News & Analysis as of

Condominium Associations Board of Directors

Ward and Smith, P.A.

Defamation 101 for Community Associations

Ward and Smith, P.A. on

It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more

Shumaker, Loop & Kendrick, LLP

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures,...more

Bilzin Sumberg

Rounding Up HB 1021’s Impact on Florida Condominiums

Bilzin Sumberg on

CS/CS/CS/HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and...more

Shumaker, Loop & Kendrick, LLP

“Homeowners’ Associations Bill of Rights” Law Takes Effect October 1, 2023

On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including...more

Stark & Stark

To Volunteer or Not: The Role of Community Association Board Members

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Community associations by and large rely on the efforts of volunteer board members to ensure their success. These individuals play a critical role in shaping the direction and priorities of the organization, and in ensuring...more

Lasher Holzapfel Sperry & Ebberson PLLC

HOAs and Special Assessments: What to Know

If you have considered living in or currently live in a community with a homeowners’ association (commonly referred to as an HOA) such as a condominium or complex of townhomes, you have likely heard of special assessments....more

Stoel Rives LLP

New Decision Gives Washington HOAs Broader Deference in Allocating Assessments

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In Brief Court confirms that HOAs in Washington have broad deference when deciding how to allocate assessments. The court ruling could reduce lawsuits challenging discretionary board decisions relating to assessments. The...more

Woods Rogers

Don’t Be Dazed and Confused: Legalization of Marijuana and Possible Impact on Virginia Community Associations

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Massive legislation legalizing marijuana in Virginia became law July 1, 2021. The legislation ranges from legalization of marijuana to expungement of criminal records involving marijuana offenses to funding a public awareness...more

Woods Rogers

2021 Legislative Changes that Impact Virginia Community Associations

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In the midst of the COVID-19 crisis, the Virginia General Assembly had a busy 2021 session that consisted of a regular session and a subsequent special session during which it passed many different pieces of legislation that...more

Woods Rogers

Legal Counsel’s Two Cents on Community Association Budget Considerations

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It is that time of year.  Summer vacations are in the books, schools are in session, and pumpkin spice lattes are back on tap.  These signs of Fall also mean many Virginia community associations are in budget season....more

Buchalter

BEFORE THE WALLS COME CRUMBLIN’ DOWN: Lessons that Condo Associations Can Learn from Surfside, Florida Condominium Building...

Buchalter on

Surfside Collapse – what we know so far: On Thursday, June 24, 2021, at approximately 1:25 a.m., Champlain Towers South, a twelve-story beachfront condominium in the Miami suburb of Surfside, Florida, partially...more

Winstead PC

Sustainable Governance: Responding to Changed Circumstances

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A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more

Woods Rogers

Hindsight is 2020 – A Look Back at Impact of COVID-19 on Community Associations Focuses Efforts Moving Forward

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Since March 2020, society has learned how to navigate through and adjust to many upheavals and changes caused by the COVID-19 pandemic. This is certainly true for community associations conducting business and carrying out...more

Ward and Smith, P.A.

Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

Ward and Smith, P.A. on

It's that time of year again. The holidays are upon us, and the end of the year is drawing near. As we reflect on the unprecedented past year, many of us begin to look forward and think, "What's next?" With a New Year...more

Ward and Smith, P.A.

Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations' Boards

Ward and Smith, P.A. on

Nearly 30 percent of North Carolina's population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community...more

Ward and Smith, P.A.

Your HOA Got Served: Now What?

Ward and Smith, P.A. on

The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. When that happens, there are a number of basic but important "to-do's"...more

Woods Rogers

The Impact Of Coronavirus On Virginia Community Associations – FAQs

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Which Executive Orders Impact Community Associations and What Do The Executive Orders Say? Executive Orders 53 (as amended) and 55 collectively, and among other things, impact Virginia community associations as follows: ...more

Winstead PC

COVID-19 Presents Unique Issues for Community Associations

Winstead PC on

The COVID-19 pandemic has caused a unique set of issues for community associations. States, counties, cities, and the federal government have taken unheard of measures in an attempt to slow the spread of COVID-19. These...more

Ward and Smith, P.A.

A Dogfight Over Neighborhood Rules: Amending Homeowners Association Bylaws

Ward and Smith, P.A. on

Picture yourself in your new home in Tranquility Acres, a planned community built five years ago by one of the region's best residential developers. Last year your neighbor Barney finally completed construction of his home...more

Shumaker, Loop & Kendrick, LLP

“Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required)

Frequently, there are complaints by association members regarding violations of Florida’s Sunshine Laws, Chapter 286, Florida Statutes, which mandates public access to records and meetings. Sunshine Laws only apply to state...more

Shumaker, Loop & Kendrick, LLP

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

Winstead PC

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

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

Ward and Smith, P.A.

What's So Special About Special Meetings? A Brief Look Into Special Meetings of Property Owner Associations

Ward and Smith, P.A. on

All North Carolina property owner associations are required by law to have regular meetings of the Board of Directors ("Board") and at least one annual membership meeting to discuss and transact certain association business. ...more

Shumaker, Loop & Kendrick, LLP

Client Alert - Community Associations: Amendments to Chapters 718 & 720, Florida Statutes

On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida....more

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