Legal & Legislative News from CAN
- Plaintiff alleges breach of fiduciary duty against law firm over condominium association dispute (FL) October 15, 2024A legal storm has erupted in Florida as a resident takes on a law firm and an attorney, accusing them of serious professional misconduct. Read the article…………………………….
- Liability Protection: How to Protect the Condo Association Against Increased Premises Liability Exposure (MI) October 15, 2024As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. The condominium association under Janini now has a substantially greater duty of care towards a co-owner on the common elements and a co-owner may now ...
- Lay of the Land: Has Washington State Resolved the Condo Liability Problem? October 11, 2024Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and the statute of limitations has now expired on the first condos subject to the new changes. Listen to the podcast…………………………..
- Hurricane Damage and the FEMA 50% Rule: How to Approach Home Repairs in Flood Zones October 11, 2024In the wake of Hurricane Debbie, Hurricane Helene, and now Hurricane Milton, which have left widespread devastation in southwest Florida, there is no storage shortage of property owners dealing with the aftermath of flooding. As remediation begins, a common question is the FEMA 50% rule. The 50% rule, while always applicable to home improvements or renovations, is also applicable when those repairs or improvements are being made in relation to a natural disaster or other unexpected event. Read the article…………………………….
- Here We Tow Again – Towing Regulations Governing Community Associations (CO) October 10, 2024In 2022, an updated towing law went into effect in Colorado as a result of the passage of House Bill 22-1314. Not to be outdone, laws related to towing were revised yet again in 2024 as a result of the passage of House Bill 24-1051. This article outlines various requirements of the recent laws as they relate to HOAs that are considering towing as an enforcement option. Read the article…………………………….
- The Body of Water Doctrine (FL) October 10, 2024We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in Feliciano v. Rivertree Landings Apartments, LLC, 387 So.3d 422 (Fla.App. 2 Dist., 2024) where a Personal representative for a child who drowned in a river ...
- Making a list and checking it twice? No, It’s not Christmas, it’s new Records Request Requirements (FL) October 9, 2024If you’re one of those people who finds checking things off a list or making a chart oddly satisfying, then House Bill 1021 (“HB 1021”) is the new legislation for you. As you may have already heard, HB1021 made sweeping changes to the condominium law landscape. Perhaps none of these changes will be felt quite as much as the new procedures required for Official Records Requests. Read the article…………………………….
- Judge appoints Harris as receiver in Knox cattle dam suit (OH) October 9, 2024Knox County Common Pleas Judge Richard Wetzel appointed Jack Harris as receiver in the Knox cattle dam case, formally known as the State of Ohio vs. The Landings Property Owners Association Inc. In 2020, the Ohio Department of Natural Resources asked the court to determine the owner of the lake and dam because the dam needed repairs. Read the article…………………………….
- New Rules to Help Co-ops and Condos Comply With Local Law 97 (NY) October 9, 2024The word “final” has been getting a workout from the city’s Department of Buildings this year. The DOB has just released yet another “final” set of rules laying out how co-op and condo boards and other building owners can comply with the city’s ambitious and controversial climate law, Local Law 97. Read the article…………………………….
- Unlicensed Work Does Not Void Contract With Condos, Florida Appeals Court Says October 9, 2024Being unlicensed as a contractor in Florida does not necessarily void a storm-remediation contract, a Florida appeals court said in a decision that could affect insurance defense strategy in hurricane claims. “This shows that it’s really important to know the scope of work being performed,” said Josh Beck, an insurance defense attorney in Boca Raton. Read the article…………………………….
Legal & Legislative News Archives
Case Discussions
- Liability Protection: How to Protect the Condo Association Against Increased Premises Liability Exposure (MI) October 15, 2024As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. The condominium association under Janini now has a substantially greater duty of care towards a co-owner on the common elements and a co-owner may now ...
- The Body of Water Doctrine (FL) October 10, 2024We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in Feliciano v. Rivertree Landings Apartments, LLC, 387 So.3d 422 (Fla.App. 2 Dist., 2024) where a Personal representative for a child who drowned in a river ...
- Judge appoints Harris as receiver in Knox cattle dam suit (OH) October 9, 2024Knox County Common Pleas Judge Richard Wetzel appointed Jack Harris as receiver in the Knox cattle dam case, formally known as the State of Ohio vs. The Landings Property Owners Association Inc. In 2020, the Ohio Department of Natural Resources asked the court to determine the owner of the lake and dam because the dam needed repairs. Read the article…………………………….
- Unlicensed Work Does Not Void Contract With Condos, Florida Appeals Court Says October 9, 2024Being unlicensed as a contractor in Florida does not necessarily void a storm-remediation contract, a Florida appeals court said in a decision that could affect insurance defense strategy in hurricane claims. “This shows that it’s really important to know the scope of work being performed,” said Josh Beck, an insurance defense attorney in Boca Raton. Read the article…………………………….
- NYC Condo Construction Defect Lawsuits: 3 Key New Cases for Boards October 7, 2024In New York, the legal landscape governing construction defect disputes between condominium boards and developers is complex and often contentious. Three recent cases highlight the nuances of such litigation, shedding light on the causes of action, procedural considerations, and the scope of damages that can be pursued. Read the article…………………………….
- Appeals Court Makes It Clear Even to a Small HOA: Allow Access to the Association’s Official Records or Else (FL) October 7, 2024Wayside is a small, ten-home, self-managed homeowners’ association located in Seminole County. Pecchia and Porter both respectively own homes within Wayside. As members of the association, Pecchia and Porter were concerned that Wayside was failing to adequately maintain the association’s common elements, and that it also was not enforcing violations of the CCRs against homeowners. As a result, they requested the official association records from Wayside pursuant to section 720.303(5), including insurance policies for the prior two years, and records ...
- Homeowners’ Association Sues Local Landowner Over Building Restrictions Violation (LA) October 2, 2024A contentious property dispute has reached a pivotal moment as the court rules in favor of a homeowners’ association against a local landowner. The Lake at the Bluffs Property Owners Association and Jason Rasti individually filed a complaint against Gary Hill in the 20th Judicial District Court for the Parish of West Feliciana, Louisiana, on May 25, 2023. Read the article…………………………….
- Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law (MI) October 1, 2024In Hills of Oakland Subdivision Association v. Victoria M. Seibert, the Michigan Court of Appeals ruled that “swim spas” meet the common usage of the term “swimming pool,” which is an important precedent for community association law. Many associations’ governing documents include explicit prohibitions on above ground swimming pools. Read the article…………………………….
- Is There Anything My Neighborhood Can Do to Ban Short-Term Rentals? (WA) September 30, 2024In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community Associations addressed whether a homeowners’ association (“HOA”) exceeded its power to amend covenants when a simple majority of the homeowners voted to prohibit short-term rentals like those offered through Airbnb and other services. Read the article…………………………….
- Court Rules HOA May Not Enforce Time-Based Restriction on Political Yard Signs (WA) September 30, 2024The Washington Court of Appeals recently affirmed that homeowners associations (HOAs) that are still subject to RCW 64.38 may not impose time-based restrictions on owners’ display of political yard signs. 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
- Liability Protection: How to Protect the Condo Association Against Increased Premises Liability Exposure (MI) October 15, 2024As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. The condominium association under Janini now has a substantially greater duty of care towards a co-owner on the common elements and a co-owner may now ...
- The Body of Water Doctrine (FL) October 10, 2024We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in Feliciano v. Rivertree Landings Apartments, LLC, 387 So.3d 422 (Fla.App. 2 Dist., 2024) where a Personal representative for a child who drowned in a river ...
- Judge appoints Harris as receiver in Knox cattle dam suit (OH) October 9, 2024Knox County Common Pleas Judge Richard Wetzel appointed Jack Harris as receiver in the Knox cattle dam case, formally known as the State of Ohio vs. The Landings Property Owners Association Inc. In 2020, the Ohio Department of Natural Resources asked the court to determine the owner of the lake and dam because the dam needed repairs. Read the article…………………………….
- Unlicensed Work Does Not Void Contract With Condos, Florida Appeals Court Says October 9, 2024Being unlicensed as a contractor in Florida does not necessarily void a storm-remediation contract, a Florida appeals court said in a decision that could affect insurance defense strategy in hurricane claims. “This shows that it’s really important to know the scope of work being performed,” said Josh Beck, an insurance defense attorney in Boca Raton. Read the article…………………………….
- NYC Condo Construction Defect Lawsuits: 3 Key New Cases for Boards October 7, 2024In New York, the legal landscape governing construction defect disputes between condominium boards and developers is complex and often contentious. Three recent cases highlight the nuances of such litigation, shedding light on the causes of action, procedural considerations, and the scope of damages that can be pursued. Read the article…………………………….
- Appeals Court Makes It Clear Even to a Small HOA: Allow Access to the Association’s Official Records or Else (FL) October 7, 2024Wayside is a small, ten-home, self-managed homeowners’ association located in Seminole County. Pecchia and Porter both respectively own homes within Wayside. As members of the association, Pecchia and Porter were concerned that Wayside was failing to adequately maintain the association’s common elements, and that it also was not enforcing violations of the CCRs against homeowners. As a result, they requested the official association records from Wayside pursuant to section 720.303(5), including insurance policies for the prior two years, and records ...
- Homeowners’ Association Sues Local Landowner Over Building Restrictions Violation (LA) October 2, 2024A contentious property dispute has reached a pivotal moment as the court rules in favor of a homeowners’ association against a local landowner. The Lake at the Bluffs Property Owners Association and Jason Rasti individually filed a complaint against Gary Hill in the 20th Judicial District Court for the Parish of West Feliciana, Louisiana, on May 25, 2023. Read the article…………………………….
- Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law (MI) October 1, 2024In Hills of Oakland Subdivision Association v. Victoria M. Seibert, the Michigan Court of Appeals ruled that “swim spas” meet the common usage of the term “swimming pool,” which is an important precedent for community association law. Many associations’ governing documents include explicit prohibitions on above ground swimming pools. Read the article…………………………….
- Is There Anything My Neighborhood Can Do to Ban Short-Term Rentals? (WA) September 30, 2024In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community Associations addressed whether a homeowners’ association (“HOA”) exceeded its power to amend covenants when a simple majority of the homeowners voted to prohibit short-term rentals like those offered through Airbnb and other services. Read the article…………………………….
- Court Rules HOA May Not Enforce Time-Based Restriction on Political Yard Signs (WA) September 30, 2024The Washington Court of Appeals recently affirmed that homeowners associations (HOAs) that are still subject to RCW 64.38 may not impose time-based restrictions on owners’ display of political yard signs. Read the article…………………………….