News & Analysis as of

Condominium Associations

Cozen O'Connor

Corporate Transparency Act Update: New York Cooperatives, Condominiums, and HOAs are Advised to Comply

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January 1, 2025, is the deadline for all entities (unless exempt) created prior to January 1, 2024, to file reports under the Federal Corporate Transparency Act (CTA), and there are substantial penalties for noncompliance....more

Roetzel & Andress

Countdown to December 31, 2024: Vital Deadlines for Florida Community Associations

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As season approaches for Southwest Florida, so too do important legal deadlines that all Florida community associations need to be aware of. Here is what you need to know: Corporate Transparency Act (Condos, Cooperatives,...more

Stark & Stark

New Structural Integrity Law In New Jersey - Community Association Compliance Required

Stark & Stark on

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law...more

Ward and Smith, P.A.

Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations

Ward and Smith, P.A. on

With federal and state elections less than forty-five days away, political signs are popping up in yards everywhere.  Many community associations have restrictions in their declaration or covenants, conditions, & restrictions...more

Fox Rothschild LLP

What Co-op and Condo Boards Need to Know About the Corporate Transparency Act

Fox Rothschild LLP on

As the year-end deadline for compliance with the Corporate Transparency Act approaches, boards of cooperatives, condominiums and Homeowners Associations should be aware of the requirements that may affect them. The CTA...more

Stark & Stark

Corporate Transparency Act (CTA): Action Required for Community Associations

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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

Marshall Dennehey

Appraisal Was Premature Because an Evidentiary Hearing Was First Required to Determine Whether the Policyholder Satisfied the...

Marshall Dennehey on

Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more

Marshall Dennehey

District Court Grants Motion for Rehearing but Maintains Its Prior Decision That Affirmed the Trial Court’s Decision in Favor of...

Marshall Dennehey on

Universal Property and Casualty Insurance Company a/s/o Perez v. Laguna Riviera Condominium Assn, Fla. 2nd DCA, 2D23-34, Mar. 1, 2024 - In this interesting dispute, the Second District Court of Appeal took the unusual step of...more

Bilzin Sumberg

Condominium Law Continues to Evolve

Bilzin Sumberg on

The legal landscape for condominium law continues to evolve. On August 5, 2024, Miami-Dade Circuit Court Judge Thomas J. Rebull issued an illuminating order in the long-running Carillon litigation. Moreover, on October 1,...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

Marshall Dennehey on

For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Ward and Smith, P.A.

Recent Case Law Does Not Doom All Rental Restriction Amendments

Ward and Smith, P.A. on

The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more

Whitman Legal Solutions, LLC

Maryland Laws Incentivize Electric Vehicles

Maryland has been proactive in passing laws to encourage EV ownership and installation of  EV chargers. This article discusses some of these laws and how they affect residential and commercial real estate....more

Winstead PC

[Webinar] Navigating Stormy Waters: Understanding Condominium Insurance and Named Storm Deductibles - August 22nd, 2:30 pm CT

Winstead PC on

Join Winstead PC and Alliant Insurance for an informative webinar on Texas property insurance for condominiums. We'll dive into the essentials of Condominium Insurance and Named Storm Deductibles. Learn what actions to take...more

Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Refuses to Enforce 'Unreasonable' Amendment to Restrictive Covenant Prohibiting Short-Term Rentals

The North Carolina Court of Appeals waded into territory that has become increasingly challenging for developers and homeowners' associations (HOAs) to navigate: the regulation of short-term rentals....more

Stark & Stark

New Reserve Law - Community Association Compliance Required

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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

Woods Rogers

A Legislative Fix for Virginia Community Associations After Palisades Park

Woods Rogers on

The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76...more

Winstead PC

Property Insurance Requirements for Condominiums

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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

Shumaker, Loop & Kendrick, LLP

HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....more

Winstead PC

The Corporate Transparency Act: HOAs Don’t Need that Kind of Transparency

Winstead PC on

One of the hottest topics in the HOA-world over the past year has been the implementation of the Corporate Transparency Act (CTA). Although enacted by Congress in 2021, registrations under the CTA became mandatory for newly...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

Shumaker, Loop & Kendrick, LLP

Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or...

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

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

Woods Rogers

The Virginia Condominium Act Turns 50

Woods Rogers on

While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on...more

Shumaker, Loop & Kendrick, LLP

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures,...more

Bilzin Sumberg

Rounding Up HB 1021’s Impact on Florida Condominiums

Bilzin Sumberg on

CS/CS/CS/HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of...more

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