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 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
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
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
A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....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
On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more
Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs). The...more
Following a long wait, the U.S. Department of Housing and Urban Development (HUD) published a revised version of the Fair Housing Administration’s (FHA) handbook governing the origination and servicing of FHA loan products,...more
El 4/18/24, FinCEN actualizó sus preguntas frecuentes (“FAQs”) sobre reportes de beneficiarios finales e incluyó por primera vez información sobre las “HOAs” (“Home Owners Associations”). FinCEN confirma en esta actualización...more
On 4/18/24, FinCEN updated its Beneficial Ownership Reporting FAQs and included for the first time information regarding HOAs (Home Owners Associations). FinCEN confirms in this update that HOAs are reporting companies under...more
Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates...more
After the Trustees of his condominium refused his request for an Architectural Variance to install rooftop solar photovoltaic (SPV) panels on his unit, the owner brought suit in the Land Court seeking a determination that the...more
The Maryland General Assembly’s 2024 legislative session saw over 1,400 House Bills and 1,100 Senate Bills introduced, with several new laws passing that will affect community associations beginning on October 1, 2024....more
Since the enactment of the Corporate Transparency Act (CTA), property ownership associations such as homeowner associations and condominiums (collectively, POAs) have struggled to understand their beneficial ownership...more
A recent opinion out of Florida’s Third District Court of Appeal stresses the importance to read, understand, and follow community association governing documents before initiating any amendments that alter the substantive...more
The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and...more