Few things are more offensive to the rights of homeowners than an overreaching homeowners’ association (HOA) board of directors. The type usually run by those who – for whatever reason – seem more inclined to use power they don’t possess … Continue reading
This is the season for new Arizona statutes to take effect from the session’s summer end. One of those bills with an HOA/Homeowner impact, HB 2133, amends Arizona Revised Statutes 33-811 to require a bank trustee to record their trustee’s … Continue reading
ChicagoTribune.com: Checking the financial health of a condo association Pamela Dittmer McKuen Community Living — September 27, 2013 Before you buy a condominium, certainly you’ll check out the view, the closet space and the parking lot. But don’t fall in love … Continue reading
The Washington Court of Appeals recently issued a published opinion that invalidated the decision of a homeowners association’s covenants review committee. The committee had decided that an owner’s maple tree violated a restrictive covenant protecting views and had required that … Continue reading
Posted September 25, 2013 An amendment to the Maryland Contract Lien Act, as it relates to the foreclosure of liens by condominiums and homeowners associations, takes effect on Tuesday, October 1, 2013. The new law modifies Section 14-204 of the … Continue reading
by James A. Bacon — posted September 25, 2013 Developers hewing to the New Urbanism school of design pay close attention to the arrangement of public spaces, the architectural details of the buildings and the profitability of their projects. Typically, … Continue reading
Heleski v. Harrell, 2D12-4136 (Fla. 2d DCA 2013): The Heleskis began building a structure on their property without notifying or getting approval from the HOA. The structure is 24 feet by 24 feet and is separate from the Heleskis’ main house. The … Continue reading
Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District reversed … Continue reading
Oral arguments, Illinois Supreme Court, of a major case. The Appellate Court held that the duty to pay was not absolute. Rather, it was given in exchange for the duty to maintain and repair. If the Association breaches the duty to … Continue reading
by Doris Goldstein on 09 Sep 2013 I used to think homeowners’ associations had the potential to be great democratic institutions. I also believed that I was put on this earth to write the ideal homeowner association document. If I could deliver … Continue reading
By Benny L. Kass, Published: September 12, 2013 Can condominium associations ban people who are “living in sin”? That’s what the headlines called it when a Florida condo enacted rules prohibiting unmarried couples from buying units there. In July, the Casa Di Amici … Continue reading
Recently, Pennsylvania Governor Tom Corbett signed into law House Bill 1122 (the “Amendment”), which amends the Uniform Condominium Act and the Uniform Planned Community Act (together the “Acts”) by extending the time period for a developer—which the Acts refer to as … Continue reading
September 06, 2013 7:45 pm • By Howard Fischer Capitol Media Services 5 PHOENIX — Saying legislators likely violated the Arizona Constitution, the Attorney General’s Office has agreed not to enforce some new laws governing homeowner associations. In an agreement filed Friday, … Continue reading
By David Swedelson, Partner at SwedelsonGottlieb, Condo Lawyer and HOA Attorney – September 3, 2013 Disgruntled homeowner association members often want to share their “issues” with the other owners hoping to garner sympathy. They ask for the names and addresses for … Continue reading
Satellite dishes and exterior antennas are sometimes considered an eyesore. Accordingly, many community associations would like to regulate—or even prohibit—them. Indeed, some associations already have language in their governing documents that forbids or places restrictions on installation of such devices. … Continue reading
California Governor Jerry Brown recently signed SB 745 into law. The bill is a multi-issue omnibus bill, and as to community associations primarily acts to “clean up” some issues related to the reorganizing of the Davis-Stirling Common Interest Development Act, … Continue reading
By Jean Winters — August 30th, 2013 On Wednesday, the Fourth District Court of Appeals issued another opinion with significant ramifications for Florida community associations. In Yang v. Sebasian Lakes Condominium Assoc., Inc., the Court reversed a summary judgment on behalf … Continue reading
August 30, 2013 8:15 pm • JAMIE MUNKS – jmunks@poststar.com QUEENSBURY — A local homeowners association doesn’t have the authority to ban residents from displaying political signs, according to a state Supreme Court decision released this week. Peter and Peg Jasinski … Continue reading
POSTED ON AUGUST 27, 2013 BY LYNN WARTCHOW In Minnesota, if you have unpaid condominium or townhome association assessments—which are often called “HOAs”—these unpaid amounts operate automatically as a lien on the property under Minnesota Statute § 515B.3-116(a), which is part of the … Continue reading
By Jean Winters, Esq. — August 23rd, 2013 Homeowners now have an important ruling enabling them to challenge covenants that were recorded more than five years before they purchased their home. To challenge covenants, homeowners may seek a declaratory judgment … Continue reading
January 31, 2013 by Kirk Jenkins May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium … Continue reading
August 21, 2013 — By Donna DiMaggio Berger On August 14, Florida’s Third District Court of Appeal ruled that a bank which had taken title to two condominium units was entitled to its attorney’s fees from a condominium association just … Continue reading
On August 14, 2013, Florida’s Third District Court of Appeal ruled that a bank which had taken title to two condominium units was entitled to its attorney’s fees from a condominium association just as any other condominium owner would be … Continue reading
By BARBARA HOLLAND — HOA EXPERT Posted August 19, 2013 This is the first of a four-part series of articles pertaining to the new Nevada Revised Statutes homeowner association laws that were passed by the legislature in July. ■ Senate … Continue reading
The Justice Department announced today that the Townhomes of Kings Lake HOA Inc. (HOA) and Vanguard Management Group Inc. have agreed to pay $150,000 to settle a lawsuit alleging violations of the Fair Housing Act (FHA). The lawsuit alleged that … Continue reading
August 10, 2013 9:04 pm A deal is a deal, except when it violates the state or federal constitution. On first blush, the case of Peter and Peg Jasinski of Queensbury seems straightforward. The Jasinkis voluntarily bought a house in … Continue reading
On the list of most stressful life events, buying a home ranks in the top five. Luckily, Condo & HOA Smart offers a Nationwide service to make the process just a little smoother. The company provides a unique and much-needed … Continue reading
By Joseph Adams on August 6th, 2013 — Posted in Legislation, Reader Q&A Today’s column continues with our review of laws of interest to community associations enacted during the 2013 Legislative Session. Suspension of Use Rights: A “glitch” in the previous version of the condominium statute was … Continue reading
However, all is not good in this community as far as solar energy is concerned. Householders who want to install solar panels on their rooftops have been prevented from doing so. The problem seems to originate from members of the … Continue reading
Homeowner’s Associations. Love ‘em or hate ‘em. Buyers are sometimes not aware about certain rules and regulations when they purchase their home in a HOA If you are thinking of buying a home in a Homeowner’s Association below are questions you … Continue reading
Green v. Lake Montowese Association, 387 S.W. 3d 413 (Mo. Ct. App. 2012) Here, the Missouri Court of Appeals determined that it was unfair to force homeowners to pay special assessments on a central water system for which they received … Continue reading
Alamo County Club Owners Association v. Shelton, 12-1—00300-VB (Tex. App. 2012) Sometimes personal disregard for a fellow homeowner can overlap and have a costly effect when enforcing covenants. In this case, a board member called the police on a known … Continue reading
On May 27, 2013, the Texas Legislature concluded the 2013 legislative session. Unlike the 2011 legislative session, in which the Texas Legislature enacted the most significant reforms to Texas HOA laws in almost 20 years, the legislation passed by the … Continue reading
By Porzio Bromberg & Newman PC and Peter J. Gallagher Posted July 10, 2013 In a recent decision, the Appellate Division restated and clarified the rules regarding when a condominium association has standing to sue a developer. In Belmont Condominium Association v. … Continue reading
By Nichole Soto — July 9, 2013 In a lawsuit alleging construction defects in homeowners’ individual townhomes, Florida’s Second District Court of Appeal ruled that a homeowners’ association was bound by arbitration agreements between its members and the developer. The … Continue reading
By Michael Hunter — Posted: Thursday, Jul. 11, 2013 The North Carolina legislature recently passed some new laws that will impact homeowners associations (HOAs). Below is a short summary of three of the laws that will become effective this year. Voluntary … Continue reading
Posted – July 14, 2013 The Supreme Court says Gov. Rick Scott and the Legislature went too far when it tried to settle a legal dispute on behalf of a developer being sued by a homeowners association. The ruling Thursday said … Continue reading
By: Community Associations Institute California Legislative Action Committtee — Posted July 9, 2013 A California appellate court recently overruled a trial court decision that allowed a homeowners association board to advocate a point of view in an election to amend the … Continue reading
Posted — July 5, 2013 by: Roetzel & Andress – Steven M. Falk, Ashley D. Lupo, Sean Ellis and Jennifer A. Nichols Three bills have recently been signed into law by the Florida Governor that may be of particular interest to condominium, homeowners’ and cooperative … Continue reading
Posted on June 30, 2013 by Lori Schweller Bills recently passed in the Virginia General Assembly extend the list of items for inclusion in property owners’ association disclosure packets and condominium association resale certificates, and also broaden non-association disclosure requirements.? Effective … Continue reading
Posted – July 1, 2013 Almost every session of the Washington Legislature produces new laws pertaining to Washington condominium and homeowners associations. This legislative session resulted in the passage of two such laws – one governing speed limit enforcement and … Continue reading
This month the governor signed ten legislative bills affecting Associations into law, as discussed below. An omnibus bill provides multiple amendments and additions to the Texas Uniform Condominium Act (Chapter 82 of the Texas Property Code). All associations must file … Continue reading
The Greater Los Angeles Chapter of Community Associations Institute has published its May/June issue of Focus Magazine, which features an article by David Swedelson, Esq. describing case law which affects California community associations’ disclosure responsibilities. As David describes in the … Continue reading
POSTED ON: JUNE 24, 2013 , BY LAURA MANNING-HUDSON A decision earlier this month by the Third District Court of Appeal serves as a good lesson to community associations and their attorneys about the importance of working closely with their process servers to ensure … Continue reading
By CRISTINA SILVA, Associated Press — posted June 20, 2013 PHOENIX (AP) — Homeowner associations were dealt a kick in the face Thursday when Gov. Jan Brewer signed a sweeping campaign finance bill that became a catch-all vehicle for a number of … Continue reading
A property owner’s right to attend a meeting of a homeowner’s association does not necessarily include the right to send a lawyer to represent the owner at the meeting, the Fourth District Court of Appeal has ruled. Div. One yesterday … Continue reading
By D. Ryan McCabe Posted June 19, 2013 The New Mexico Court of Appeals affirmed a ruling that a Homeowners’ Association’s power is limited in restricting the use or occupancy of individual units or the behavior within said units, absent … Continue reading