News & Analysis as of

Community Associations State and Local Government

Whiteford

Client Alert: D.C. Electric Vehicle Charging Station Law (“Right to Charge”)

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On or about March 6, 2025, DC Act 25-625, “Comprehensive Electric Vehicle Infrastructure Access, Readiness, and Sustainability Amendment Act of 2024” will go into effect after the Congressional Review Period ends. The law...more

Ward and Smith, P.A.

Defamation 101 for Community Associations

Ward and Smith, P.A. on

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

Woods Rogers

2024 Virginia Legislative Changes Affecting Community Associations

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The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium...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 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

Adams & Reese

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

Shumaker, Loop & Kendrick, LLP

Florida Statutes May Require Community Associations to Hold Voting Certificates

To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if...more

Shumaker, Loop & Kendrick, LLP

Florida Senator Proposes Creation of State Database for Homeowners Association Information

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

Shumaker, Loop & Kendrick, LLP

January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching

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

Shumaker, Loop & Kendrick, LLP

Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse 

On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective...more

Schwabe, Williamson & Wyatt PC

Oregon HOA’s and Condo Associations Need to Omit Discriminatory Language in Governing ‎Documents ‎

The Oregon Legislature adopted a bill in 2021 to ensure planned communities eliminate discriminatory language from their governing documents by the end of this year. House Bill 2534, which amends Oregon Revised Statutes (ORS)...more

Shumaker, Loop & Kendrick, LLP

Homeowners Associations and the Marketable Record Title Act (“MRTA”)

Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their...more

Stoel Rives LLP

Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction...

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Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more

Woods Rogers

Community Associations Legal Alerts: Ending of Certain Public Health Restrictions Effective May 28, 2021

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Effective May 28, 2021, certain public health restrictions that have been in place for well over a year will end.  Executive Order Number 79 (“EO79”) terminates the Seventh Amended Executive Order Number 72 and Order of...more

Woods Rogers

Impact of Executive Order 68 on Hampton Roads Community Associations

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In response to increases in positive COVID-19 case counts in the Hampton Roads area, Governor Northam issued Executive Order 68 that places additional restrictions on certain cities and counties.  The jurisdictions subject to...more

Ward and Smith, P.A.

Significant Restrictions Imposed on Public and Community Pools for Phase 2 Reopening in NC

Ward and Smith, P.A. on

Effective May 22, 2020 at 5pm, North Carolina will enter what the Governor calls "Phase 2" of the Governor's prolonged phases of reopening the state. To enter Phase 2, the Governor issued Executive Order 141 to implement...more

Ward and Smith, P.A.

Don't Dive Right In! Strategies for Opening Community Pools in the Wake of COVID-19

Ward and Smith, P.A. on

State and local governments are beginning to phase out or entirely lift COVID-19 restrictions.  With spring in the rearview mirror and summer dead ahead, community association boards and community managers are feeling...more

Baker Donelson

Proposed Legislation Would Require Unit Owner Participation On a Condo’s Board of Directors During the Period of Developer Control

Baker Donelson on

House Bill 1053, now pending in the Maryland General Assembly, would make significant changes affecting the operation of a condominium during the period of developer control. The proposed law would require the developer,...more

Sands Anderson PC

Title 55 has been repealed, long live Title 55.1: Tools to ease the transition from Title 55 to Title 55.1.

Sands Anderson PC on

Effective October 1, 2019, Title 55 will be repealed and recodified as Title 55.1. What does this mean for you? If you work in any field relating to real estate, it will have a variety of effects....more

Ward and Smith, P.A.

The Land and Everything that Goes with it: How Community Association Restrictions "Run with the Land"

Ward and Smith, P.A. on

It may be hard to believe, but community associations ("Associations") occasionally deal with homeowners who don't think they are required to pay assessments. The reasoning for these beliefs can range from "I don't use the...more

Sands Anderson PC

Local Governments and Community Associations: Who Enforces Your Regulations?

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Your local government (county, city or town) is there to serve. The local government regulates the owners of your association through zoning, taxes them on your real estate and personal property, and provides services such...more

Ward and Smith, P.A.

No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

Ward and Smith, P.A. on

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places "smoke-free." For its part, the North...more

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