Assessments, Condos vs. Town Homes
This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more
Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more
From basic building restrictions to complex planned communities, Louisiana’s legal framework has struggled to keep pace with evolving market demands and homeowner expectations. Courts have wrestled with these evolving market...more
In addition to the Corporate Transparency Act, the California State Legislature passed new laws that will impact common interest developments. Key highlights include: AB 2159: Amends sections 5105, 5110, 5115, 5120, 5125,...more
On December 12, 2024, the Court of Appeal of the State of California reversed a writ of mandate and agreed with the California Coastal Commission’s (CCC) denial of a permit by the Casa Mira Homeowners Association for coastal...more
Several bills introduced during this session had the potential to significantly impact the community association housing model. Throughout the session, the Community Associations Institute (CAI) North Carolina Legislative...more
Roughly 42% of Florida residents live in homeowners’ associations (HOAs). While HOAs, or community associations, offer a host of benefits to the residents that live there, they are frequently involved in disputes. ...more
On December 3, 2024, a United States District Court in the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its reporting requirements....more
There are three important requirements affecting New Jersey Community Associations: Reserve Studies Compliance, the Corporate Transparency Act (CTA) Compliance and Structural Integrity Compliance. Please ensure your...more
As discussed more fully in our previous article, the Corporate Transparency Act (CTA) went into effect at the beginning of 2024 and requires certain entities to submit beneficial ownership reports....more
This is a reminder that no later than January 1, 2025, pursuant to the U.S. Corporate Transparency Act (CTA), most corporations and other legal entities, including most homeowners' associations (HOA), condominium...more
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
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
In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners' association. Although it is not the association's job to play arbiter if a dispute arises between lot...more
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
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
Governor Ron Desantis recently signed two new bills in an effort to reform both condo and HOA laws in Florida. These both went into effect on July 1, 2024. The following is a summary of some of the revisions to the HOA laws...more
In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community...more
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
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
The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more
A new federal law requires homes associations and neighborhood associations to disclose information about persons with control over the association. Why this matters for you. From Wall Street to Main Street to your...more
Barring any unforeseen changes, the Corporate Transparency Act's (CTA) major reporting deadline arrives on January 1, 2025. The CTA requires all existing reporting companies (those entities formed prior to January 1, 2024) to...more
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