News & Analysis as of

Homeowners' Association

The Legality of Post-Bankruptcy Condo or Homeowner Association Assessments

A recent bankruptcy case illustrates how bankruptcy affects condominium or homeowner’s association assessments. The Bankruptcy Court for the Southern District of Florida ruled that a condominium association was not in...more

Colorado House Bill 1279 stalls over 120-day unit owner election period

by Snell & Wilmer on

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect...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

Maryland Senate Committee Approves Amendment To Bill Allowing HOAs To Collect Fees For Resale Inspections

by Baker Donelson on

The Maryland State Senate has approved, with amendment, a bill previously passed by the House of Delegates. House Bill 34, would give homeowner associations the right to collect a fee relating to inspections during the...more

2017 Proposed Legislation Regarding Florida Statutes, Chapter 718

In recent legislation, Senate Bills 1258 and 1682 and House Bills 1001 and 1237 seek to amend Florida Statutes, Chapter 718....more

State Senate Passes Bill Requiring Notice To Owners Of Common Element Sales

by Baker Donelson on

By a vote of 47-0, the Maryland State Senate passed Senate Bill 809, which 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 a...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 Maryland Law Would Permit HOAs To Collect A Fee For Resale Inspections

by Baker Donelson on

House Bill 34 in the Maryland General Assembly would give homeowner associations the right to collect a fee relating to inspections during the resale process. The proposed law would entitle an HOA to charge “a reasonable fee...more

Maryland General Assembly Considers Bill To Require Written Policies For Homeowner Association Payment Plans

by Baker Donelson on

Senate Bill 1115, filed in the Maryland General Assembly, would require homeowner associations to adopt a written policy if it permits payment plans for homeowner fees and other charges. The new law would add Section...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

Two’s Company, but Three’s a Crowd: A Third Party's Right to Intervene in a Foreclosure Lawsuit

Are subsequent title holders who obtain an interest in real property during the pendency of a foreclosure lawsuit where a lis pendens has been properly recorded (referred to as a “Purchaser Pendente Lite”), entitled to join...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

Restrictive Endorsement

Restrictive endorsements when coupled with payment are still applicable to associations. As many may remember, The Florida Legislature amended Florida Statutes §718.116 and §720.3085 to include language relating to the...more

Homeowner's Association Bill Dies During First Funnel Week

by Davis Brown Law Firm on

As you may know, earlier this year a bill was introduced at the Iowa legislature that included proposed changes to the law applicable to homeowner’s associations. The bill, House File 158, was entitled the “Iowa Common...more

Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation....more

“Succeeds to the Interests of” Does Not Require Assumption of Obligations: D&O Policy’s Insured v. Insured Exclusion Applies to...

by Cozen O'Connor on

On February 24, 2017, the Texas Supreme Court reinstated a state trial court ruling that an “insured-versus insured” exclusion barred coverage under a D&O policy for the costs of defending a lawsuit. Because the D&O insurer...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

Proposed Maryland Legislation Would Expressly Authorize Baltimore County Homeowner Associations To Bring Nuisance Actions

by Baker Donelson on

House Bill 496, now pending in the Maryland General Assembly, would give express authority to Homeowner and Community Associations in Baltimore County to bring a court action seeking relief from or abatement of an alleged...more

Bill in the Maryland General Assembly Would Permit Restrictions and Prohibitions On Smoking By Condos, HOAs and Landlords

by Baker Donelson on

House Bill 500, now pending the Maryland General Assembly, provides for a proposed amendment to Section 11-104 of the Maryland Condominium Act that would allow a condominium’s bylaws to include “a restriction or prohibition...more

Maryland General Assembly Again Considers Registration Requirement For Common Ownership Communities

by Baker Donelson on

House Bill 41 now pending in the Maryland General Assembly would require condominiums, homeowner associations and cooperative housing corporations to register annually with the Maryland Department of Assessments and Taxation....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

2017 Legislation Aims to Diminish Developer Control of Homeowner Associations in South Carolina - Pre-Filed South Carolina...

by Nexsen Pruet, PLLC on

In 2016, the South Carolina legislature organized a study committee, titled the "South Carolina Committee on Homeowners Associations," which explored various issues affecting the level of authority that developers have over...more

Oregon High Court Clarifies How To Read the Four Corners of a Complaint

by Selman Breitman LLP on

On December 8, 2016, the Oregon Supreme Court issued a decision, West Hills Development Co. v. Chartis Claims, Inc., 360 Or. 650 (2016), clarifying what allegations in a construction defect suit will implicate coverage under...more

Foreclosures – Enforcement of Judgments – Equitable Redemption

by Low, Ball & Lynch on

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure...more

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