Assessments, Condos vs. Town Homes
As the end of the year approaches, there has been no determination that community associations will be relieved of the requirement to comply with the Corporate Transparency Act (CTA). While we remain hopeful of a legislative...more
The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more
A new federal law requires homes associations and neighborhood associations to disclose information about persons with control over the association. Why this matters for you. From Wall Street to Main Street to your...more
Barring any unforeseen changes, the Corporate Transparency Act's (CTA) major reporting deadline arrives on January 1, 2025. The CTA requires all existing reporting companies (those entities formed prior to January 1, 2024) to...more
The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more
These powerful storms are unpredictable, and despite our best efforts to prepare, they often leave a trail of destruction in their wake. When the winds finally die down and the floodwaters recede, they often leave behind a...more
Maryland has been proactive in passing laws to encourage EV ownership and installation of EV chargers. This article discusses some of these laws and how they affect residential and commercial real estate....more
The North Carolina Court of Appeals waded into territory that has become increasingly challenging for developers and homeowners' associations (HOAs) to navigate: the regulation of short-term rentals....more
We are now halfway through 2024 and we want to again remind our community association clients to check their reserve study status to ensure compliance with the January 8, 2024 law relating to reserve studies and reserve...more
A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in...more
Effective July 1, 2024, Virginia has implemented several significant changes to its real estate laws. In this year’s installment, tenants get a whole lot of protections (kind of), HOAs are put on a tighter leash, and brokers...more
The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76...more
While a strong relationship with a residents' association can benefit the successful operation of any manufactured housing community (an "MHC"), in certain states, understanding residents' and resident associations' statutory...more
On July 12th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner...more
A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....more
El 6/10/24, FinCEN actualizó su página de preguntas frecuentes para incluir siete nuevas actualizaciones. FinCEN afirma que continuará brindando orientación sobre cómo presentar información sobre beneficiarios reales;...more
On 6/10/24, FinCEN updated its FAQs page to include seven new updates. FinCEN states that it will continue to provide guidance on how to submit beneficial ownership information; including updating the FinCEN BOI FAQs 6/10/24....more
One of the hottest topics in the HOA-world over the past year has been the implementation of the Corporate Transparency Act (CTA). Although enacted by Congress in 2021, registrations under the CTA became mandatory for newly...more
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
No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and...more
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
A homeowners’ association has lost its battle to enforce a restrictive covenant against an owner who began renting his property on a short-term basis to private parties through his own website and third-party rental sites,...more
On May 15, 2024, Governor DeSantis signed HB 1645 (2024). Effective July 1, 2024, HB 1645 (2024) amends Fla. Stat. Sec. 720.3075 as follows...more
On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law. Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows...more