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/ Owner - June 8, 2012

Legal & Legislative News from CAN

  • 2024 Legislative Update: Changes to Statutes Governing Condominium Associations (FL) July 13, 2024
    Eisinger Law is pleased to provide you with a summary of the most recent and relevant changes effectuated by the Florida Legislature, (the “Legislature”), and the Governor of the State of Florida, to Chapter 718, Florida Statutes, (the “Condominium Act”), and other Florida Statutes which affect condominiums. Please keep in mind that the effective date of each such legislative change is July 1, 2024, unless otherwise specifically noted.     Read the article (PDF)…………………………….
  • Important Bills passed in 2024 General Assembly (VA) July 12, 2024
    It was a busy legislative session for community associations. New laws on a variety of significant topics were enacted. Among them are significant changes to the sections which deal with reserves for replacing components of the common area and new provisions in the resale certificate procedures and requirements.    Read the article…………………………….
  • Newly Passed Legislation (CO) July 12, 2024
    The 2024 legislative session was a busy one as it relates to legislation that affects Homeowner Associations. Below are the new laws created during the 2024 legislative session that will affect various aspects of Homeowners Associations.   Read the article…………………………….
  • Condo Owner Can Sue Over Icy Sidewalk, Mich. Justices Rule July 12, 2024
    A condominium owners’ association can be sued by a member who slipped on ice in a common area, the Michigan Supreme Court ruled Thursday, finding an association has a duty to…….  Read the article…………………………….
  • Fines, Late Fees and Limits on Co-op and Condo Board Authority (NY) July 11, 2024
    Condominiums and cooperatives are, in the words of the New York Court of Appeals, “quasigovernment of necessity.” Levandusky v. One Fifth Ave. Apartment, 75 N.Y.2d 530, 536 (1990). Just as governments need to deter misconduct and punish rule-breaking, co-ops and condos rely on fines and late fees to keep their houses in order.    Read the article (PDF)…………………………….
  • Skeptics see little benefit from law helping with hurricane prep grants (FL) July 11, 2024
    Under a new state law, condominium associations as of July 1 theoretically were able to apply for grants of up to $175,000 to make improvements to strengthen their properties against hurricane damage, but the details and the logistics of the application process will make it practically impossible to get anything done in time for the current hurricane season.   Read the article…………………………….
  • Appellate judges mostly rule against Hayden Christmas display (WA) July 11, 2024
    For a former Hayden couple known for hosting massive holiday shows, a recent federal appeals ruling was anything but Christmas in July.  In a split decision, the 9th U.S. Circuit Court of Appeals has mostly ruled on the side of the West Hayden Estates homeowner’s association in its opposition to Jeremy and Kristy Morris’ extravagant holiday display in a dispute that’s lasted years and even was featured on Apple TV+ titled: ‘Twas the Fight Before Christmas.   Read the article…………………………….
  • 2024 Arizona Legislative Update July 10, 2024
    The Arizona Legislature passed seven bills, which Governor Hobbs then signed, that have a direct impact on the community association industry.  House Bill 2648, House Bill 2662, House Bill 2698, Senate Bill 1432, Senate Bill 1016, House Bill 2141, and House Bill 2119 will become law on September 14, 2024, which is 90 days after the adjournment of the legislature. Below is an overview of these four new laws.     Read the article…………………………….
  • Michigan’s New Renewable Energy Siting Law and its Implications on Municipalities July 10, 2024
    Governor Gretchen Whitmer previously signed House Bill 5120 (now Public Act 233 of 2023) into law in November 2023. The regulations, which specifically affect municipalities and developers, create a new siting path for utility-scale wind, solar, and energy storage facilities with the Michigan Public Service Commission (“MPSC”) and become effective on November 29, 2024. Once effective, it is critical that clean energy developers and municipalities become familiar with this new siting process.    Read the article…………………………….
  • Workplace Violence Prevention Plans – Community Associations With Employees Need to Comply July 9, 2024
    California has long required employers to establish, implement and maintain an injury prevention program. With the passage of Senate Bill No. 553 (SB 553) last year, California has imposed now upon employers the additional obligation to establish, implement and maintain in all work areas, an effective workplace violence prevention plan (“WP Violence Plan”) which contains specified information. Beginning July 1, 2024 covered employers must adopt a WP Violence Plan    Read the article…………………………….

Legal & Legislative News Archives

Case Discussions

  • Condo Owner Can Sue Over Icy Sidewalk, Mich. Justices Rule July 12, 2024
    A condominium owners’ association can be sued by a member who slipped on ice in a common area, the Michigan Supreme Court ruled Thursday, finding an association has a duty to…….  Read the article…………………………….
  • Appellate judges mostly rule against Hayden Christmas display (WA) July 11, 2024
    For a former Hayden couple known for hosting massive holiday shows, a recent federal appeals ruling was anything but Christmas in July.  In a split decision, the 9th U.S. Circuit Court of Appeals has mostly ruled on the side of the West Hayden Estates homeowner’s association in its opposition to Jeremy and Kristy Morris’ extravagant holiday display in a dispute that’s lasted years and even was featured on Apple TV+ titled: ‘Twas the Fight Before Christmas.   Read the article…………………………….
  • Appellate Ruling and New Florida Laws Stress Open Records in Community Associations July 9, 2024
    The ruling was issued by Florida’s Fifth District Court of Appeal in a lawsuit filed by owners against their homeowners’ association, the Wayside Estates Homeowners Association located near Orlando in Sanford. The suit, which was brought by owners and association members William Pecchia and Kathleen Porter, stemmed from a formal request they issued to the HOA in 2019 for it to make certain records available to them for inspection as required by law.    Read the article…………………………….
  • Ex-Sky Lodge owner fined $10,000 without jail time after pleading no contest to felony theft charge (UT) July 9, 2024
    Based on the court’s findings, a receiver — the appointed officer who has custody of certain assets and can liquidate them and distribute the proceeds — was assigned to the owners association. According to court documents, the receiver was ordered to “audit the books and records going back 12 months and if a reasonable basis existed, for additional time periods beyond the 12-month time period.”  The receiver determined that “significant commercial and personal expenses of Abdalla or entities owned or ...
  • Homestead judge nixes $93-a-month fee (WA) July 4, 2024
    The judge in the Lynden-centric Homestead case, at a Whatcom County Superior Court hearing on July 3, voiced the general shape of his decisions regarding the golf residential community that has been embroiled in a lawsuit for more than four years.  A two-week trial wrapped up in May.  In a key ruling, Judge David Freeman said he is invalidating the maintenance fee increase to $93 a month that MJ Management LLC put in place for 2020, triggering the legal action ...
  • Tennessee Supreme Court Dismisses Developer’s Defamation Lawsuit Against Resident July 4, 2024
    The Tennessee Supreme Court has held that a defamation and false light suit filed by Bill Charles against Donna McQueen must be dismissed under the Tennessee Public Participation Act (“TPPA”).  The litigation began in 2020 after Durham Farms, a planned community in Hendersonville, announced plans to add a “rental-only” unit section to the community. Residents of Durham Farms and surrounding communities were upset by this announcement, as well as earlier changes to the Durham Farms development plan. They tried to ...
  • Court rules condo board breached fiduciary duty by not telling owners of rule change (IL) July 2, 2024
    The Illinois Appellate Court has ruled that a Gold Coast condominium association breached its fiduciary duty of candor by changing rules of voting eligibility in condo board elections but not sharing the rule change with unit owners.   Read the article…………………………….
  • Federal Judge Denies Quanex’s Bid to Dismiss Defective IGU Sealant Lawsuit (WA) July 2, 2024
    A Washington federal judge rebuffed Quanex’s motion to dismiss a lawsuit claiming it knowingly sold defective insulating glass unit (IGU) components to Viracon.  The Fifteen Twenty-One Avenue Condominium Association filed the suit in Washington Federal Court in late December 2023 against Viracon, a subsidiary of Apogee Enterprises Inc., Quanex and the Insulating Glass Certification Council (IGCC).    Read the article…………………………….
  • Vermont judge finds Stratton Mtn responsible for three bridges at SnowBridge July 1, 2024
    A Vermont Superior Court judge has concluded that members of the SnowBridge Homeowners Association are responsible for maintenance of roads in the SnowBridge development, but Stratton Corporation is responsible for taking care of three bridges in the 12-acre parcel with 36 trailside townhouses.    Read the article…………………………….
  • Lake Oswego luxury condominium case resolved (OR) June 29, 2024
    The Oswego Talisman Condominium Association had filed a lawsuit against the owners of the future Frances condominiums, Hugh Development (and its affiliated LLC North D State) in 2022 over a sewer line that the association alleged was ruptured during construction of the luxury condos next door. The case was eventually dismissed due to a settlement agreement the two parties signed.     Read the article…………………………….

Case Discussion Archives

Legislative Items

  • Condo Owner Can Sue Over Icy Sidewalk, Mich. Justices Rule July 12, 2024
    A condominium owners’ association can be sued by a member who slipped on ice in a common area, the Michigan Supreme Court ruled Thursday, finding an association has a duty to…….  Read the article…………………………….
  • Appellate judges mostly rule against Hayden Christmas display (WA) July 11, 2024
    For a former Hayden couple known for hosting massive holiday shows, a recent federal appeals ruling was anything but Christmas in July.  In a split decision, the 9th U.S. Circuit Court of Appeals has mostly ruled on the side of the West Hayden Estates homeowner’s association in its opposition to Jeremy and Kristy Morris’ extravagant holiday display in a dispute that’s lasted years and even was featured on Apple TV+ titled: ‘Twas the Fight Before Christmas.   Read the article…………………………….
  • Appellate Ruling and New Florida Laws Stress Open Records in Community Associations July 9, 2024
    The ruling was issued by Florida’s Fifth District Court of Appeal in a lawsuit filed by owners against their homeowners’ association, the Wayside Estates Homeowners Association located near Orlando in Sanford. The suit, which was brought by owners and association members William Pecchia and Kathleen Porter, stemmed from a formal request they issued to the HOA in 2019 for it to make certain records available to them for inspection as required by law.    Read the article…………………………….
  • Ex-Sky Lodge owner fined $10,000 without jail time after pleading no contest to felony theft charge (UT) July 9, 2024
    Based on the court’s findings, a receiver — the appointed officer who has custody of certain assets and can liquidate them and distribute the proceeds — was assigned to the owners association. According to court documents, the receiver was ordered to “audit the books and records going back 12 months and if a reasonable basis existed, for additional time periods beyond the 12-month time period.”  The receiver determined that “significant commercial and personal expenses of Abdalla or entities owned or ...
  • Homestead judge nixes $93-a-month fee (WA) July 4, 2024
    The judge in the Lynden-centric Homestead case, at a Whatcom County Superior Court hearing on July 3, voiced the general shape of his decisions regarding the golf residential community that has been embroiled in a lawsuit for more than four years.  A two-week trial wrapped up in May.  In a key ruling, Judge David Freeman said he is invalidating the maintenance fee increase to $93 a month that MJ Management LLC put in place for 2020, triggering the legal action ...
  • Tennessee Supreme Court Dismisses Developer’s Defamation Lawsuit Against Resident July 4, 2024
    The Tennessee Supreme Court has held that a defamation and false light suit filed by Bill Charles against Donna McQueen must be dismissed under the Tennessee Public Participation Act (“TPPA”).  The litigation began in 2020 after Durham Farms, a planned community in Hendersonville, announced plans to add a “rental-only” unit section to the community. Residents of Durham Farms and surrounding communities were upset by this announcement, as well as earlier changes to the Durham Farms development plan. They tried to ...
  • Court rules condo board breached fiduciary duty by not telling owners of rule change (IL) July 2, 2024
    The Illinois Appellate Court has ruled that a Gold Coast condominium association breached its fiduciary duty of candor by changing rules of voting eligibility in condo board elections but not sharing the rule change with unit owners.   Read the article…………………………….
  • Federal Judge Denies Quanex’s Bid to Dismiss Defective IGU Sealant Lawsuit (WA) July 2, 2024
    A Washington federal judge rebuffed Quanex’s motion to dismiss a lawsuit claiming it knowingly sold defective insulating glass unit (IGU) components to Viracon.  The Fifteen Twenty-One Avenue Condominium Association filed the suit in Washington Federal Court in late December 2023 against Viracon, a subsidiary of Apogee Enterprises Inc., Quanex and the Insulating Glass Certification Council (IGCC).    Read the article…………………………….
  • Vermont judge finds Stratton Mtn responsible for three bridges at SnowBridge July 1, 2024
    A Vermont Superior Court judge has concluded that members of the SnowBridge Homeowners Association are responsible for maintenance of roads in the SnowBridge development, but Stratton Corporation is responsible for taking care of three bridges in the 12-acre parcel with 36 trailside townhouses.    Read the article…………………………….
  • Lake Oswego luxury condominium case resolved (OR) June 29, 2024
    The Oswego Talisman Condominium Association had filed a lawsuit against the owners of the future Frances condominiums, Hugh Development (and its affiliated LLC North D State) in 2022 over a sewer line that the association alleged was ruptured during construction of the luxury condos next door. The case was eventually dismissed due to a settlement agreement the two parties signed.     Read the article…………………………….

Legislative Items Archive

College of Community Association Lawyers

Since 1993, the Community Associations Institute has recognized excellence in the practice of community association law through the College of Community Association Lawyers (CCAL). Of the thousands of attorneys practicing community association law in the United States, fewer than 150 have been granted membership in the College. Members of the College distinguish themselves through contributions to the development of community association law.

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