News & Analysis as of

Condominiums State and Local Government

Woods Rogers

The Virginia Condominium Act Turns 50

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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

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

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 39 - March 2024

It was a hurry-up-and-wait on the penultimate day of the 2024 Georgia legislative session. Each chamber went through fits and starts throughout the day on Tuesday, with cycles of advancing a flurry of legislation and special...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Becomes Second State to Enact Legislation to Protect Structural Integrity of Residential Housing Structures Including...

What You Need to Know- • New Jersey has passed legislation, effective immediately, designed to protect the structural integrity of condominiums and cooperative buildings in response to the June 2021 collapse of the...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

Bilzin Sumberg

4 Trends That Will Shape Florida Real Estate in 2024

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As commercial real estate markets across the U.S. cope with rising costs and slowing demand, Florida has been a rare bright spot. The Sunshine State has welcomed a record number of people and businesses in recent years, and...more

Cozen O'Connor

New Rules Set to Clarify “Good Faith” Efforts to Comply with Local Law 97

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The commencement of the Local Law 97 (LL 97) compliance period is quickly approaching, beginning in January of 2024. Condominiums and Cooperatives will soon be assessed hefty fines for non-compliance. See our previous...more

Smith Gambrell Russell

Do Marijuana Smokers Have Special Rights in Your Co-op or Condo?

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The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our...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

Shumaker, Loop & Kendrick, LLP

Client Alert: Special Session 2022D - Condominium Safety Update

As Florida Legislators conclude their third Special Session of the year, new laws regarding two paramount issues in the state of Florida—property insurance and condominium safety—are set to be forwarded to the governor for...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

Baker Donelson

Proposed Legislation Would Authorize the Creation of a Fund For Infrastructure Repairs

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House Bill 1061, now pending the the General Assembly, would authorize counties and municipalities in Maryland to create a fund to assist in the repair of infrastructure in condominiums and homeowner associations. It is...more

Shumaker, Loop & Kendrick, LLP

Shumaker Advisors 2022 Florida Legislative Session Weekly Newsletter, Week Four

HIGHLIGHTS - The fourth week of Florida’s 2022 Regular Legislative Session concluded today. With five weeks remaining in this year’s session, the legislature is approaching the halfway point of their time in Tallahassee...more

Saiber LLC

Recent Bills Introduced in New Jersey Address COVID-19 Real Estate Evictions and Lawsuits

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New legislation in New Jersey has been introduced that, if enacted, will impact tenants, landlords, and planned real estate developments (most commonly condominiums) in the State; one that seeks to strike a balance between...more

Shumaker, Loop & Kendrick, LLP

Client Alert: 2021 Changes to Florida Statutes: SB 56 Creates New Delinquent Assessment Collection Time Limits and Notice...

On June 16, 2021, Governor Ron DeSantis signed Senate Bill (SB) 56, adding new requirements to various sections of the Florida Statues relating to condominium, homeowners, and cooperative associations, with an effective date...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs SB 630 Into Law, Containing Significant Amendments to Florida’s Condominium Act, Cooperative...

On June 16, 2021, Governor Ron DeSantis signed Senate Bill (SB) 630 into law, which enacts numerous amendments to the Condominium Act (Chapter 718, Florida Statutes), the Cooperative Act (Chapter 719, Florida Statutes), and...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

Sands Anderson PC

2020 Legislative Update: New and Amended Laws Impacting Commercial Real Estate and Community Association Clients

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Every July 1st in Virginia, we can expect a few things without fail.  The summer heat and humidity will have settled down with a ponderous thud, here to remain, unwavering, for the rest of the summer.  The cicadas return –...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 26

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Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more

Best Best & Krieger LLP

Takings Claim Fails on “Ripeness” Grounds

Ninth Circuit Decision in Apartment-Condominium Conversion Program Dispute - Property owners who claimed the City and County of San Francisco’s apartment-to-condominium building conversion program’s lifetime lease...more

Cozen O'Connor

The New York State SHIELD Act Becomes Effective March 21: Is Your Board in Compliance?

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In the midst of the coronavirus pandemic when more condo and coop board business is being conducted electronically than ever before, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) will go into effect on...more

Baker Donelson

Proposed Legislation Clarifies That The Percentage Needed For Approval Of Bylaw Amendments Is Based On Owners “In Good Standing”

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A bill pending in the Maryland General Assembly would make clear that all percentages for approval of amendments to bylaws be determined based on the number of owners “in good standing.” Owners “in good standing” are those...more

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