HOA, Condo, Co-op Legislative Highlights (October 2017)

By Deborah Goonan, Independent American Communities District of Columbia Effective April 2017, the Condominium Owner Bill of Rights and Responsibilities Amendment Act of 2016 provides some consumer-friendly provisions. First, the Act requires condominium associations to provide written notice to an owner who becomes delinquent on assessments. The notice must include a breakdown of all charges, and …

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HOA, Condo, Co-op Legislative Highlights (Sept 2017)

By Deborah Goonan, Independent American Communities   California California residents of common interest developments have moved one step closer toward upholding their First Amendment rights to freedom of speech and assembly. CA SB-407, An act to add Section 4515 to the Civil Code, has been signed by the Governor, and is now enacted as of September …

HOA, condo, co-op Legislative highlights (June 2017)

By Deborah Goonan, Independent American Communities California CA SB 407 has been placed on the calendar for a third reading in the Assembly, with amendments to clarify that a common interest community's governing documents may not prohibit a member's right to "peacefully assembly and freely communicate" on association property for various political purposes, to include …

Legislation should limit power of HOAs

By Deborah Goonan, Independent American Communities An interesting trend is happening across the U.S. Local media are engaging in investigative reports that highlight the fact that homeowners associations (HOAs) have far too much power. To illustrate, here is a recent report from the state of North Carolina. Homeowners share cautionary tales of HOA nightmares Diane Wilson, …

HOA, Condo, Co-op Legislation updates (May 2017 – CA, MD, MO, NM)

By Deborah Goonan, Independent American Communities California In an effort to clearly define First Amendment rights in association-governed communities, SB 407 is making its way through Senate Committees. The bill would make it unlawful for an association-governed community to restrict a member's right to freedom of speech and freedom of assembly on common property. The …

HOA, Condo, Co-op Legislation updates (May 2017 – AZ, CO, FL, HI)

By Deborah Goonan, Independent American Communities Arizona Governor Doug Ducey has signed HB2411. The bill amends current Statute with regard to open meetings, recording of meetings by members of the association, and secret ballot requirements. An unrelated amendment was also included – section 33-440, which specifies that property owners may make amendments to a previously recorded declaration …

Legislative updates April 2017 (AZ, HI, MD)

By Deborah Goonan, Independent American Communities Arizona Arizona's legislative session concluded yesterday. Although approved by both houses of the state Legislature, Governor Ducey vetoed HB 2321, a bill that would have prohibited cumulative voting in association-governed communities. Arizona governor vetoes homeowner association voting bill Mar 31, 2017 (The Daily Progress) PHOENIX (AP) — Arizona Gov. …

In search of equality: are HOAs businesses or not?

By Deborah Goonan, Independent American Communities HOA Industry's point of view is inconsistent, in light of its legislative quest for equal access to FEMA disaster relief. Once again, the industry is exposing its tendency to promote a double standard with regard to homeowner, condominium, and cooperative associations. Community Associations Institute (CAI) is notorious for being …

HOA, Condo Legislation updates: Hawaii

By Deborah Goonan, Independent American Communities As noted in a previous blog, several HOA and Condominium bills have been introduced in Hawaii this year. One of the most notable, HB 381, a proposal for establishment of a Condominium Ombudsman to handle dispute resolution, has died in committee, following testimony at a hearing held on February 8, 2017. …

Illinois condo legislation would increase transparency

By Deborah Goonan, Independent American Communities UPDATE: Unfortunately, HB 2627 failed to gain traction in the state Legislature this year. The bill is likely to be reintroduced next session.  Original post: A few months ago, Michael Novak, a resident of State Parkway Condominium in Chicago, was being threatened with fines by his condo association for …