Assessments, Condos vs. Town Homes
On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more
The Colorado Legislature has taken a hard look this session at issues facing common interest communities and unit owners within them, considering several bills related to attorney fees in homeowner association ("HOA")...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
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
Short-term rentals of property, including, rentals for as short of time as on an hourly basis, are increasing in frequency around the country. The character of a community can be dramatically altered by such rentals and cause...more
North Carolina has implemented House Bill 619, which amends the regulations for residential elevators set forth in Article 9 of Chapter 143 of the General Statutes. The law applies to residential elevators in private...more
A new Missouri law may be a new cause of concern for homeowners. The new law, which restricts the ability of local government to regulate home occupations with zoning ordinances or other regulations, may allow noxious...more
The first step in challenging any homeowners association should be to carefully review their governing documents in the Declaration of Covenants, Conditions, Restrictions, and Easements (CC&Rs) to determine if there are any...more
Senate Bill 61, signed into law by Governor Mike DeWine in June, goes into effect on September 13, 2022. The bill allows homeowners and condominium owners who are subject to Homeowners Association (“HOA”) and Condominium...more
The Colorado legislature recently enacted several new laws that will significantly impact the conduct of homeowners’ associations (HOAs) across the state. These changes range from detailed procedures governing the collection...more
Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more
The reason that many people want to live in a community that is governed by “Codes, Covenants and Restrictions” (“CC&R’s) is to have the peace-of-mind that comes with knowing that everybody in the community is “playing by the...more
A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more
In the not-so-distant past, if you wanted to get from one place to another without a car of your own, you would call a taxi, with your only choice being which of the many taxicab companies to call upon. Now, of course,...more
The Missouri Supreme Court recently changed the law regarding the amendment of restrictions of the use of property in residential subdivisions. Now, a bare majority of lot owners in a subdivision can vote to do any number of...more
In recent years Los Angeles has experienced an unprecedented wave of mega-mansion development, which has inevitably changed the aesthetic and character of some of the city’s most iconic neighborhoods. In turn, some residents...more
The battle between "pesky, disrespectful, transient tenants," and "overbearing, Big Brother community associations" may be heating up in North Carolina, thanks to a bill filed at the General Assembly this week....more
In September 2018, in Baumgartner v. Timmins, 245 Ariz. 334, 429 P.3d 567, the Arizona Court of Appeals provided further clarification on what constitutes an “encumbrance” on a property for purposes of Arizona’s statutory...more
In a recent case, the Texas Supreme Court addressed an attempt by a homeowners’ association (“HOA”) to restrict short-term rentals based upon recorded Covenants, Conditions, and Restrictions (“CC&Rs”) applicable to a...more
Hurricane Florence was the first major hurricane of the 2018 Atlantic hurricane season and inflicted considerable damage around the border of North Carolina and South Carolina. As property owners look toward recovery from...more
While the butt of many jokes and a thorn in the side of some property owners, homeowners associations (“HOAs”) serve the vital function of collecting and disbursing funds to care for and maintain common areas of residential...more
When a foreclosure sale generates more money than needed to pay off the lien, the excess proceeds usually go first to creditors in the order of their priority, and second to the owner after creditors are paid in full. So, in...more
This year, the Florida Legislature approved one main bill affecting condominium, cooperative, and homeowners’ associations. House Bill 841, effective July 1, 2018, clarified many areas of the prior year’s legislative action....more