turning to drought-tolerant plantings – think native plants like yucca, milkweed, or yarrow. For years, many homeowners’ associations in Colorado didn’t make it easy to install xeric landscaping or water-saving tools like rain barrels. But homeowners, state law is on your side. Read the article…………………………….
- Marvin J. Nodiff of St. Louis, Missouri (August 27, 1945 – April 18, 2025) April 22, 2025Marvin J. Nodiff, esteemed attorney, author, and beloved member of the Skinker-DeBaliviere community, passed away last week, leaving behind a legacy of service, scholarship, and compassion. He was 79. A pioneer in the field of community association law, Marvin was widely respected for his decades-long career as a trusted attorney and thought leader. He was the recipient of many awards, including the Lifetime Achievement Award for CAI Heartland. His dedication to the field of community association law led him to ...
- FinCen Issues Interim Final Rule Removing BOI Reporting Requirement for US Companies and Persons April 22, 2025FinCEN has determined that an interim final rule is the appropriate mechanism to exempt domestic reporting companies and United States Persons who are beneficial owners of foreign reporting companies from the BOI reporting requirements pending the receipt of comments and issuance of a final rule. Read the article…………………………….
- Property owners impacted by fires sue CA insurers for colluding to drop coverage in fire-prone parts April 22, 2025Two lawsuits filed in Los Angeles allege major home insurance companies have colluded to limit coverage in California communities at high risk for wildfires and force homeowners onto the state’s last-resort insurance plan that offers basic coverage and high premiums. Insurers, including State Farm and 24 other companies that hold 75% of California’s home insurance market, were part of an “illegal scheme” in violation of California’s antitrust and unfair competition laws, according to one of the lawsuits, filed last week. ...
Legal & Legislative News Archives
Case Discussions
- HOA Owner Properly Denied Attorney’s Fees Because HOA Dismissed Complaint Against Him After Defeating Cross-Claims, So No One Technically Prevailed (CA) April 24, 2025Loma Linda Homeowners Assn. v. Aquino, Case No. D085390 (4th Dist., Div. 1 Apr. 22, 2025) (unpublished) is a study on how lower and appellate courts “do justice,” within the confines of legal principles, in HOA owner and HOA disputes. They are ugly, coming to disparate results—HOA owner wins big, HOA wins big, both sides get mixed results, or both sides go home unvindicated. In this one, HOA owner did not get the fees he wanted. Read the article…………………………….
- Flagstar Bank loses $256k lien in DC condo foreclosure, court rules April 22, 2025In 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…………………………….
- Flofida Could Alter Coverage for Supplemental Claims April 19, 2025In Florida, supplemental insurance claims are statutorily defined and generally treated as claims separate from the original underlying claim. Could a trial court allow coverage litigation for a supplemental claim to proceed alongside an appraisal of the amount of loss for that same supplemental claim? The Florida Supreme Court signaled an interest in tackling this question. Read the article…………………………….
- Can Homeowners Install Swim Spas? Key Lessons from Hills of Oakland v. Seibert (MI) April 18, 2025“estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283, 287; 72 NW2d 6 (1955). Property owners within community associations across Michigan and the nation are increasingly installing swim spas in their backyards, though often in violation of restrictive covenants concerning the community and without obtaining their Association’s approval as required. Read the article…………………………….
- Cautionary Tales: The Federal Fair Housing Act April 15, 2025Learning from your mistakes is a valuable trait, but let’s be real: learning from other people’s mistakes is even better (and less expensive). When it comes to the federal Fair Housing Act (FHA), we often talk about the dos and don’ts, best practices, and recommended procedures to make sure we stay on the right track. Sometimes the best lessons and insights come from seeing what everyone else did wrong. Read the article…………………………….
- Unraveling the Boundary Between Opinion and Fact in Georgia Libel Lawsuit April 14, 2025A homeowner in the Black River Homeowners Association wrote a Google review of the community saying the management had “done a terrible job” and “turned our board of directors against the home owners.” The management company sued the homeowner for libel, which is the written false and malicious defamation of another. To prove libel, there must be a statement of fact and the statement must be proven false. Read the article…………………………….
- SPINOLA v. AKARANTA (2025) (GA) April 12, 2025Following a jury’s verdict finding that Carmen Spinola defamed the title to Ozioma Akaranta’s condominium and awarding attorney fees to Akaranta, Spinola appeals, contending, among other things, that the evidence was insufficient to support the verdict, and, as a result, the trial court erred by denying her motion for new trial. For the reasons set forth below, we reverse. Read the article…………………………….
- Mid-Michigan residents living near failed dams left holding the bag for repair costs after court ruling April 11, 2025The Michigan Supreme Court on Friday, April 11, denied an application for leave filed by the Heron Cove Association (HCA) seeking to appeal the Jan. 6 judgment of the Michigan Court of Appeals on the grounds that the high court was not “persuaded that the questions presented should be reviewed by this court.” Read the article…………………………….
- WATTS v. JOGGERS RUN PROPERTY OWNERS ASSOCIATION INC (2025) April 8, 2025In this appeal, we are presented with the question of whether Sara Watts, an African American woman who sued her former homeowners’ association, the Joggers Run Property Owners Association (the “Joggers Run HOA” or “HOA”), presented plausible claims under the Fair Housing Act (“FHA”) and the Civil Rights Act to overcome the HOA’s motion to dismiss for failure to state a claim, Read the article…………………………….
- Lake Ridge homeowners association ordered to pay $695K over federal loans (VA) April 8, 2025Lake Ridge Parks and Recreation Association, Inc. paid $695,000 to settle a lawsuit charging it wrongly received federal grant money under the paycheck protection program — money the government paid to businesses and nonprofits across the country to keep people employed during the pandemic. Read the article…………………………….
Community Association Law Seminar Best Manuscript Award
Each year, the CAI Law Seminar Planning Committee reviews dozens of community association law presentation submissions by CAI members to determine the breakout sessions for the following year’s event. In addition to presentation slides, the final selection of presenters submit a comprehensive manuscript to accompany their session, citing case studies and offering templates.
Legislative Items
- HOA Owner Properly Denied Attorney’s Fees Because HOA Dismissed Complaint Against Him After Defeating Cross-Claims, So No One Technically Prevailed (CA) April 24, 2025Loma Linda Homeowners Assn. v. Aquino, Case No. D085390 (4th Dist., Div. 1 Apr. 22, 2025) (unpublished) is a study on how lower and appellate courts “do justice,” within the confines of legal principles, in HOA owner and HOA disputes. They are ugly, coming to disparate results—HOA owner wins big, HOA wins big, both sides get mixed results, or both sides go home unvindicated. In this one, HOA owner did not get the fees he wanted. Read the article…………………………….
- Flagstar Bank loses $256k lien in DC condo foreclosure, court rules April 22, 2025In 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…………………………….
- Flofida Could Alter Coverage for Supplemental Claims April 19, 2025In Florida, supplemental insurance claims are statutorily defined and generally treated as claims separate from the original underlying claim. Could a trial court allow coverage litigation for a supplemental claim to proceed alongside an appraisal of the amount of loss for that same supplemental claim? The Florida Supreme Court signaled an interest in tackling this question. Read the article…………………………….
- Can Homeowners Install Swim Spas? Key Lessons from Hills of Oakland v. Seibert (MI) April 18, 2025“estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283, 287; 72 NW2d 6 (1955). Property owners within community associations across Michigan and the nation are increasingly installing swim spas in their backyards, though often in violation of restrictive covenants concerning the community and without obtaining their Association’s approval as required. Read the article…………………………….
- Cautionary Tales: The Federal Fair Housing Act April 15, 2025Learning from your mistakes is a valuable trait, but let’s be real: learning from other people’s mistakes is even better (and less expensive). When it comes to the federal Fair Housing Act (FHA), we often talk about the dos and don’ts, best practices, and recommended procedures to make sure we stay on the right track. Sometimes the best lessons and insights come from seeing what everyone else did wrong. Read the article…………………………….
- Unraveling the Boundary Between Opinion and Fact in Georgia Libel Lawsuit April 14, 2025A homeowner in the Black River Homeowners Association wrote a Google review of the community saying the management had “done a terrible job” and “turned our board of directors against the home owners.” The management company sued the homeowner for libel, which is the written false and malicious defamation of another. To prove libel, there must be a statement of fact and the statement must be proven false. Read the article…………………………….
- SPINOLA v. AKARANTA (2025) (GA) April 12, 2025Following a jury’s verdict finding that Carmen Spinola defamed the title to Ozioma Akaranta’s condominium and awarding attorney fees to Akaranta, Spinola appeals, contending, among other things, that the evidence was insufficient to support the verdict, and, as a result, the trial court erred by denying her motion for new trial. For the reasons set forth below, we reverse. Read the article…………………………….
- Mid-Michigan residents living near failed dams left holding the bag for repair costs after court ruling April 11, 2025The Michigan Supreme Court on Friday, April 11, denied an application for leave filed by the Heron Cove Association (HCA) seeking to appeal the Jan. 6 judgment of the Michigan Court of Appeals on the grounds that the high court was not “persuaded that the questions presented should be reviewed by this court.” Read the article…………………………….
- WATTS v. JOGGERS RUN PROPERTY OWNERS ASSOCIATION INC (2025) April 8, 2025In this appeal, we are presented with the question of whether Sara Watts, an African American woman who sued her former homeowners’ association, the Joggers Run Property Owners Association (the “Joggers Run HOA” or “HOA”), presented plausible claims under the Fair Housing Act (“FHA”) and the Civil Rights Act to overcome the HOA’s motion to dismiss for failure to state a claim, Read the article…………………………….
- Lake Ridge homeowners association ordered to pay $695K over federal loans (VA) April 8, 2025Lake Ridge Parks and Recreation Association, Inc. paid $695,000 to settle a lawsuit charging it wrongly received federal grant money under the paycheck protection program — money the government paid to businesses and nonprofits across the country to keep people employed during the pandemic. Read the article…………………………….