News & Analysis as of

Condominium Associations

US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud

by Goodwin on

On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of...more

Anonymous Poster of Defamation Unmasked

by Bennett Jones LLP on

Anonymity on the Internet has encouraged some to feel they live in a culture that feels no responsibility for what might be posted and where there may be no consequences for what one posts. That is, however, not the case as...more

2017 Legislative Changes to the Florida Condominium Act

On June 26, 2017, Governor Scott approved House Bill 1237, changing or amending a number of statutes regulating condominium associations. These statutes address conflicts of interest and access to official records, changes...more

2017 Community Association Legislation

by Roetzel & Andress on

The Florida Legislature has approved several bills affecting condominium, cooperative, and homeowners’ associations. House Bill 1237 and Senate Bill 1520 only amend Chapter 718, Florida Statutes (the Condominium Act). Senate...more

Changes to Financial Reporting Requirements for Associations

On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations....more

Maryland’s Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent...

by Baker Donelson on

The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments. In an opinion issued on June 23, 2017 in the case...more

Governor Hogan Signs Law to Require Notice to Homeowners of Sales of a Common Element or Common Area

by Baker Donelson on

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of...more

Client Alert Update: Community Associations’ Estoppel Certificates

On June 14, 2017, Governor Scott signed Senate Bill 398, enacting it into law. The law, which goes into effect on July 1, 2017, amends sections 718.116, 720.30851, and 719.108, Florida Statutes, regarding condominium,...more

Governor Signs Bill To Reduce Votes Required To Amend Condo and HOA By-Laws

by Baker Donelson on

Maryland Governor, Larry Hogan, has signed into law a bill which will reduce the number votes required to amend condominium and homeowner association bylaws. What originated as House Bill 789, (now Chapter 480 of the 2017...more

Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments

by Baker Donelson on

Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws. As amended, what originated as House Bill 789 would reduce...more

The Role of the Community Association in Neighbor vs Neighbor Disputes

Neighbor vs neighbor disputes are frequently a part of life in community associations. Common examples may include an owner allowing his dog to use his neighbor’s yard or an owner dumping trash on his neighbor’s yard....more

Senate Committee Issues Favorable Report On Bill To Preclude Developers From Limiting Condo Owners Claims

by Baker Donelson on

The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, intended to protect condominium owners’ rights with regard to bringing...more

House of Delegates Passes Legislation Requiring Periodic Reserve Studies

by Baker Donelson on

By a vote of 135-1, the Maryland House of Delegates has passed House Bill 651, which would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas. As discussed in...more

House of Delegates Passes Registration Requirement for Condos, HOAs and Coops

by Baker Donelson on

The Maryland House of Delegates, by a vote of 99- 39, has passed House Bill 41, which would require residential condominiums, homeowner associations and cooperative housing corporations to register annually with the Maryland...more

Proposed Legislation Would Require Condominiums To Give Unit Owners Notice Of A Sale Or Lien Affecting A Common Element

by Baker Donelson on

Senate Bill 809 and House Bill 1369, now pending in the Maryland General Assembly, would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of...more

Maryland Legislature Considers Proposal to Reduce Votes Required to Amend Bylaws

by Baker Donelson on

House Bill 789, now pending in the Maryland General Assembly, would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws...more

Proposed Maryland Law Would Require Condominiums and Homeowner Associations To Undertake Reserve Studies

by Baker Donelson on

House Bill 651, now pending in the Maryland General Assembly, would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas. It is proposed that new Section...more

Texas Supreme Court Broadly Defines Successor When Enforcing the Insured v. Insured Exclusion

by Cozen O'Connor on

The Underlying Dispute - Robert Primo (Primo) served as the director and treasurer for a condominium association. Shortly before he resigned from that position, he wrote himself two checks totaling more than $100,000...more

Limitations on Community Association Approval or Denial of Service Member Rental Applications

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven...more

What is a Community Association? Unwrapping the Riddle

by Ward and Smith, P.A. on

There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a clear understanding of what the heck the community association...more

Court Affirmed Dismissal Of Breach Of Fiduciary Duty Claims Against Condo Board Members

by Winstead PC on

In Brown v. Hensley, a condominium complex was damaged by a hurricane, and the board of the complex allowed the complex to be demolished. No. 14-14-00981-CV, 2017 Tex. App. LEXIS 727 (Tex. App.—Houston [14th Dist.] January...more

Money, Dirt and Steel: Year End 2016

by Williams Mullen on

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

What Information Is My Community Association Required to Provide in Relation to Sales of Units?

During transfers of properties in condominiums or other planned communities, community associations are frequently contacted by prospective buyers, lenders or realtors with requests for information pertinent to the transfer....more

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

by Roetzel & Andress on

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review...more

Changes to the PA Uniform Planned Communities Act and the Uniform Condominium Act.

by Tucker Arensberg, P.C. on

Governor Wolf recently signed into law House Bill No. 1340 of 2015 which amends both the Uniform Planned Communities Act and Uniform Condominium Act. The two statutes are complementary and have substantially similar...more

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