Won’t You Be My Neighbor?
One of the most often misunderstood sections of the Texas Uniform Condominium Act (“TUCA”) is Section 82.111. Pursuant to Section 82.002(c) of TUCA, Section 82.111 applies to all condominiums in the State of Texas -...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
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
Effective January 1, 2025, housing providers in New York City will need to think twice about how they use criminal background checks. Local Law No. 24, titled the Fair Chance Housing Act, limits the use of criminal background...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 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability...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
The Virginia General Assembly approved a number of bills during its 2024 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...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
...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
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
Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023). The Court of Appeals' opinion upheld the ability of condominium associations to determine in their...more
On December 13, 2023, Florida State Senator Rodriguez filed Senate Bill 942 (2024), which, if adopted, would require the Department of Business and Professional Regulation (DBPR) to establish a searchable database of certain...more
Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties....more
A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the...more
The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our...more
On March 23, 2023, the General Assembly of Virginia amended the Property Owners’ Association Act, Condominium Act, Real Estate Cooperative Act, and Horizontal Property Act in the name of standardization, such changes to be...more
The 2023 Texas Legislative Session has come to a close. New laws affecting homeowners’ associations and condominium owners’ associations will take effect on September 1, 2023. Winstead was actively involved in the 2023 Texas...more
The Maryland General Assembly’s 2023 legislative session was the first under new Governor Wes Moore and resulted in several new laws that will affect community associations. There were also bills that failed which, had they...more
In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities. As we explained, condominiums and planned communities are types of common interest...more
Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of...more
Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association. Community associations are governed by a board of directors,...more