News & Analysis as of

Condominiums Board of Directors

Winstead PC

Minority Owner Protection Provisions in Commercial or Mixed-Use Condominium Projects - July 2024

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To preserve the marketability of a commercial or mixed-use condominium unit sold to a third-party, it may be necessary to include specialized minority owner protection provisions in the condominium declaration for the...more

Bilzin Sumberg

Rounding Up HB 1021’s Impact on Florida Condominiums

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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

Whiteford

2024 Virginia Legislative Updates for Common Interest Communities

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The Virginia General Assembly approved a number of bills during its 2024 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more

Shumaker, Loop & Kendrick, LLP

Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and...more

Lasher Holzapfel Sperry & Ebberson PLLC

HOAs and Special Assessments: What to Know

If you have considered living in or currently live in a community with a homeowners’ association (commonly referred to as an HOA) such as a condominium or complex of townhomes, you have likely heard of special assessments....more

Woods Rogers

Shining a Light on Executive Session

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Let the sunshine in. I am not talking about the popular 1969 song by The 5th Dimension. I am referring to the statutes governing Virginia community associations that require all meetings of a board of directors, including...more

Stoel Rives LLP

New Decision Gives Washington HOAs Broader Deference in Allocating Assessments

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In Brief Court confirms that HOAs in Washington have broad deference when deciding how to allocate assessments. The court ruling could reduce lawsuits challenging discretionary board decisions relating to assessments. The...more

Farrell Fritz, P.C.

Appellate Rulings Endorse Courts’ Broad Remedial Powers Over Condo and Co-op Board Elections

Farrell Fritz, P.C. on

Serving dual roles as urban homestead and non-profit business operation, residential condominiums and co-ops occupy a special niche in the arena of dispute resolution among co-owners of joint enterprises....more

Baker Donelson

House Bill Would Make Changes In Condominium Governance, Particularly During The Period of Developer Control

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House Bill 140, now pending in the Maryland General Assembly, would make several amendments to the Maryland Condominium Act relating to governance during the period of developer control and, in all condominiums, would expand...more

Buchalter

BEFORE THE WALLS COME CRUMBLIN’ DOWN: Lessons that Condo Associations Can Learn from Surfside, Florida Condominium Building...

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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

Winstead PC

Minority Owner Protection Provisions in Commercial or Mixed-Use Condominium Projects

Winstead PC on

To preserve the marketability of a commercial or mixed-use condominium unit sold to a third-party, it may be necessary to include specialized minority owner protection provisions in the condominium declaration for the...more

Ward and Smith, P.A.

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

Ward and Smith, P.A. on

The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...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

Shumaker, Loop & Kendrick, LLP

Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting

Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association...more

Ward and Smith, P.A.

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

Ward and Smith, P.A. on

...Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners' association, the owner may have to obtain consent and the effect the...more

Foodman CPAs & Advisors

Condominium Owner? How to spot problems with your HOA

Foodman CPAs & Advisors on

Statistics show that most Condo owners do not attend Board of Directors (BOD) meetings and avoid involvement with HOA issues. ...more

Sands Anderson PC

Checklist of Yearly Items for Community Associations

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For those who are board members and officers of community associations, there is a yearly rhythm to the orderly conduct of the association that needs to be maintained. Minding those yearly issues and doing so in a timely...more

Ward and Smith, P.A.

Best Practices For Homeowner Association Directors and Boards

Ward and Smith, P.A. on

Approximately 65 million Americans reside in a subdivision, condominium complex, or other planned community which is governed by a community association. The typical community association is governed by a board of...more

Shumaker, Loop & Kendrick, LLP

Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption

The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or...more

Bilzin Sumberg

The 2017 Fla. Legislature Returns To CondoLand

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Once again, after a one-year hiatus, the Florida Legislature has produced several condominium bills. Typically, the Legislature passes a single condominium bill into which other approved bills have been merged. ...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

Ballard Spahr LLP

Mandatory Training for Community Association Board Members

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Following the release of a report evaluating the Montgomery County Commission on Common Ownership Communities, the Montgomery County Council in Maryland enacted legislation that requires training and certification for board...more

Ward and Smith, P.A.

Recent North Carolina Court of Appeals Decision Serves as Reminder to Owners Associations

Ward and Smith, P.A. on

A recent decision by the North Carolina Court of Appeals serves as a reminder that owners associations must deal fairly with their members at all times and board members must not let past disputes or personal issues cloud...more

Cozen O'Connor

New Condominium Sponsor-Developers Guidelines Go Into Effect November 1: Certificates of Occupancy

Cozen O'Connor on

Earlier this week, the Real Estate Finance Bureau of the New York State Office of the Attorney General (REF) provided significant guidance on several issues facing sponsor-developers of new construction and gut-renovation...more

Bilzin Sumberg

Amendments to Condominium Termination Law Impede Ability to Terminate

Bilzin Sumberg on

Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act. This statute clears up certain problems experienced...more

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