Won’t You Be My Neighbor?
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
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
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
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 January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. The main goal of the CTA is to combat financial crimes by enhancing transparency in the ownership and control of corporations. ...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
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
Assessments are the lifeblood of any condominium or homeowners association. To run properly, community associations must maintain strong financials. Associations must ensure that unit owners pay their assessments on time and...more
This year at the 2023 Community Associations Institute (CAI) Law Seminar in New Orleans, Louisiana, one breakout session focused on Boards of Directors conducting Association business electronically through various modern...more
All community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis to elect the...more
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events. How communities deal with these problems was the focus of Ward and Smith's latest...more
The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:5-1, et seq.) (the “Act”) was amended on Monday, January 22, 2022, to permanently allow remote community association member meetings (using Zoom, Teams, or other remote...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
The past 19 months have been a challenging time. As a result of the Coronavirus pandemic, many precautions and restrictions were put in place to prevent the transmission and spread of COVID-19, including executive orders...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
A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more
The Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community. In our experience, we have noticed that many...more
July 1 means new laws become effective in Virginia. The 2021 legislative session and special sessions were busy and resulted in sweeping changes—many of which impact Virginia community associations. Of significance to...more
The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures. The country looked forward to a new year with new hope. A new year usually...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
From the date of creation until death, a community association requires funds to operate. Operational funds for the association are obtained through assessments levied by the community association, but only as homes are built...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
The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a "Declaration" for a planned community or a...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