Assessments, Condos vs. Town Homes
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
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
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
Join us for a live webinar as Winstead attorney Teddy Holtz covers the ethical duties of Association Directors and Officers, additional tips for being a model Director, and tips for responding to or dealing with troublesome...more
Join us for a live webinar as Winstead attorney Teddy Holtz discusses the Fair Housing Act & ADA POA Implications....more
An educational webinar series presented by Winstead's Homeowners Association Law Practice Group. Winstead attorney Teddy Holtz will discuss short-term rentals affecting property owners' associations and provide a case law...more
California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the...more
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
Winstead attorney Teddy Holtz will discuss the legal process of enforcing deed restrictions until compliance is gained. Board members and managers will gain a greater understanding of the legal process and tips & tricks they...more
Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more
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
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
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
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
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
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
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
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more
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
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community. But at their best,...more
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
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
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
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
It is official, there is a global pandemic. This affects everyone. With the onslaught of cancellations, closings, quarantining, and social distancing, COVID-19 is changing how we work, live, and interact at least for the...more