News & Analysis as of

Homeowners Association (HOA) Community Associations

Stark & Stark

Corporate Transparency Act (CTA): Action Required for Community Associations

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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

Ward and Smith, P.A.

The Aftermath: Recovering From a Hurricane

Ward and Smith, P.A. on

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

Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Refuses to Enforce 'Unreasonable' Amendment to Restrictive Covenant Prohibiting Short-Term Rentals

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

Stark & Stark

New Reserve Law - Community Association Compliance Required

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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

Winstead PC

HOA Diligence for Manufactured Housing Investors

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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

Shumaker, Loop & Kendrick, LLP

HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....more

Ward and Smith, P.A.

Defamation 101 for Community Associations

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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

Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or...

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

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 1645 (2024), Prohibiting Homeowners Associations from Limiting the Use of Certain Fuel...

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide...

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection...

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers

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

Roetzel & Andress

HB1203, HB59 & HB293 to Affect Florida HOAs

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On May 31, 2024, Governor DeSantis signed the largest of three new bills that will have a significant impact on homeowners’ associations (HOAs). House Bill 1203, House Bill 59, and House Bill 293 introduce a range of new...more

Foodman CPAs & Advisors

HOAs Son Empresas Reportantes Según El CTA

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

Foodman CPAs & Advisors

HOAs Are Reporting Companies Under The CTA

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations’ Use of Best Efforts to Obtain Insurance

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

Bowditch & Dewey

Shining a Light on Rooftop Solar for Massachusetts Condo Owners

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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

Lerch, Early & Brewer

2024 Maryland Community Associations Legislative Update

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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

Steptoe & Johnson PLLC

Homeowner Associations, Condominiums, and the Corporate Transparency Act

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

Ward and Smith, P.A.

Navigating the Homefront: A Guide to Handling Violations in Community Associations

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...Every member of a community association agrees to abide by the community's governing documents by virtue of taking ownership of their lot or unit. Community associations sometimes get a bad rap for how violations of the...more

Adams and Reese LLP

Failure to Follow Community Association Governing Documents Leads to Litigation in Florida

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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

Winstead PC

Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members

Winstead PC on

In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex....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

Winstead PC

[Webinar] HOA Law Live Series - Good Governance - February 14th, 12:00 pm - 1:00 pm CT

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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

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