Latest Legal Updates
Latest Legal Updates
The most recent HOA-related legislation, court rulings, and regulatory changes we're tracking across the country — newest first.
A Rhode Island condo budget passes even if nobody shows up
Section 34-36.1-3.03(c) ratifies a proposed budget unless a majority of ALL unit owners vote to reject it, “whether or not a quorum is present” — and a successful rejection continues last year's budget rather than forcing a new one.
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Two Rhode Island deadlines land on September 30
The National Flood Insurance Program's authorization expires September 30, 2026, and Rhode Island's House short-term rental commission must report by the same date — with no public evidence it has met this year.
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Rhode Island's $25 resale certificate update fee died in committee
H 7411 and S 2702 would have capped at $25 the fee for updating a resale certificate already issued. Both were held for further study and died, leaving the $125 cap, the ten-day deadline and the $100-to-$500 civil penalty unchanged.
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Rhode Island's own statute website is serving superseded condominium law
Fifteen months after three condominium acts took effect, the General Assembly's codified General Laws pages for §§ 34-36.1-2.19, 3.08 and 3.13 still show the pre-2025 text — while other statutes enacted the same day are posted.
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Solar, signs, flags, clotheslines: the rights Rhode Island never gave association members
Rhode Island has no solar-access statute against an association, no political-sign protection, no right to charge an EV, no clothesline law, and no state flag-display statute — the flag protection people cite is federal.
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The bill to finish Rhode Island's condo deductible rules died in the House
S 2896 Substitute A would have made the unit owner's policy primary for the master-policy deductible gap, allocated losses unit by unit, and let boards direct insurance proceeds to repairs. It passed the Senate 37-0 and was never scheduled in House Corporations.
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Rhode Island's high court: petitioning owners were entitled to the meeting they asked for
In Song v. Lemoine, decided May 19, 2025, the Rhode Island Supreme Court held unanimously that a condominium board cannot test the substantive validity of owner-petitioned agenda items as a precondition to calling the special meeting.
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Small Rhode Island condominiums just got a project-review exemption
Freddie Mac Bulletin 2026-C expands Exempt from Review to projects of 2 to 10 units, retires the Streamlined Review type from August 3, 2026, and drops the 50% owner-occupancy test for investment loans in established projects.
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In Rhode Island, six months of condo fees can erase a first mortgage
Twenty Eleven, LLC v. Botelho holds that foreclosing the six-month super-priority lien extinguishes a prior-recorded first mortgage if the lender does not redeem — a power Rhode Island associations exercise without a judge.
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From January, Rhode Island shoreline rentals must disclose the public's right to the shore
Chapter 165 of the 2026 Public Laws adds two shoreline access disclosures — one for tenancies, one for short-term rentals — both naming the ten-foot line, and both taking effect January 1, 2027.
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Rhode Island's reserve-study mandate passed the Senate 37-0 and then died
S 2692 Substitute A would have required a conditions survey of every condominium twenty years or older, a reserve study every five years, and reserves funded at 15% of the monthly assessment by January 1, 2027. It cleared the Senate unanimously and was never scheduled in the House.
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Rhode Island's recovery-house law beats the town, not the deed
New § 45-24-33.1, enacted June 19, 2026, requires zoning and fire and building codes to treat a NARR-certified recovery residence as a residential use — and says nothing about a private covenant, where federal fair housing law already does the work.
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Open condo board meetings died in Rhode Island — and the ombudsman was never written
S 2899 Substitute A would have opened executive board meetings to owners, listed the records an association must produce, and required a financial review every five years for associations over twenty units. It passed the Senate 37-0 and died.
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Rhode Island's oldest condominiums get the lien but not the vote
The Condominium Act reaches back to pre-1982 condominiums for the assessment lien, fines, records and resale certificates — but not for quorum, proxies, board elections or the budget ratification vote.
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No Rhode Island regulator has jurisdiction over your condo board
The Attorney General has never held a private Rhode Island association to be a “public body” under the open-records or open-meetings laws, and no state agency licenses or oversees association managers — while a chartered fire district next door is fully covered.
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Rhode Island has no right to charge an EV — but it will pay 90% of your association's charger
A 2026 bill to stop condominium and homeowners associations banning EV charger installation died in committee. Meanwhile a state incentive names authorised HOA representatives and covers 90% of cost up to $100,000 a site.
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Rhode Island told insurers they cannot drop a homeowner over a blurry roof photo
Insurance Bulletin 2025-3, issued August 18, 2025, sets a fifteen-month currency standard for aerial imagery, bars non-renewal on cosmetic roof streaking alone, and extends to third-party roof scores — but it speaks to homeowners insurers, not master policies.
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From January, a Rhode Island judgment lien needs a certified letter within ten days
New § 9-21-14, effective January 1, 2027, requires a judgment creditor who records a lien on real property to send the owner a certified letter with four specified items inside ten business days.
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Rhode Island repeals the ban on using home value to split private-road costs
Chapter 341 of the 2026 Public Laws strikes the 2018 clause that barred market value or assessed valuation from the calculation of benefit received under § 34-9.1-2, effective June 24, 2026.
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Rhode Island voids grocery-store restrictive covenants
A new § 34-4-31, effective June 18, 2026, makes a covenant restricting land from being used to sell fresh food void and unenforceable, with a narrow relocation exception and no retroactive effect.
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Rhode Island moved three- and four-unit buildings into the residential code
Chapter 377 of the 2026 Public Laws puts one- to four-family dwellings under the International Residential Code and reserves the commercial International Building Code for buildings of more than four residential units.
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Rhode Island's first homeowners association act died in committee
H 8273 and S 3094 would have created a chapter 34-36.2 governing every Rhode Island HOA of ten or more parcels — fiduciary duties, open board meetings, recall, records, pre-suit mediation. Both were held for further study and died.
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Rhode Island's new hurricane-hardening grants exclude condominiums by name
Chapter 294 of the 2026 Public Laws creates the “Strengthen Rhody Homes” retrofit grant programme and makes the grant available only to an owner-occupied single-family primary residence that “cannot be a condominium or mobile home.”
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Rhode Island creates a 16-member commission to rewrite condominium law
A joint resolution signed June 19, 2026 seats sixteen members — including two condominium owners and one condominium attorney — to study Rhode Island's condominium law and report by December 31, 2027.
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In Rhode Island an association's ADU ban is void — and its ADU short-term rental ban is state law
Section 45-24-73(b)(6) is the one Rhode Island statute that expressly voids condominium and homeowners association covenants. Newport's ordinance mirrors it — and separately bars ADUs from being rented through a hosting platform.
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A silent lender now counts as a yes in Rhode Island condominium votes
Section 34-36.1-2.19(b), added June 24, 2025, deems a unit mortgagee to have approved an action if it does not send a written denial within sixty-five days of a properly mailed request — and it reaches pre-1982 condominiums.
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Rhode Island makes developers budget reserves down to the mulch, then never again
Section 34-36.1-4.03(a)(5) requires a condominium developer's offering statement to itemise reserves for roof shingles, roadways, exterior wood, decks and mulch with life-spans and per-unit costs — and no Rhode Island statute requires an association to maintain any of it afterwards.
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A Narragansett rental permit is no defence to your covenant — the town says so in writing
Narragansett's short-term rental ordinance makes every applicant certify that the permit does not allow them to violate private covenants — and the ordinance itself has been unenforceable since a 2024 injunction.
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A $50,000 per-unit deductible ceiling arrives for Rhode Island condo master policies
Freddie Mac Bulletin 2026-C retires the 5%-per-unit deductible test and caps a per-unit master-policy deductible at $50,000, requires an HO-6 wherever one exists, and makes named-storm coverage mandatory — for applications from July 1, 2026.
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A Rhode Island declaration that caps fines is void
Section 34-36.1-3.20(d) invalidates any condominium declaration, bylaw or rule purporting to set a maximum fine — so a document promising a $25 ceiling cannot be relied on, and the statutory $100-a-day limit governs instead.
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A Rhode Island condominium gets double the erosion setback — and the same four-boat dock
The Coastal Resources Management Council's Red Book doubles the erosion setback multiplier for dwellings of more than four units, counts an association's adjoining lots as one for buffer purposes, and caps a condominium's residential dock at four boats.
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Your township can count your basin without asking
Pennsylvania DEP guidance confirms a municipality may count a privately-owned stormwater facility toward its own permit obligation with no agreement in place — and that the facility must then be inspected and maintained to its operation plan.
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You cannot sue over common areas alone
In Macias v. Southfield Crossing the Commonwealth Court held that owners challenging a deed transferring common areas between two phase associations had to join every affected owner as an indispensable party — because use of common ground is a constitutionally protected property interest.
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Two years, and not one word of Title 68
The 2025-2026 session produced 111 general acts and amended none of Pennsylvania's condominium, cooperative or planned-community statutes — the last substantive change is still Act 115 of 2022.
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Twenty-one days notice is the one CAI opposes
HB 1174 would more than double the minimum notice for a Pennsylvania association’s annual meeting, from ten days to 21. It is the only bill the industry’s Pennsylvania chapter lists as opposed, and it has not moved since April 2025.
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Township ordinances now bind on day one
Act 3 of 2025 deleted the five-day grace period before a second-class-township ordinance takes effect — and most Pennsylvania planned communities sit in second-class townships.
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Thirteen association bills died in one session
Every HOA, condominium and manufactured-housing bill of Pennsylvania’s 2023-2024 session died at sine die. Most have been reintroduced with new numbers, two of the most substantial have not, and the same deadline arrives again on 30 November.
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The stormwater permit that expired in 2023
Pennsylvania’s municipal stormwater general permit expired in March 2023 and is still running on administrative extension. DEP now says it will not publish the replacement during 2026, and no new coverage can be authorised in the meantime.
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The PUC blessed submetering for EV chargers
Pennsylvania’s Public Utility Commission adopted a final policy statement on electric-vehicle rate design that tells utilities to explore telematic submetering instead of additional revenue-grade meters — the cost that stops chargers going into shared garages.
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The only solar law passed exempts your roof
Pennsylvania enacted one solar statute in the 2025-2026 session — a decommissioning-bond law for utility-scale lease sites that expressly excludes systems of two megawatts or less, which is every residential rooftop array an association ever argues about.
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The new towing law stops at your parking lot
Pennsylvania criminalised predatory towing in Act 46 of 2026, but defined “tow” to mean removal at the scene of a motor vehicle accident — which leaves association parking-lot tows entirely outside the statute.
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The investor bill writes you out of it
HB 2704 would regulate institutional investors buying single-family homes in Pennsylvania — and expressly exempts planned communities, condominiums and cooperatives whose residents own their units or share ownership of the real estate.
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The FinCEN question is permanently closed
A final rule effective 14 August 2026 permanently exempts all US-formed entities from beneficial-ownership reporting, ending a two-year question for Pennsylvania association boards — by rule rather than by injunction or enforcement forbearance.
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The CROWN Act reaches the housing title too
Act 54 of 2025 wrote hair texture, protective hairstyles and religious head coverings into the definitions section of the Pennsylvania Human Relations Act — the same act that governs housing discrimination by associations and their agents.
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The clothesline bill has waited sixteen months
HB 67 would bar Pennsylvania associations from unreasonably prohibiting outdoor clothes-drying. It passed the House 128-75 in May 2025 and has sat in a Senate committee ever since, with the session ending 30 November.
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The Attorney General registers only half of you
Pennsylvania requires planned communities to register with the Office of Attorney General and deposit financial security there. There is no parallel registration for condominiums — the Commonwealth’s only registration touchpoint reaches one statute and one moment.
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The assistance animal act already names you
Pennsylvania’s Assistance and Service Animal Integrity Act of 2018 defines “association” to include condominium, cooperative and planned-community associations — and a pending bill would amend the documentation, immunity and misrepresentation provisions that bind them.
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The annual report that dissolves you in 2027
Incorporated Pennsylvania associations have owed a free annual report to the Department of State since January 2025, and from the 2027 cycle a non-filer faces administrative dissolution six months after the due date.
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The ADU bill leaves your covenant standing
Pennsylvania’s House passed statewide accessory dwelling units by right 139-62 — and wrote in an express carve-out preserving deed restrictions and planned-community documents. Municipalities would lose the power to ban ADUs; associations would keep it.
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Streamlined review is gone for condo loans
Since 3 August 2026 established condominium projects can no longer be approved through the abbreviated review route — a change affecting most transactions that previously used it, and one that puts the association’s full documentation in front of a lender at every sale.
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Residents would get 90 days to buy their park
SB 746 would require a manufactured-home community owner to notify residents before selling and give them 90 days to make a competing offer. It is the furthest-advanced association-adjacent bill in Pennsylvania, sitting in Senate Appropriations.
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Philadelphia makes STR hosts tell the neighbours
A Philadelphia ordinance requires a short-term rental operator to give written notice to residents of every unit in the building and to every other unit owner in the condominium, planned unit development or cooperative.
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Owners who list on Airbnb owe training by 2027
Act 31 of 2026 requires every short-term rental operator — including an individual condo owner listing one unit — to complete human-trafficking awareness training, with listing platforms obliged to verify it from 20 July 2027.
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Nobody in Pennsylvania licenses your HOA manager
Pennsylvania has no licence class for community association managers, and the State Real Estate Commission's own exclusion list does not contain one either — even though the statute defines a broker as anyone who manages real estate.
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No statewide inspection mandate anywhere
Pennsylvania has enacted no condominium structural-inspection or reserve-study requirement, and no bill proposing one exists in either of the last two sessions. The only inspection mandate reaching multi-storey residential buildings is a Philadelphia façade ordinance from 2010.
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Never having said yes before is a defence
In Pauletta v. Riverview Manor the Superior Court affirmed summary judgment for a Harrisburg association that refused an owner permission to drill through an exterior wall, framing the abuse-of-design-control test as consistent past practice plus reasonable inquiry.
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Name someone to catch the tax-sale notice
Act 27 of 2026 creates a form letting an owner designate a relative or agent to also receive delinquent property-tax notices before a county can sell the home, and confirms that tax duty on unseated land is a charge against the land only.
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Multifamily gets a seat on the accessibility board
Act 16 of 2026 rebuilt how Pennsylvania adopts the accessibility provisions of its construction code, added a multifamily-housing representative to the Accessibility Advisory Board and doubled member terms to four years.
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Master policy lines stayed in the filing net
Pennsylvania deregulated most property and casualty lines from rate and form filing in April 2026 — but commercial property, businessowners and commercial general liability, which is what an association master policy is written on, all stayed inside the regime.
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HUD would drop the rule behind neutral covenants
A supplemental HUD rulemaking published 10 August 2026 continues the effort to remove disparate-impact liability provisions, with comments due 9 October. For Pennsylvania associations, the state’s own fair-housing law is unaffected.
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DCED regulates the home, not the park
Pennsylvania’s housing agency sets standards for manufactured homes and directs every complaint about a manufactured-home community to a consumer hotline — and two pending measures would create the regulator that does not exist.
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An association appealed too early and lost a year
Academy House Condominium Association appealed its assessment-foreclosure decision before the trial court had ruled on its own post-trial motion. The Commonwealth Court quashed the appeal as premature, vacated the judgment and sent the case back.
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Act 29 puts your rented unit on a county list
From 18 September 2026 every Pennsylvania property that is not owner-occupied — including rented condo units and association-owned parcels — must register a reachable contact with the county within 30 days of purchase, on pain of a $500 fine.
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A tax credit for the sprinkler fight
SB 1299 would create a Pennsylvania tax credit for retrofitting sprinklers in Philadelphia residential high-rises — the money side of a retrofit mandate that condominium associations fought when it was proposed without one.
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A stormwater charge is a tax, says the court
In Borough of West Chester v. PASSHE the Pennsylvania Supreme Court held an impervious-surface stormwater charge is a tax rather than a fee — setting out the two-step test that governs every municipal charge landing on association common areas.
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A resale bill would fine the association $15,000
HB 2746 would require full disclosure of infrastructure ownership and maintenance responsibility in every Pennsylvania association resale — with escalating penalties running against the association itself, not the seller.
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A lot rent cap passed the House and stopped
HB 1250 would band manufactured-home lot rent increases to the regional consumer price index and protect resident associations. It passed the House 144-59 in June 2025 and has sat in a Senate committee for fifteen months.
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A late filing cost these owners every argument
Homeowners who lost a collection trial to their association waived every issue on appeal by filing a late statement of errors, and the Commonwealth Court held counsel’s mis-calendaring was neither an extraordinary circumstance nor good cause.
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A fifty thousand dollar deductible ceiling
Since 1 July 2026 a condominium master policy with a per-unit deductible above $50,000 makes the units unfinanceable — and where a per-unit deductible exists, every mortgaged owner’s individual policy must now cover the same perils.
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A fifteen percent reserve floor lands in January
From 4 January 2027 a condominium project must budget at least 15% of annual assessment income to replacement reserves to remain conventionally financeable — up from 10%, and in a state whose own statutes require no reserve funding at all.
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A complaint line is your only regulator
Pennsylvania’s answer to “who regulates my HOA” is a consumer-protection complaint route created by Act 17 of 2018, triggered by records and meeting failures and available only to an owner in good standing who has exhausted internal dispute resolution.
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A bill would stop counting non-voters as no
HB 2655 would change the threshold for amending a Pennsylvania declaration from 67% of votes allocated to 67% of votes collected — removing the apathy problem that makes many declarations effectively unamendable.
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A bill would put HOAs under Right-to-Know
SB 873 would add planned-community associations to the definition of “local agency” in Pennsylvania’s Right-to-Know Law, subjecting them to open-records officers, statutory deadlines and appeals to the Office of Open Records. It has not moved since June 2025.
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A bill would make townships pay you back
SB 963 would require every Pennsylvania municipality to provide planned communities the same services it gives other homes — or reimburse the association for providing them — with compulsory arbitration where no agreement is reached.
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A bill would ban requiring turf grass
HB 1878 would stop Pennsylvania covenants from prohibiting native conservation landscaping, and would deem unreasonable any restriction requiring turf grass or confining native planting to the back of a property.
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An Oregon order froze master-policy cancellations — until this month
The Division of Financial Regulation's wildfire emergency order suspended cancellations and nonrenewals across all property and casualty lines in affected ZIP codes, and it runs out around September 29, 2026.
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Pleading in contract no longer kills a builder's defect coverage
In Twigg v. Admiral Insurance, the Oregon Supreme Court held that whether damage was caused by an 'accident' under a CGL policy turns on whether there is a basis in fact for tort liability — not on how the underlying claim was pleaded.
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Oregon's Supreme Court heard no association case in 20 months
Across 149 opinions from January 2025 to September 2026, no Oregon Supreme Court decision construes the Planned Community Act, the Condominium Act, a declaration or a set of CC&Rs.
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The federal solar credit is gone, the 60-day HOA clock is not
Public Law 119-21 ended the residential clean energy credit for expenditures after December 31, 2025 and the EV charging credit for property placed in service after June 30, 2026 — but ORS 94.778 and ORS 94.762 are unchanged.
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Oregon now polices solar and fire hardening by different rules
ORS 94.778 still lets an Oregon board impose reasonable aesthetic conditions on solar panels; SB 1551 gives fire-hardened materials a tighter test and a 90-day clock the solar statute never had.
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Oregon repealed its wildfire map and voided every hazard rating
Senate Bill 83 took effect on signing in July 2025, repealing seven statutes, nulling every wildfire hazard zone assignment, and making the R327 building standards a local option for new construction only.
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A bill to legalise hens and beehives in Oregon HOAs died quietly
Senate Bill 59 would have voided planned-community governing-document bans on gardening, hen-keeping and beekeeping. It got one hearing in February 2025 and was never voted on.
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Oregon voided every CC&R that blocks fire hardening
Senate Bill 1551 took effect June 5, 2026, and it reaches declarations recorded before, on or after that date — no grandfathering, and not one no vote in either chamber.
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Oregon condo boards got the fire-hardening rule without the clock
SB 1551 put its deemed-approval machinery in the Planned Community Act only, leaving condominium owners covered by the covenant override but with no 90-day deadline behind it.
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Oregon's wildfire insurance transparency bill died in Rules
Senate Bill 1540 would have forced insurers to disclose wildfire risk-modeling methods to regulators and let the commissioner reject filings built on them. It cleared its policy committee unanimously and never reached the floor.
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An Oregon HOA acted honestly and still lost the garage case
In Santoro v. Eagle Crest, the Court of Appeals held that an architectural committee's good-faith duty is measured objectively — and that design review cannot be used to make impossible a use the CC&Rs themselves contemplate.
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Four Oregon jurisdictions have opted into the wildfire code
Ashland, Deschutes County, Grants Pass and Sisters have adopted Section R327 locally, with Bend following on May 15, 2026 — and in Central Oregon the new standards reach communities that had only a wood-shake roof ban.
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Portland's rental fines reach $27,513 with no warning first
The city ombudsman found Portland issues no warnings before assessing short-term rental fines, that the maximum for five violations is at least 27 times higher than comparable cities, and that only 46% of complaints result in citations.
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A long-term tenant can satisfy Hood River's rental residency rule
The Ninth Circuit affirmed Hood River's primary-residence condition on short-term rentals in July 2026, and the distinction that saved it is that the resident need not be the owner.
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Oregon has no HOA regulator, and nobody asked for one
Across 3,770 bills in two sessions and 1,726 interim committee agenda items, no Oregon measure proposed licensing community association managers or creating an HOA ombudsman.
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Limited Review is gone, and Oregon condos now face the full file
For applications received on or after August 3, 2026, Fannie Mae retired Limited Review and Freddie Mac retired Streamlined Review — so every conventional loan on an Oregon condo unit now triggers a full project review.
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Institutional buyers lose the off-market route into Oregon HOAs
From January 1, 2027, House Bill 4128 bars covered entities from buying an Oregon single-family home unless it has been publicly listed for at least 90 consecutive days — with middle housing carved out.
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HUD withdrew the assistance-animal guidance Oregon boards relied on
FHEO Notice 2020-01 and the 2013 service-animal notice were withdrawn effective September 17, 2025 — but the Fair Housing Act, Oregon's own fair housing law, and the two-year private right of action are all unchanged.
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Oregon HOAs have nothing to file with FinCEN, and never will
A final rule published August 14, 2026 confirms the deletion of the entire domestic reporting company category — so an Oregon nonprofit HOA is outside beneficial-ownership reporting altogether.
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Oregon's plug-in solar bill would have left HOAs two defenses
House Bill 4080 would have voided planned-community restrictions on portable solar devices retroactively, with carve-outs only for building codes and manufacturer safety guidelines. It died in committee without a vote.
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Oregon's second try at county HOA dues died without a hearing
House Bill 4064 refiled the 2025 tax-foreclosure bill verbatim, added a $4.3 million appropriation to one named Oregon HOA, and got no hearing, no testimony and no vote.
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Oregon quietly repealed a defect settlement privilege
Old ORS 701.580(6) made unaccepted right-to-repair offers and replies inadmissible in later proceedings. House Bill 3746 deleted the subsection outright, and almost nobody noticed.
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Oregon cut association defect claims from 10 years to 7
House Bill 3746 shortened the construction-defect period for Oregon HOAs and condominium associations, and keyed the change to the date the declaration was first recorded — not the date of construction.
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Oregon boards must warn owners before suing over defects
Three notices, a 90-day wait, a recorded board vote and a statutory warning about resale — ORS 94.662 and ORS 100.490 now set out exactly what an Oregon association must do before filing a construction-defect claim.
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New Oregon condos must be inspected for moisture twice
ORS 100.417(8) now requires an independent moisture-intrusion inspection before the end of year two and again before the end of year six, paid for from the reserve account.
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A bill to defer HOA dues on county land passed 48-4, then died
House Bill 3545 would have suspended collection of association assessments on tax-foreclosed property held by an Oregon county. It cleared the House, got one Senate hearing, and was never voted on again.
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Oregon's manufactured-home covenant rule only binds new documents
ORS 94.776(3) voids a planned-community ban on manufactured dwellings and prefabricated structures — but only where the provision was adopted or amended on or after January 1, 2026.
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Oregon's oldest CC&Rs lose their density shield in 2027
House Bill 2138 deletes the January 1, 2020 cutoff from ORS 94.776, so a declaration recorded in 1978 stops being outside the statute — but the text amendment does not become operative until January 1, 2027.
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The flood insurance program expires in 15 days
NFIP authorization runs to September 30, 2026. It has already lapsed twice in the past year — once for 43 days — and an Oregon association with an October renewal is in the exposed population.
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Oregon boards can now push $50,000 a unit onto owners
Conventional lenders raised the permitted master-policy per-unit deductible to $50,000 from July 1, 2026, and ORS 100.435 already lets an Oregon condominium board create exactly that exposure by resolution.
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Oregon declarant rights transfer one way only, court holds
Eastside Bend v. Calaveras II is the Court of Appeals' first interpretation of several Planned Community Act provisions: ORS 94.623 is the exclusive route for transferring special declarant rights, and Oregon has no such thing as a joint declarant.
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Drought orders have voided HOA watering rules in 21 counties
ORS 94.779 and ORS 100.023 void an Oregon association's irrigation requirements automatically while a drought declaration is in effect — no board vote, no amendment, no agency action needed.
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Oregon's defensible space code bans the mulch HOAs require
The State Fire Marshal's model code, adopted April 29, 2026, requires a five-foot noncombustible zone around buildings that expressly excludes bark mulch — and thousands of Oregon association landscape standards specify exactly that.
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Oregon condo reserves must hit 15% for January loan applications
Fannie Mae and Freddie Mac raise the minimum reserve allocation from 10% to 15% of annual budgeted assessment income for applications received on or after January 4, 2027.
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Cannon Beach would cap vacation rentals at 165, vote October 6
The city council has a proposed ordinance capping short-term rental licences below the current permit count, adding density limits and exclusion zones east of Highway 101. It returns to council on October 6, 2026.
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A county can license short-term rentals without land use rules
Briggs v. Lincoln County upheld the county's short-term rental licensing program in full on August 12, 2026, and reversed the three provisions a trial court had struck as unconstitutionally vague.
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App-only gates now make an Oregon HOA rental legally unfit
Since January 1, 2026, ORS 90.320 requires a landlord using phone-app access control to offer at least one physical alternative — which puts owner-landlords in app-only communities in breach of the habitability statute.
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An Oregon owner moved a recorded easement by saying nothing
In Roxy Ann Heights v. Wilson, the Court of Appeals held that a servient owner who watches substantial association work proceed without objecting has implicitly agreed to relocate the easement.
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A $25 Oregon condo filing can freeze the association's lawsuit
Under ORS 100.265, an opposing party who gives written notice can stop a delinquent Oregon condominium association from prosecuting or defending a case until its annual report is current.
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Oregon forces counties to approve rebuilds, but not your HOA
Senate Bill 1561 strips local government discretion over restoring a dwelling destroyed by fire or other involuntary cause from January 1, 2027 — and says nothing at all about CC&Rs or architectural review.
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An Oregon HOA billed one owner $1 million and got a receiver
In the Meritage litigation, a federal court found the man acting for an 18-unit Oregon coastal association had no authority to do so, appointed a receiver, and approved a settlement in November 2025.
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One Oregon HOA owns a dam, a lake and a $4 million loan
Fishhawk Lake Reserve & Community runs its own water, sewer and road systems for 257 lots, and told the Legislature that a delay in collecting assessments could put it in default on its spillway loan.
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A one-line fix restored Oregon's portable cooling device rule
ORS 94.779(6) voids a planned-community ban on portable cooling devices, but pointed at the wrong statute for the definition until House Bill 2464 corrected the citation.
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A mislabelled lis pendens cost $265,000, at $5,000 a lot
Calaveras II v. Eastside Bend holds that statutory damages for an invalid claim of encumbrance run per individually titled lot, not per filing — the sharpest new financial risk in Oregon association practice.
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Your transfer fee is safe only if the money stays home
A March 2026 FHFA amendment restored the grandfather exception for private transfer fee covenants retroactively to 2012 — but an association fee escapes the restriction only where the declaration limits the proceeds to the encumbered property.
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Your roofer's assignment of benefits is void in Oklahoma, and has been since November
36 O.S. § 1230(B), effective November 1, 2025, makes any post-loss assignment of property insurance benefits null and void — and the ban expressly reaches commercial property policies, which is what an association master policy is.
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Your roofer gets a new rulebook in January, and the association is the client now
HB 3800 rewrites the Oklahoma Roofing Contractor Registration Act effective January 1, 2027 — and because assignments of benefits are void, the association is the contracting and claiming party.
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Oklahoma switched building codes yesterday, mid-way through your capital project
Seven 2024 International Codes took effect in Oklahoma on September 14, 2026, replacing the 2018 editions — so common-element work permitted from that date is scoped and priced against a different rulebook.
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Your Oklahoma association files nothing with the state. Ever.
A domestic Oklahoma nonprofit pays $25 once to incorporate and then owes the Secretary of State no annual report, no annual certificate and no franchise tax — so nothing on file will ever show who runs the association.
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Your association can now bill the city back for a year of property taxes
The Oklahoma Safe Neighborhoods Act of 2026, effective November 1, lets a property owner in a city over 130,000 claim compensation where the city declines to enforce laws on camping, loitering or public nuisance — and an association holding fee title to common areas qualifies.
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Two sessions, 968 new laws, and not one changed how an Oklahoma HOA governs itself
A citation-by-citation sweep of the 60th Legislature's enacted measures finds no amendment to the Real Estate Development Act, and not a single bill even filed touching the condominium statute.
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Two Oklahoma cities where an association can actually stop a short-term rental
Yukon requires a council-approved special use permit with a 600-foot abstractor notice list and a public hearing; Stillwater turns a single written objection within 30 days into a planning commission hearing.
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Two things changed on assistance animals. Neither lets you enforce a no-pets rule
Oklahoma made service-animal misrepresentation a misdemeanour and HUD stopped charging cases over untrained emotional support animals — but the Fair Housing Act is unchanged and the private lawsuit is untouched.
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Tulsa allows backyard units by right. Your covenant still does not
Tulsa amended its accessory dwelling unit rules in September 2025 and permits ADUs by right in many districts; Owasso permits them in every residential district and says plainly that it does not enforce private covenants.
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Three solar bills, one veto, and Oklahoma still has no solar-access law
SB 1917 died without a hearing, HB 4060 passed the House and died in Senate committee, and SB 915 was vetoed — leaving Oklahoma with no statute limiting what an association may do about solar panels.
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Reported: $3.1 million gone from a dozen OKC-metro HOA accounts, and none of it recovered
A police report says text-message approvals to one management company's owner led to wire transfers draining ten homeowners association accounts, with the FBI investigating and no funds recovered.
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Three bills to rein in Oklahoma insurance rates never left committee
Senate Democratic Leader Julia Kirt filed measures to cap insurer profits, require advance justification of rate increases and ban credit-based rating; two failed to advance on February 20, 2026.
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The state permit that names HOAs by name — and hands you the detention pond forever
Oklahoma's stormwater permit for small municipal systems directs cities to make HOAs responsible for long-term maintenance of detention ponds and other stormwater controls, and expressly excludes the individual homeowner.
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Oklahoma's short-term-rental covenant question is now before the Supreme Court
Certiorari was granted on November 17, 2025 in SilverHawk HOA v. Tawose, putting the question of whether a residential-purposes covenant bars short-term rentals before the Oklahoma Supreme Court for the first time.
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Oklahoma's roof grant became permanent — and the statute opens a door the form closes
HB 3796 removed the Strengthen Oklahoma Homes sunset and the statute expressly authorizes grants to nonprofit entities, but the program's published eligibility runs through the homestead exemption, which an association does not have.
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Now the county clerk has to scrub the plat, not just the declaration
SB 2139, effective November 1, 2026, requires an Oklahoma county clerk to redact discriminatory language from the electronic plat on its own website once a municipality files a correction affidavit.
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The petition to abolish homestead property tax is stalled at the Supreme Court
State Question 843 would phase out ad valorem tax on owner-occupied homes by 2029, but it has not gathered a single signature — a challenge argued in June 2026 is still undecided.
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A rewrite of Oklahoma's HOA lien statute passed committee 10-0, then was never scheduled
HB 2264 would have barred any lien or foreclosure unless the owner was told in writing about the association when they joined, imposed a three-year wait before foreclosure, and made a winning homeowner's judgment an obligation of the association.
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Oklahoma's HOA reform bill passed the House 73-14, then sat for two years without a hearing
HB 2800 would have capped association fees at $175, capped a good-standing letter at $50, and required 72-hour access to the CC&Rs. It never got a Senate committee hearing and died at sine die.
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Oklahoma is formally asking whether its homeowners market is broken. The hearing slipped to October 26
A formal Insurance Department proceeding will decide whether Oklahoma's homeowners insurance market is noncompetitive — the statutory finding that unlocks rate authority. It was set for September 14 and has been continued.
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The State Farm hail suit is an HOA balance-sheet story, and nobody is writing it that way
Oklahoma's Attorney General sued State Farm in June 2026 over an alleged “Hail Focus Initiative” that suppressed roof approvals — and in a condo or townhome regime a suppressed roof claim becomes a special assessment.
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The 15% reserve rule everyone is quoting is not in force. Your budget meeting is where it lands
Fannie Mae's Selling Guide still requires 10% of the budget in replacement reserves today; the 15% minimum attaches to loan applications dated on or after January 4, 2027 — the budget boards adopt this autumn.
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The fence that cannot go in the drainage easement, and the pond that is now a covenant
Edmond and Midwest City both convert drainage obligations into recorded covenants running with the land — and Edmond's code names the fences, pools and driveways that may not obstruct a platted drainage easement.
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The Attorney General was barred from joining a homeowner's hail lawsuit
In State Farm v. Palumbo the Oklahoma Supreme Court issued a writ of prohibition against an order letting the Attorney General intervene in a private hailstorm coverage suit.
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Oklahoma's rural broadband relay beats your no-antennas covenant
The FCC's over-the-air reception device rule reaches transmitting fixed-wireless hub and relay antennas, and puts the burden of proof on the association trying to enforce the restriction.
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Suing your Oklahoma board now starts with a letter — and a wait
In Howard v. Barrington, the Oklahoma Supreme Court applied the business judgment rule and the pre-suit demand statute to an HOA board, and held three days was not long enough to wait before filing.
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Owners got 60 days' warning of non-renewal. The condo board appears to still have 20
Oklahoma doubled the non-renewal notice period for homeowners and personal residential policies effective July 25, 2026 — but a condominium or HOA master policy is commercial property insurance, and on the face of the rule it is not covered.
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Oklahoma sheriff's sales moved online, and the buyer's premium is banned
SB 747 took effect immediately on an emergency clause in 2025, letting sheriffs sell through an online auction marketplace — which is where an Oklahoma HOA assessment-lien foreclosure ends up.
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Oklahoma sellers must now disclose unpaid HOA dues, by amount, on a state form
The Residential Property Condition Disclosure Statement effective January 1, 2026 asks whether dues or assessments are unpaid and how much — surfacing an association lien risk before a purchase offer is accepted.
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Oklahoma insurers must file rates 30 days early — starting July 1, 2027
HB 3781 moves Oklahoma property and casualty rates from use-and-file to file-and-wait and requires the Insurance Department to publish homeowners and dwelling-fire increases on its website, but none of it takes effect until July 2027.
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Quieting title after a forged deed is now free, and the clerk calls the DA
SB 2072, effective November 1, 2026, bars any filing fee for an order quieting title after a fraudulent conveyance and requires the county clerk to refer a notice of fraudulent conveyance to the district attorney.
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One Oklahoma city mandates your HOA, vets its documents, and can seize its lien
Midwest City § 38-50 requires HOA formation for private streets and detention ponds, has the city attorney review the declaration, forbids developer-subsidised dues projections, vetoes covenant amendments and lets the city enforce the association's own lien.
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Oklahoma's older condo buildings just got a shield against retroactive elevator rules
HB 4321, effective November 1, 2026, bars the Department of Labor from applying new elevator rules to existing structures unless it produces written findings of an obvious safety hazard.
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Your Oklahoma HOA has nothing to file with FinCEN, and nothing to renew
A FinCEN final rule effective August 14, 2026 removed every domestically formed entity from beneficial-ownership reporting, so an invoice for annual BOI compliance is billing for an obligation that does not exist.
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Tulsa's charter says no property is exempt. That includes your common areas
Tulsa's amended charter provides that no property of any kind in the city is exempt from special assessments for local improvements, and the Council's resolution is conclusive on whether the improvement benefits the property.
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Oklahoma hail claimants no longer need a written proof of loss to recover fees
In Rowan v. State Farm the Oklahoma Supreme Court held that 36 O.S. § 3629(B) does not require a written proof of loss before an insured can recover attorney fees, reversing the denial of fees after a storm-damage verdict.
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A bill making HOA board members live in the neighborhood died one floor vote short
HB 2588 would have required Oklahoma board members to own and physically reside in the development for at least ten months a year, with automatic resignation on failure; it passed the House 70-19 and expired on the Senate General Order.
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Limited Review is gone, and your association's budget is no longer a private document
The lender review type that let a conventional condo loan skip the budget, the reserve math and the insurance review has been retired — every conventional condo loan now runs Full Review or a waiver.
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Four more Oklahoma bills reached your gate, your mailbox and your rentals. All died
Measures to force gated communities to admit process servers, ban cluster mailboxes in new neighborhoods, require every co-owner's consent before a short-term listing, and let hosts demand guest ID all failed in 2025 or 2026.
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Four Oklahoma cities have no short-term rental rule at all, and one killed its rental registry
Edmond, Bixby, Jenks and Bartlesville regulate short-term rentals not at all; Bartlesville registers every residential rental; and Midwest City repealed its general rental registration programme in 2014.
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Four Oklahoma cities, four different answers on whether your covenant matters
Oklahoma City lets the Board of Adjustment deny a short-term rental over a recorded covenant; Tulsa's code never mentions covenants; Owasso writes the shrug into its ADU section; Edmond applies whichever restriction is stricter.
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Fifteen days to bind your flood renewal before the program's authority dies
The National Flood Insurance Program's authorization expires at 11:59 p.m. on September 30, 2026; during a lapse FEMA cannot issue or renew a condominium association's RCBAP.
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A proposal to de-annex East Norman would have left the covenants and removed the city
A Norman councilmember floated de-annexing property east of 60th Avenue; three legislators objected and the council declined to advance it — but the idea shows what happens to a subdivision when municipal authority leaves and private covenants stay.
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Broken Arrow capped short-term rental owners at four, and told the platforms to delist
An ordinance adopted February 17, 2026 rewrote Broken Arrow's short-term rental rules end to end — a four-licence cap per person, beneficial-ownership disclosure, certified-mail neighbour notice and a three-day platform takedown duty.
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Both Oklahoma bills to curb investor ownership of houses died
HB 1064 would have barred hedge funds from owning single-family homes and SB 2082 would have capped institutional investors at 25; neither reached a floor vote before sine die.
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Anyone in Oklahoma can start managing your HOA tomorrow
Oklahoma issues no community association manager licence of any kind — the Real Estate Commission's licensing trigger reaches sales and rentals, and collecting assessments is neither.
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An unauthorized charge on your association bill may be a consumer-protection claim
The Court of Civil Appeals revived a claim that a property owners association violated the Oklahoma Consumer Protection Act by billing charges the owner had not authorized in advance.
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An Oklahoma association's fee award was cut by $10,670 for block billing
Grand Crest Owners Association won its covenant appeal and asked for $53,990 in appeal-related fees; the Court of Civil Appeals modified the award to $43,320, striking post-judgment collection time and block-billed entries.
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Oklahoma just created an assessment lien that outranks the first mortgage
The BUILD Act, effective November 1, 2026, lets a master development district levy assessments carrying a lien equal to ad valorem taxes and senior to every other encumbrance — including the lender's.
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Oklahoma votes November 3 on cutting the homestead valuation cap to 1.75%
State Question 847 would lower the annual cap on growth in taxable fair cash value from 3% to 1.75% for homesteads and from 5% to 4% for other property, effective tax year 2027.
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A $50,000 per-unit deductible cap just met Oklahoma's percentage hail deductibles
Fannie Mae's master-policy rules now impose a $50,000 per-unit deductible ceiling on top of the 5% test — and a percentage wind-and-hail deductible on an Oklahoma condominium can blow through it.
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A dues-increase fight in Oklahoma is a derivative action, not a lawsuit
Three members who sued over a $25 monthly dues increase used to subsidize a golf course lost because they never made a pre-suit demand on the board — their case was derivative in substance.
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A buried propane tank cost an Oklahoma owner the case, the removal and the fees
An owner installed a 500-gallon propane tank after the association denied permission; the Court of Civil Appeals affirmed summary judgment for the association, the removal order and the fee award.
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Oklahoma put a 180-day clock on every HOA board, and almost none of them know
HB 2171 took effect November 1, 2025: any member can demand removal of an unlawful restriction, the board has 90 days to decide and 90 more to record the amendment, and no member vote is required or permitted to stop it.
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A $145,000 covenant judgment was vacated because a lawyer's office broke down
In Bjorkman v. Noble the Oklahoma Supreme Court vacated a $75,000 actual, $50,000 punitive and $20,000 fee award in a common-area dispute, holding unavoidable casualty or misfortune prevented the owner from defending.
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Oklahoma approved 162 interim studies this year. None is about homeowners associations
Speaker Hilbert approved 92 House studies and Pro Tem Paxton 70 in the Senate; none addresses HOAs, condominiums, covenants, ADUs or short-term rentals, and all must conclude by October 30.
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Your Ohio transfer fee is lawful only if you spend it right
FHFA reinstated the grandfather exceptions to its private transfer fee rule effective March 17, 2026 — and an association's own fee stays permissible only where the money provides a direct benefit to the burdened property.
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Your Ohio transfer-approval clause probably does not reach a gift
The Tattershall One trilogy read a board-approval-of-purchaser bylaw strictly against the association — and still ended with $21,537.82 in fees against one unit owner across three appeals.
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Ohio condo reserves must reach 15% in January — set it in this budget
Fannie Mae and Freddie Mac raise the replacement-reserve minimum from 10% to 15% of annual budgeted assessment income for loan applications dated on or after January 4, 2027 — and Ohio law imposes no reserve mandate at all.
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Your Ohio association has nothing to file with FinCEN
FinCEN's final rule of August 14, 2026 removes all domestic entities from the reporting-company definition, and it addressed homeowners associations by name — with one date left on the calendar.
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Your Ohio insurer has 21 days to accept or deny the claim
Ohio's unfair claims practices rule sets hard clocks an association can hold a carrier to — 15 days to acknowledge, 15 to respond to a communication, 21 to decide, and status updates every 45 days.
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Your Ohio city must report to the state if your basin is not maintained
Ohio EPA's stormwater permit requires municipalities to map private detention basins, hold the operation-and-maintenance agreement, inspect each one per permit term, and report enforcement actions for failure to maintain.
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Your Ohio board can now appeal a building order in five days
Senate Bill 6 created an expedited appeal from a building official's order — commenced within one business day, heard within five, by video if needed, capped at $1,000 total.
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Ohio court: you cannot ban short-term rentals by amending the bylaws
In Rudy v. Apple Valley the Fifth District reversed a $57,386.72 judgment against three owners, holding that a rental ban must go in the recorded declaration — and that short-term renting is residential, not commercial, use.
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What Ohio's candidates for governor have said about your tax bill
Neither candidate has said anything on the record about HOAs or condominiums — but the Republican nominee's clearest statement points Ohio property-tax policy at the legislature convening in January 2027.
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Ohio unit owners just won a jury right on condo damages claims
Porter v. Hammond North holds that a claim for breach of a condominium's governing documents carries a constitutional jury-trial right — because a declaration is more than a contract.
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Thirteen Ohio counties reappraised in 2026 — and Cuyahoga is not one
Butler reports a 19% median residential increase and Summit about 18%, landing on January 2027 tax bills — while Cleveland-area owners are on the 2027 cycle, which makes 2026 a Columbus, Cincinnati, Dayton and Akron story.
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"They let my neighbour do it" just got much harder to argue in Ohio
Whitney Woods v. Steagall holds that one similar violation elsewhere does not waive a covenant — and that an association's fee-recovery clause does not cover defending a fair-housing complaint.
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Ohio's submetering bill passed both chambers and was vetoed
HB 173 would have regulated the resale of utility service and amended the landlord-obligations statute — it cleared the House and Senate in June 2026 and did not become law.
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Ohio's Planned Community Law was not touched this General Assembly
A sweep of all 806 bills in the 136th General Assembly finds not one amending any section of chapter 5312, and only one touching chapter 5311 — the flag section.
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Ohio's only HOA governing-document bill has sat still for 16 months
HB 16 would bar associations from banning political yard signs in the 30 days before an election and set a 12-by-18-inch floor — three hearings in spring 2025 and nothing since.
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The Ohio Supreme Court decided no association case this term
Across 2025 and 2026 the state's high court produced no merit decision on covenants, condominium law or association governance — leaving twelve appellate districts to disagree, and one condominium case now pending.
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The Ohio FAIR Plan just added condominium association language
FAIR Plan Bulletin #34 moved commercial business to new forms effective April 1, 2026, adding provisions specific to condominium associations and discontinuing coinsurance — while telling agents to move customers back to the standard market.
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The flood program expires September 30, and Ohio floods
NFIP authorization runs out at 11:59 p.m. on September 30, 2026 with no enacted extension — and the association-level flood policy still carries an 80% coinsurance penalty measured at replacement cost when the loss happens.
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On antennas, the burden is on your board — not the owner
The FCC's OTARD rule puts the burden of proving a restriction lawful on the association, requires enforcement to stop while a proceeding is pending, and since 2021 protects transmitting relay hubs.
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That contractor's certificate of insurance protects your Ohio board from nothing
Blue Water Condominium v. Motorists confirms that additional-insured status on a contractor's CGL policy does not cover the contractor's own faulty workmanship — which is the loss an association actually suffers.
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Small claims court stays open for Ohio HOA dues
Millbrook v. Wills reverses a municipal court that dismissed an association's collection suit for want of jurisdiction — chapter 5312 neither expands nor limits R.C. 1901.18(A), and collection costs and fees come with it.
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Silence in the bylaws about buried pipes protects nobody
In Goebel v. Colonial Lane a jury found for flooded homeowners on R.C. 5312.08 and 5312.13 even though the association's bylaws never said whether the underground stormwater system was a common element.
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Ohio's home insurance market is softening, not collapsing
Ohio homeowners combined ratios went from 115% in 2023 to 74% in 2025, surplus lines hold 0.1% of the market and Nationwide cut rates 18% in May — which makes most national coverage of Ohio insurance stress wrong.
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Ohio may put ADUs in the residential code — comments closed today
A proposed new Section 330 of the Residential Code of Ohio would permit an accessory dwelling unit inside an existing single-family house or townhouse without a change of occupancy.
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Ohio is not voting on property taxes this November
The campaign to abolish Ohio property taxes abandoned the 2026 ballot on June 5 and is now aimed at November 2027 — and no statewide property-tax or housing measure reaches voters this fall.
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Ohio has no facade or structural inspection rule, and none is proposed
A full-text search of 544 pages of Ohio's proposed building and residential code rules returns zero hits for facade, structural inspection or periodic inspection — eleven months after a Cincinnati condominium balcony collapsed under ten people.
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Ohio banned agreements that run with the land — and named associations as an exception
Senate Bill 101 voids "unfair service agreements" recorded against homes from June 16, 2026, with mandatory damages and fees — and carves out condominium declarations, planned-community declarations and association maintenance contracts by name.
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Nobody in Ohio licenses the person managing your association
Ohio has no community association manager licence, registration, exam or bond. The real estate licence triggers only on renting buildings "to the public as tenants" — which is not what an HOA or condo manager does.
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Nobody in Ohio is studying homeowners associations
No committee, task force, working group or study commission in either chamber is examining HOAs, condominiums or covenants — and Ohio appears in none of the national 2026 HOA legislation trend categories.
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No Ohio agency regulates how your association governs itself
Ohio regulates a common-interest community's boiler, elevator, stormwater basin and corporate charter, and none of its government — chapters 5311 and 5312 name no administering agency and send every remedy to court.
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Miss one Ohio filing and your association has two years left to exist
Senate Bill 98 put a hard two-year reinstatement window on a cancelled Ohio nonprofit charter effective October 24, 2024 — and the classic way an association loses its charter is a statutory agent nobody has updated in a decade.
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In Summit County the county maintains your basin — and bills every lot forever
Assessed subdivisions in Summit County carry a permanent drainage maintenance assessment on the tax duplicate, statutorily presumed at 20% of the original construction cost — and many boards budget reserves for work their members already pay for.
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HUD withdrew the assistance-animal guidance, not the duty
FHEO 2020-01 and FHEO 2013-01 were withdrawn effective September 17, 2025 — but the Fair Housing Act's accommodation duty, HUD's enforcement, and the homeowner's two-year private right of action are all untouched.
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HB 652 would give an Ohio condo board 60 days' notice, not 30
House Bill 652 would extend insurance non-renewal notice from 30 to 60 days for commercial lines and homeowners policies — and a condominium master policy is a commercial-lines policy, which almost nobody is covering as an association story.
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Five property tax bills signed in December reach every association household
Governor DeWine signed HB 124, 129, 186, 309 and 335 on December 19, 2025, claimed at more than $3 billion in relief — with the inflation cap starting June 2026 and the owner-occupancy credit expansion in January 2027.
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FHA still enforces what Fannie and Freddie just retired
An Ohio condominium can now be conventionally financeable and FHA-ineligible at the same time — FHA keeps a 35% owner-occupancy floor, a 15% arrears ceiling and a 10% individual-owner limit.
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Every Ohio homestead home splits $350 million — if it's on the list by November 1
HB 479 takes effect September 23 and divides $350,000,000 equally among Ohio homestead-exemption properties — a flat per-home credit, gated by the county auditor's November 1, 2026 certification.
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Every big number in Ohio HOA litigation this year is a fee number
Across the 2025-2026 Ohio appellate record the damages are modest and the attorney fees are not — R.C. 5311.19(A), 5312.11(A)(3) and 5312.13 are doing more work than the covenants themselves.
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Columbus short-term rental rules have not changed since 2019
Chapter 598 carries no 2025 or 2026 amendment: a Columbus permit is issued without any check against deed restrictions, the insurance floor is $300,000, and the saving clause defers to other law, not to your declaration.
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Columbus rental registry opens October 1 and reaches leased condo units
New Columbus Chapter 4515 requires every leased residential unit to register between October 1 and December 31, 2026, with no exemption for condominiums — and it sweeps association-controlled common areas into the registered property.
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Columbus legalised ADUs by right — and never mentioned covenants
Ordinance 2526-2025 allows an accessory dwelling unit by right on residential lots across Columbus with no added parking requirement, and the 41-page enrolled exhibit does not contain the words deed restriction, covenant or homeowner.
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Cleveland makes short-term rentals a permitted use in one-family districts
Ordinance 561-2026 licenses Cleveland short-term rentals, adds them to the One-Family District permitted-use list, and repeals the limited-lodging section boards had been leaning on — without mentioning deed restrictions once.
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Buying at an Ohio sheriff's sale does not erase the deed restrictions
Hitchcock v. Delta Trust kills two common owner defences — foreclosure wiped the covenants, and your bylaws were never recorded — while making the association prove the declaration sits in the buyer's chain of title.
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An Ohio court can order an owner to let the contractors in
Three appeals in the Ragouzis litigation uphold a preliminary injunction giving a condominium association standing access on 24 hours' notice — plus a no-contact condition and contempt enforcement.
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A $30,220 verdict carried $198,000 in fees against an Ohio condo board
In Rosen v. Cobblestone Lane the owner lost five of six claims and was still the prevailing party — and the Supreme Court of Ohio declined to review it on September 15, 2026 over two dissents.
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Cleveland's 10% short-term rental cap counts a condo building as one block
Cleveland's new short-term rental density limit applies per block or per multi-unit building, which makes a condominium's unit count the divisor — and the variance test asks whether a majority of residents support the application.
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An Ohio solar restriction survives only if the board built a record
Horne v. Adena Pointe is the first Ohio appellate construction of R.C. 5312.16 — and paragraph 30 is a checklist: board affidavits on aesthetic rationale, minutes showing the rule was discussed, property-value data.
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Ohio's short-term rental preemption bill would not touch your covenant
SB 104 and HB 109 would strip cities of the power to ban an Airbnb while leaving an association's power completely intact — the word "covenant" appears nowhere in either bill.
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An Ohio point-of-sale inspection can cite what the association owns
Nineteen Cuyahoga and Summit municipalities require a point-of-sale inspection, and in the interior-and-exterior cities the violations written up are often common elements the seller cannot repair and the buyer's escrow is holding money against.
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A new line on every Ohio tax bill says "Inflation Cap Credit"
HB 186 replaced Ohio's old rollback structure with a partial exemption phasing from 5.70% to 15.38%, and requires the credit to be printed on the bill under that name.
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A developer cannot dissolve your covenants by recording a release
Meeker v. Nolt holds a unilateral developer release ineffective and gives subsequent lot owners standing to enforce — but the covenants as written did not prohibit the use complained of.
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HB 1500 lets a nonconforming home be rebuilt — zoning only
HB 1500 overrides any zoning ordinance blocking the rebuild of a damaged nonconforming residence — but it binds municipalities only, leaving declarations and architectural review untouched.
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FHFA transfer fee rule: where the money goes decides
FHFA reinstated the grandfather exceptions to its private transfer fee rule in March 2026 — and the carve-out that keeps an association's fee lawful turns on who receives it and what it is used for.
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A 2027 bill draft would rewrite the ND tax statement
The Tax Reform and Relief Advisory Committee received bill draft 27.0244.01000 on the required contents of a real estate tax statement, and meets again on September 29, 2026.
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FinCEN final rule: North Dakota HOAs have nothing to file
FinCEN's final rule, effective August 14, 2026, makes the exemption for domestic entities permanent — and names homeowners associations in explaining why no separate carve-out was needed.
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When North Dakota open records law reaches a private HOA
Two 2025 Attorney General opinions restate the test: a private nonprofit corporation is a public entity for open records and open meetings to the extent it is supported by or expends public funds.
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West Fargo Ord. 1254: an STR licence is not a covenant defence
Ordinance 1254 took effect July 1, 2026, licensing short-term rentals including condominiums — and § 10-1603(3) puts the burden of private covenants entirely on the applicant.
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A vote to terminate can make a condo project ineligible
Since September 30, 2025 a project that is terminating, deconverting or in insolvency proceedings is ineligible — and so is one that “has voted or is in the process of voting” on it.
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Radon and HOA disclosure: two ND laws, one exit right
SB 2204's radon disclosure and SB 2229's association disclosure both took effect August 1, 2025 in chapter 47-10 — but only one creates a right to rescind.
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SB 2229's seller safe harbor cites the definitions subsection
N.D.C.C. § 47-10-02.3(4) protects a seller for information disclosed “under subsection 1” — but subsection 1 is the definitions, and the disclosures are made under subsection 2.
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NFIP authorization expires September 30, 2026
The National Flood Insurance Program's authorization runs to 11:59 p.m. on September 30, 2026. A lapse stops FEMA selling and renewing policies — as it did from October 1 to mid-November 2025.
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North Dakota's 2025 landlord-tenant package died almost entirely
Rent payment ordering, late fees, eviction notice contents, landlord obligations, move-in inspections and background checks all failed in 2025 — leaving association-owned rentals under unchanged law.
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The RCBAP coinsurance penalty that prorates a flood claim
The Residential Condominium Building Association Policy imposes a coinsurance penalty unless the building is insured at 80 percent of replacement cost — with building loss payments capped at $250,000 per unit.
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No 2025 bill amended North Dakota's Condominium Act
The official Century Code Sections Affected table for the 2025 session contains zero entries for chapter 47-04.1 and zero for chapter 10-33 — and no bill in the whole assembly touched solar, ADUs, rentals, signs, reserves or covenants.
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Baseline reserve funding no longer counts for condo loans
Since August 3, 2026, a lender relying on a reserve study must verify the budget includes the study's highest recommended reserve allocation — and the baseline funding method is no longer permitted.
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SB 2222 on assistance-animal documentation failed 1-44
SB 2222 would have addressed certification and disability documentation for assistance animals in a rental dwelling. The Senate defeated it 44 to 1, leaving federal law as the only framework — and HUD has since withdrawn its guidance.
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HB 1305 makes squatting a class C felony in North Dakota
HB 1305 added N.D.C.C. § 12.1-22-03(2), making unlawful occupation of a residential dwelling a class C felony on a first offence, and broadened the definition of “dwelling” that goes with it.
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Small condo projects gain a project review waiver
Project review waivers now reach projects of ten or fewer units, and the 50 percent investor concentration and owner-occupancy requirements have been retired.
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SB 2394, North Dakota's first HOA governance act, died 0-46
SB 2394 would have required reserve funds, quarterly board meetings, annual budgets and a 30-day answer to member inquiries. The Senate defeated it 46 to 0 on February 24, 2025.
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SB 2385 rewrites North Dakota mobile home park rules
SB 2385 caps late fees at ten percent, requires ninety days' notice of a rent increase, gives residents three months to comply with new park rules, and lets a court refuse an eviction where the owner broke the statute.
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North Dakota's first HOA duty: SB 2229 resale disclosure
SB 2229 created N.D.C.C. § 47-10-02.3, a fifteen-item resale disclosure package a North Dakota association must produce within ten days — and a purchase contract the buyer can void until it arrives.
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Reported: SB 2405 died, and the official record is blank
SB 2405 passed the Senate 27-20 on September 3, 2026. Press reports say the House killed it the next day. The Legislature's own action history still shows no final House action.
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OTARD protects transmitting fixed-wireless antennas too
The FCC's OTARD rule has not changed since 2023, but its 2021 expansion to hub and relay antennas that transmit fixed wireless signals still catches North Dakota boards out.
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No North Dakota association case in the 2026 term
A case-by-case review of every North Dakota Supreme Court opinion from 2026 ND 1 through 2026 ND 161 returns no decision on covenants, assessments, condominium law or association governance.
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North Dakota licenses no community association managers
Chapter 43-23, the Real Estate Commission's own credential list and all of Administrative Code title 70 contain no community association manager licence — and the broker definition explains why.
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No HOA study in North Dakota's 2025-26 interim
The Legislative Management approved 20 required and 47 optional studies for the 2025-26 interim. None touches homeowners associations, condominiums, covenants, ADUs or short-term rentals — and none was even proposed.
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Nine ND homeowner property tax bills died in 2025
From valuation caps to homestead credit rewrites to ending residential tax lien foreclosure, the 2025 session defeated every major homeowner property tax measure — including one that cleared the House 86-5.
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New ND name-availability rules reach HOA incorporations
New N.D. Admin. Code ch. 72-03-02, effective January 1, 2026, sets a distinguishable-in-the-records standard for filings under chapter 10-33 and the Trade Names chapter — switched on by a certification that has not been confirmed.
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Miss the nonprofit annual report and a North Dakota HOA dissolves
N.D.C.C. § 10-33-139 requires a nonprofit annual report before February 2 each year; a year late and the corporation “ceases to exist and is considered involuntarily dissolved by operation of law.”
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Limited Review is retired for condominium loans
Fannie Mae retired Limited Review and Freddie Mac retired Streamlined Review for loan applications dated on or after August 3, 2026 — so established projects now face a Full Review or a waiver.
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Minot: an approved stormwater plan is a covenant the City enforces
Minot's Land Development Ordinance makes an approved storm water management plan “a covenant running with the land,” enforceable by the City, by persons affected, or by the public generally.
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Minot's City Attorney approves PUD association covenants
Minot's Land Development Ordinance requires PUD common open space to be conveyed to a homeowners association under covenants approved by the City Attorney — the strongest municipal control over association documents in North Dakota.
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Fargo's draft code would bar ADUs in cluster developments
The Land Development Code draft would permit one attached ADU per single- or two-unit lot, cap it at 1,000 square feet, require matching architecture — and exclude cluster developments entirely.
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Fargo has no STR ordinance, and a draft code would add one
North Dakota's largest city has no short-term rental ordinance, so the covenant is the only restriction — and the Land Development Code draft would add licensing and a 25 percent per-building cap.
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Fargo assesses subdivisions 100% for street amenities
The city's 2026 Infrastructure Funding Policy, approved November 24, 2025, assesses street amenities beyond the standard paving package at 100 percent — and raises every cap five percent a year.
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SB 2238 allows sealing of ND eviction records
SB 2238 created N.D.C.C. § 47-32-05, letting a person move to seal eviction records seven years after the order is satisfied — which changes what an association can find out.
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Condo reserves must hit 15% for January 2027 loans
Fannie Mae and Freddie Mac raised the replacement reserve minimum from 10 percent to 15 percent of annual budgeted assessment income, for loan applications dated on or after January 4, 2027.
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SB 2336 puts condo elevators on an August 2026 clock
SB 2336 requires every association-owned elevator, chairlift, platform lift and dumbwaiter to be registered and to carry an annually renewed certificate of operation, with witnessed acceptance tests phasing in from August 1, 2026.
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Carpenter v. Southbay HOA, 2025 ND 114 — waiver and metal roofs
The North Dakota Supreme Court held that defeating a covenant's no-waiver clause requires proof the association waived both the covenant and the no-waiver clause itself.
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North Dakota bad-faith claims now need a judgment first
SB 2374 created N.D.C.C. § 26.1-39-29, requiring a final judgment that the property insurer breached the contract before a bad-faith action may proceed — and set rules for arbitration endorsements and managed repair programs.
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Eighth Circuit: an HOA appraisal award is not reviewable
Jamestown Villas Homeowners Association v. State Farm holds that an appraisal panel's award necessarily decided the “like kind and quality” question and cannot be reviewed for adequacy of amount.
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Tamm v. Gatzke, 2025 ND 141 — plat access easements
In Tamm v. Gatzke the Supreme Court assumed without deciding that recording a plat marked “Access Easement” can create an easement, and sent the question back for trial.
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SB 2122: receivership law reaches 5-unit condo buildings
SB 2122 enacted the Uniform Commercial Real Estate Receivership Act, and its residential carve-out stops at four dwelling units — so a five-unit condominium building is fully inside it.
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SB 2374 bars reopened property claims after one year
SB 2374 created N.D.C.C. § 26.1-39-30: a reopened claim is barred unless noticed within one year of the date of loss, and a supplemental claim within twelve months of the insurer's last payment.
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A $50,000 per-unit deductible cap now applies to master policies
Since July 1, 2026 a condominium master policy's per-unit deductible may not exceed $50,000 — and any per-unit deductible forces every mortgaged owner to carry an HO-6.
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Eighth Circuit revives RICO claims over a condo lien
The Eighth Circuit reversed dismissal of a unit owner's RICO claims against his condominium association, holding the district court failed to apply the separate-accrual rule.
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North Dakota's property insurance numbers, and the missing line
The Insurance Department's 2024 statistical report gives homeowners premium and claims for the state — and issued no property bulletin in 2025 or 2026, and no hail loss statistic.
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A New York HOA banned front-yard ice rinks through its architectural guidelines. A court voided the rule and the fines.
Because the declaration required a 67% owner vote to add a use restriction, a board amendment to the architectural guidelines was unauthorized — and an unauthorized rule gets no business judgment rule protection.
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The cheapest New York City compliance item your board is probably still missing is due December 31
Every building with a parapet fronting a public right-of-way needs an annual observation, regardless of height. The rule expressly allows a bricklayer, superintendent or handyman to perform it, and nothing is filed with DOB.
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That detention basin on your HOA’s common area is a recorded deed restriction, and the town can inspect your records
New York’s MS4 regime runs through town local laws drawn from a state model that requires the stormwater maintenance obligation to be recorded as a deed restriction binding every subsequent landowner.
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A New York co-op had three months to enforce its no-pit-bull rule. It waited, and the rule was gone.
The First Department held that neither the business judgment rule nor a no-waiver clause overcomes the New York City Pet Law, and that the nuisance exception turns on the animal’s conduct, not its breed.
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Your master policy deductible is now $250,000. Who pays it is genuinely unsettled.
New York boards are asking whether the owner who caused the water damage should pay the deductible instead of the whole building. There is no New York statute and no case law on the point.
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New York has two mandatory reserve study bills, they are not companions, and they disagree on who gets the filings
S7600 files reserve studies with the Attorney General. A8945 files them with the State Comptroller. Both would force catch-up funding on a statutory timetable that overrides any bylaw cap.
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Two January 1, 2027 deadlines are coming at New York City buildings, and one of them needs a permit
DOB issued a “FINAL REMINDER” in July 2026 on single-plunger elevator brakes. Separately, natural gas detectors are due in every dwelling unit — unless a determination that was due in July 2026 moved the date.
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New York legalized plug-in balcony solar and said nothing about condo boards
The SUNNY Act passed both houses on May 28, 2026. A word-by-word search of the bill finds no reference to a condominium, cooperative, homeowners association, landlord or lease.
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If anyone is still billing your New York board for beneficial ownership filings, stop paying
FinCEN’s final rule, effective August 14, 2026, permanently exempts every entity created in the United States — and the rule’s preamble names homeowners associations as a category it did not need to exempt separately.
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New York broadened its common-area smoke alarm mandate by deleting the words “condominium or cooperative”
Chapter 21 of 2025 replaced a condo-and-co-op clause with a building-wide test: any residential building with common space shared between three or more dwelling units needs alarms audible in each common space, from December 31, 2025.
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New York City’s sidewalk shed penalties went live in January, they reach $6,000 a month, and they stack
Local Laws 48, 50 and 51 of 2025 cut shed permits to 90 days, charge up to $200 per linear foot per month where no work is in progress, and add $5,000–$20,000 penalties for missing facade repair milestones.
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An owner paid off her HOA arrears two years early. The association could not add its legal fees or hold the sale.
The First Department held that the payment agreement, not the bylaws, governed — and that unconditional tender of the full amount due before the sale waived the association’s right to proceed.
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The biggest New York co-op governance bill in years contained one sentence letting New York City opt out
S8912 would let shareholders fire the managing agent and would make the annual budget subject to member approval. Section 139 lets any city over one million people exempt itself.
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A condo disclosure bill passed the New York Senate 58–1, and the industry killed it in the Assembly
S7541 would send every engineering report to the municipal building department within 60 days and let the Attorney General void an offering plan for non-compliance. Two co-op groups called it a death sentence.
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A New York bill would stop HOAs forcing pesticides on your lawn — and it got a bipartisan committee vote
S7432 cleared the Senate Judiciary Committee 14-2 with three reservations, reached third reading, then was parked in Rules on June 5, 2026. The opt-out, not the ban, is the disruptive half.
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New York’s condo bill of rights passed the Senate twice and reaches almost nobody
S5089 cleared the Senate 60-0 and then 61-0 and has never reached an Assembly vote. Read its first sentence: it applies only to not-for-profit condominium associations managing 3,500 or more units.
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New York’s closest thing to an HOA statute has never moved — and it mentions a court New York does not have
S1177 would impose statutory triggers for developer turnover of HOA control plus a 90-day, developer-funded, independently audited handover of twenty categories of records.
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New York’s new short-term rental registry law can stop your town creating a registry — and never touches your covenant
Real Property Law Article 12-D requires counties to run STR registries and bars cities, towns and villages from creating new ones where a county does. It regulates the unit, not the association.
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Every New York condo, co-op and HOA board has until June 2027 to strip unlawful covenants — and owners get no vote
Real Property Law § 327-a took effect June 3, 2026. It orders boards to delete or amend unlawful restrictions in their recorded documents within one year, expressly without the approval of property owners.
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New York rewrote the neighbour-access statute your facade job depends on — first time since 1968
Chapter 601 of 2025 and Chapter 44 of 2026 overhauled RPAPL § 881. Two unanswered certified letters now count as a refusal, the board must compensate the neighbour, and the additional-insured requirement was traded away.
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New York’s Real Estate Finance Bureau abolished wet-ink signatures and in-person notarization
From January 7, 2026 the Bureau accepts scans, DocuSign and remote online notarization, and requires cooperative policy statement applications to be filed through a new portal. The memo cites the HOA regulation by number.
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A state-funded ADU records a ten-year covenant on a lot that may already be inside your HOA
New York’s Plus One ADU programme requires a recorded regulatory agreement of at least ten years. Neither the state programme page nor the participating counties mention homeowners association consent.
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New York’s new pied-à-terre tax arrives through maintenance — which makes the co-op board the collection agent
Enacted as Part HH of the 2026-2027 state budget, the surcharge starts at a $1 million Department of Finance market value for condos and co-ops. Condo owners are billed directly; co-op boards are not.
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One storey decides whether a Nassau County condo has an assessment cap or none at all
A three-storey condominium never converted from rental gets Class 1 treatment and the 6 percent and 20 percent caps. One storey more, or a conversion history, and the same units are valued as a hypothetical rental with no cap.
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New York considered a co-op and condo ombudsperson funded by $6 per unit a year. Its own memo explains why.
A10286 would create a DHCR ombudsperson programme with election monitoring and mediation, paid for by a new Tax Law fee on every residential unit. It died in committee; CAI opposed it.
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The flood insurance programme runs to December 11 — and FEMA’s own website will tell your board September 30
A law signed September 2, 2026 extended NFIP authorization to December 11, 2026. FEMA’s reauthorization page has not been updated since February and still shows the old date.
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Unit owners removed an entire New York condo board by written consent — and left it unable to function
Owners holding 66% of common interests validly removed all four board members without a meeting. But they could not fill the seats they emptied: vacancies from removal belong to the remaining directors.
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If your board missed the 2026 Local Law 97 deadline, DOB’s own notice describes a zero-penalty way out
Every 2026 emissions-reporting date has passed and penalties accrue at $0.50 per square foot per month. But a Notice of Deficiency for failure to file can be resolved at zero penalty within 60 days.
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For the first time, New York City co-op boards are on a statutory clock to decide a purchase application
Local Law 58 of 2026 took effect July 28, 2026 after the City Council overrode a mayoral veto. Fifteen days to acknowledge receipt, forty-five to decide, and HPD enforces at OATH.
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New York City’s facade inspection cycle changes on October 1, and most boards have not heard
Local Law 49 of 2025 replaces the fixed five-year FISP cycle with an interval set by DOB rule between six and twelve years, and moves a new building’s first examination from year five to year eight.
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A New York condominium won at trial and lost the case — it had sued in its own name
Most New York condominiums are unincorporated associations with no separate legal existence. A proceeding must be brought by the president or treasurer. The Appellate Term dismissed a case that was not.
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HUD stopped enforcing emotional support animal rules. For a New York board, almost nothing changed.
A May 2026 HUD memorandum permanently rescinded the 2020 assistance-animal guidance. It governs HUD’s own enforcement discretion — and New York State and City law are independent and stricter.
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A New York bill would have given HOA heat-pump applications a 60-day deemed approval — and fee shifting
The Central Air Conditioner and Heat Pump Rights Act reached the Assembly third-reading calendar and was never called. It defined an unreasonable limitation by a 10 percent cost test.
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The Local Law 97 credit for a heat-pump retrofit halves on January 1, 2027
The beneficial electrification coefficient in 1 RCNY § 103-14(d)(vii) is negative — it subtracts from reported emissions. Equipment operating before January 1, 2027 earns twice the credit of equipment that comes online after.
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New York City’s gas piping rules now charge an all-electric building $480 to say it has no gas
Local Law 142 of 2025 and amendments to 1 RCNY § 103-10 added filing fees, a two-day advance notice requirement, and a per-cycle re-filing duty for buildings that no longer receive gas service.
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February 15 is the only New York City deadline with no extension, no waiver and no appeal
Miss the prevailing-wage affidavit for the co-op and condo property tax abatement and the Department of Finance states the result plainly: loss of the abatement for the entire development, with no exception process.
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Fannie Mae’s light-touch condo review is already gone, and no housing stock is more exposed than New York’s
Limited Review was retired for loan applications dated on or after August 3, 2026. Every established condo project over ten units now gets a Full Review of the association’s books — and the finding is project-wide.
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New York already requires 90 days’ notice before an HOA forecloses — it has been law since October 2025
Chapter 433 of 2025 created RPAPL Article 20-A and amended RPL § 339-aa. It took effect immediately on October 16, 2025 and applies to any foreclosure action commenced since.
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A 40-unit Brooklyn co-op allegedly lost $708,216.61 over six years to its own board president
The Brooklyn District Attorney indicted the former board president of a 40-unit Brooklyn Heights building for second-degree grand larceny. The allegations are the clearest available case for basic internal controls.
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Four New York condo board members were sued personally. Neither the business judgment rule nor the exculpatory bylaw got them out.
The First Department reinstated direct tort claims against individual board members on June 18, 2026, where an animus-driven campaign of retaliation was pleaded non-conclusorily.
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A mixed-use condo called itself commercial. Its common-charge lien lost to a 2016 mortgage anyway.
The First Department held on June 30, 2026 that the Real Property Law § 339-z priority exception is available only to exclusively non-residential condominiums, and that the test is actual use.
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Albany spent 2026 debating whether to regulate your board, and dropped every single measure
An ombudsperson with a per-unit fee, mandatory 30-year reserve studies, shareholder power to fire the managing agent, and mandatory inspection disclosure. None of it passed. Here is the honest scorecard.
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New York’s Attorney General has proposed cutting sponsor control of a converting condo board from five years to two
The first proposed rewrite of the co-op and condo conversion regulations since the 2019 HSTPA would cap sponsor voting control at two years and require an owner election within 30 days of it ending.
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New York doubled the offering-plan filing fee cap and put a $750 floor on every amendment
Effective November 5, 2025, the Attorney General’s maximum offering-plan filing fee went from $30,000 to $60,000, and amendments, no-action applications and cooperative policy statements now cost $750 each.
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New York bill on religious items at the door passed 141–0 and names HOAs, condos and co-ops
A9195-A would bar a condo board, co-op board or homeowners association from prohibiting religious items on an entry door or doorframe, leaving only four grounds to refuse.
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New York bill would void HOA turf mandates — and Hochul vetoed it once already
A10102 passed both houses on June 3, 2026 and would make any covenant banning pollinator or rain gardens void as against public policy. Its predecessor was vetoed in October 2025.
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A New York co-op amended its proprietary lease by supermajority vote. It could not take one shareholder’s roof rights.
The First Department reinstated a breach claim where the original lease required that shareholder’s express consent. Read with a second 2025 decision, the lesson is that a co-op can waive its own no-waiver clause.
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A Queens co-op took Local Law 97 to New York’s highest court and lost. The law is now settled.
Glen Oaks Village Owners ran the sector’s own test case against the emissions law. The Court of Appeals held in May 2025 that the state Climate Act did not preempt it, and the matter is concluded.
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Your association's master policy no longer has to replace the roof
Fannie Mae carved roofs out of the replacement-cost requirement and both agencies retired inflation guard entirely — two changes that shift rebuilding risk onto New Mexico associations with older roofs.
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New Mexico's insurance regulator says it plainly: your condo fees do not insure your unit
OSI's consumer guidance sets out what a master policy covers, why every unit owner needs an HO-6, and why loss assessment coverage is the provision that responds when a board levies after an underpaid claim.
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New Mexico's first elevator code makes your association the regulated party
A new NMAC Chapter 14.15 took effect September 12, 2025, and the Construction Industries Division required every commercial conveyance in New Mexico to be registered by January 1, 2026. The permit exemption covers single-family dwellings only.
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New Mexico cities can now bill your association for rain
SB 7 lets any municipality create a storm water utility and charge each person owning or controlling real property. There is no exemption for community associations and no credit for the drainage they already maintain.
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You cannot sue your HOA's lawyers for the HOA's alleged discrimination
A New Mexico federal magistrate recommended dismissing all claims against an association's defence firm with prejudice — while the Fair Housing Act and ADA claims against the association itself over park access remain live.
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What a New Mexico board can still enforce against a home child care operator
The 2026 amendment to the Homeowner Association Act bars prohibition and bars fees, but the industry's own account of the negotiation says uniformly applied rules of general application were preserved.
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New Mexico's wildfire insurance moratorium ended in March — one protection survives
The Superintendent of Insurance revoked the Salt and South Fork fire emergency orders effective around March 31, 2026. The surviving requirement is a minimum of twelve months to repay deferred insurance premiums.
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New Mexico's veteran property tax exemption more than doubled — and now follows a home into a trust
Two enacted bills raised the veteran exemption from $4,000 to $10,000 with inflation indexing, made the disabled-veteran exemption proportional to disability rating, and extended eligibility to trust-held title.
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New Mexico will fund starter homes smaller than many HOA covenants allow
The New Homes for New Mexico Program caps a starter home at 1,800 square feet on a lot of 5,000 square feet — dimensions that many older New Mexico minimum-size covenants exclude.
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The reserve study your New Mexico association just paid for may no longer count
Since August 3, 2026 a lender may not rely on a reserve study funded on the baseline method, and the budget must carry the study's highest recommended allocation. Studies commissioned earlier this year may not qualify.
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The only New Mexico Attorney General opinion on HOAs is about solar panels
AG Opinion 11-02 reads Section 3-18-32 to let an association regulate solar collectors but not price them out of reach. A survey of 2025 and 2026 opinions identified none concerning an association.
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New Mexico's insurer of last resort now writes $2 million — and still cannot satisfy your declaration
FAIR Plan commercial limits doubled to $2 million in October 2025 and residential limits rose to $750,000. But the plan pays actual cash value and, in the regulator's own words, liability cannot be added.
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The 80 percent rule inside your association's flood policy can cut the check
The federal condominium flood policy imposes a coinsurance penalty whenever building coverage falls below 80 percent of replacement cost, applied before the deductible — with FEMA's own worked example showing the shortfall.
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New Mexico's casita bills were quietly amended to spare existing HOA covenants
Two sessions of accessory dwelling unit bills died in New Mexico — and a sponsor's amendment had already narrowed them so that every HOA covenant recorded before the effective date would have survived.
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New Mexico bill would have put a dollar figure on solar covenant limits — it died
SB 98 would have made a covenant void if it raised the cost of installing a solar collector by more than ten percent or $1,500, or cut its efficiency by more than ten percent. It cleared one committee and died in Senate Judiciary.
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New Mexico bill to let the Attorney General sue HOAs for owners died in committee
SB 239 would have let a lot owner complain to the Department of Justice and allowed the Attorney General to bring a civil action on that owner's behalf. It cleared one committee and was never heard in Senate Judiciary.
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Santa Fe makes rental applicants swear your covenants allow it — then mails your HOA the permit
Santa Fe's short-term rental ordinance requires an applicant affirmation that no private covenant prohibits the use, mandates notice to the homeowners association within ten days, and says covenants may prohibit the rental outright.
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Santa Fe County will certify your defensible space — then you must keep it that way forever
A county certification exists mainly so owners can obtain property insurance, and it binds the owner to a Fuel Modification Plan indefinitely — running straight into covenants that protect trees and screen propane tanks.
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Santa Fe County capped rentals by community — then started filing criminal charges
A 2024 amendment caps non-owner-occupied short-term rentals at 3 or 7 percent of a community's housing stock. The county added three code officers in 2025 and owners have faced petty misdemeanour charges.
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Ruidoso's fire rating was downgraded — and insurers had 90 days to warn policyholders
An OSI bulletin recorded Ruidoso moving from Public Protection Class 2 to Class 3 effective July 1, 2026, and required every residential insurer to send policyholders a prescribed premium-impact notice.
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Ruidoso rewrote its rental rules twice since the fires. Neither version mentions your HOA.
Village of Ruidoso Ordinance 2025-01 was superseded by Ordinance 2026-10 in June 2026. Both regulate permits, occupancy and fire safety — and neither addresses private covenants or notifies associations.
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Rio Rancho legalized short-term rentals — and its own FAQ says your HOA can still say no
Short-term rentals became lawful in Rio Rancho on July 1, 2025 under a new Chapter 123. The City's published guidance tells applicants that homeowners associations may still prohibit them.
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Reported: a record 6,200 New Mexico homes lost their insurance last year
New Mexico's Superintendent of Insurance told the Legislative Finance Committee that non-renewals hit an all-time high in 2025, nearly triple the 2021 figure, concentrated in four northern counties.
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New Mexico's new rental fee rules carry treble damages, not a $250 penalty
SB 267 routed rental application and tenancy fee violations into the Unfair Practices Act, and its definition of dwelling unit reaches a leased pad in a manufactured-home community.
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New Mexico legalized remote association meetings — and the quorum number that matters is 10 percent
SB 72 added remote participation to the Condominium Act and the Nonprofit Corporation Act. Three different quorum rules apply, and the one governing most incorporated New Mexico HOAs is one-tenth of the votes.
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New Mexico still has no way to strike racist covenants from a deed
HB 114 would have barred recording an instrument carrying a discriminatory restrictive covenant and required their removal. It cleared one committee in February 2025 and died in House Judiciary.
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The antenna rule most New Mexico boards have never read puts the burden on the association
Under 47 CFR 1.4000 an association that restricts a covered antenna must prove its restriction does not impair installation or use — and since 2021 the rule reaches fixed-wireless hub and relay antennas.
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One paragraph in a 158-section tax bill changed what can be recorded against a New Mexico home
HB 218 added state tax lien notices to the list of instruments recordable without acknowledgment. An association's own declarations, amendments and assessment liens still require notarization.
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New Mexico licenses barbers and home inspectors. Not the person holding your HOA's reserves.
A full-text search of the Real Estate Commission's rulebook returns no reference to community associations, and none of the Regulation and Licensing Department's 28 boards licenses association managers.
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New Mexico counts the homeowners its insurers dropped. It counts no associations at all.
Individual homeowner non-renewals are published and rising. Master-policy non-renewal, premium and availability figures for community associations are not collected anywhere in New Mexico.
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New Mexico wrote hundreds of rules in two years. None of them says “homeowners association.”
A search of the state's official cumulative indexes of rulemaking for 2025 and 2026 returns no occurrence of homeowner, condominium or community association — the clearest available answer to who regulates a New Mexico HOA.
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New Mexico's highest court has not touched an HOA dispute in two years
A review of every New Mexico Supreme Court opinion filed since January 2025, the pending-case docket and seven certiorari tables returns no association, covenant or condominium case — and none is in the pipeline.
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No federal regulator watches your New Mexico HOA's collections
The CFPB's 2026 agenda reaches mortgage servicers, not associations, and the Justice Department's only 2025-26 ADA rulemaking binds state and local government. For a New Mexico owner, the applicable law is state law.
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New Mexico created a solar fund in 2025. Your association cannot apply to it.
The Local Solar Access Fund is limited to counties, municipalities, school districts, land grants and tribes. Neither an association nor an individual homeowner is an eligible entity.
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New Mexico now has a state wildfire-hardening standard. Your covenants predate it.
The Wildfire Prepared Act took effect on signature in April 2025, pins certification to insurance-industry standards, and expressly creates no new right against a covenant.
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The condo lending shortcut disappeared in August — and the smallest New Mexico projects got a pass
Fannie Mae retired Limited Review and Freddie Mac retired Streamlined Review on August 3, 2026. Both expanded a no-review path for projects of ten units or fewer — unless the project sits under a master association.
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Las Cruces short-term rentals had six months to register. Thirty-five did.
A Las Cruces registration ordinance took effect January 1, 2026 with enforcement from July 1, 2026 and a 500-foot neighbour notice requirement. Reporting put full compliance at about 35 of an estimated 725 rentals.
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In thirty New Mexico subdivisions the HOA dues are not the whole bill
Public Improvement District special levies are collected with property taxes on top of association assessments, the board cannot reduce them, and the disclosure duty falls on the seller before an offer is accepted.
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HUD deleted the assistance-animal playbook. The duty it explained is untouched.
HUD withdrew FHEO 2020-01 and FHEO Notice 2013-01 effective September 17, 2025, published April 6, 2026. The Fair Housing Act accommodation duty and the two-year private right of action are expressly preserved.
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New Mexico bill to stop HOA foreclosures over fines died in its second committee
HB 440 would have barred a New Mexico association from foreclosing a lien under $5,000, under twelve months delinquent, or made up solely of fines. It passed one committee and was never heard in the next.
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New Mexico bill to ban HOA fees on home sales died without a hearing
HB 232 would have added one sentence to the Homeowner Association Act prohibiting any association fee on the sale of a lot. It was referred to committee in January 2025 and never placed on an agenda.
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New Mexico bill would have required owner-occupants on new condo boards — it died on referral
HB 122 would have required 55 percent owner-occupancy in condominiums created after July 1, 2025 and reserved 35 percent of board seats for owner-occupants. It was never heard in committee.
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New Mexico lets a homeowner irrigate with gray water. Your covenant still governs the hardware.
The state exempts under 250 gallons a day of residential gray water from permitting, subject to eleven conditions — and expressly subordinates the use to local ordinances while saying nothing about private restrictions.
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Four things your New Mexico HOA collects that are not tax-exempt
The gross receipts tax exemption for association dues is narrower than most boards assume. Non-member amenity fees, dues from non-owners, sales or leases of association property, and work billed to an individual lot all fall outside it.
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Federal flood insurance runs out September 30 — it has already lapsed twice this year
The National Flood Insurance Program is authorized only through September 30, 2026. It lapsed from October 1 to November 12, 2025 and again from February 1 to 3, 2026. In-force policies run their term; new and renewal policies stop.
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FinCEN's final rule names homeowners associations — yours files nothing
A FinCEN final rule effective August 14, 2026 makes the exemption of domestic entities permanent and addresses homeowners associations by name. A New Mexico nonprofit association has no beneficial-ownership report to file.
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FHA did not follow Fannie and Freddie — two federal condo standards now disagree
Every 2026 FHA Mortgagee Letter was checked and none touches condominium project approval, reserves, owner-occupancy or master insurance. A New Mexico project can be FHA-approved and conventionally unfinanceable at the same time.
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Every New Mexico HOA ruling of the past two years is one a judge is free to ignore
All 119 precedential Court of Appeals opinions from 2025 and 2026 were reviewed. None decides an association, covenant, assessment-lien or architectural-control question. Everything on those subjects came in memorandum opinions.
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Albuquerque owes park residents 18 months' notice — and puts a 30-year clock on the park
Two provisions of the adopted 2025 zoning update require 18 months' written notice before a rezoning that ends resident occupancy, and cap a nonconforming mobile home development at 30 years.
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New Mexico condo associations must budget 15% to reserves by January 4
Fannie Mae and Freddie Mac raised the replacement-reserve minimum from 10 percent to 15 percent of annual budgeted assessment income for loan applications dated on or after January 4, 2027.
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New Mexico bans HOA covenants that block child care homes
Section 4 of a 2026 child care bill amended the Homeowner Association Act so an association may not enforce any restriction that effectively prohibits the use of a lot as a child care home.
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Build a casita in Santa Fe and the City records a covenant against your land
Santa Fe requires accessory dwelling unit owners to record a restrictive covenant in the City's favour that runs with the land, binds all successors, and may be amended by the City from time to time.
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Rent your condo by the night in Bernalillo County and the Assessor now calls it a business
About 1,000 Bernalillo County properties were reclassified from residential to non-residential as short-term rentals after an analysis completed in 2025. The Protest Board sided with the Assessor in 80 percent of protests.
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In New Mexico, asking your insurer a question can no longer be logged as a claim
SB 221 added a new unfair claims practice effective June 20, 2025: treating an insured's inquiry as a claim where the facts are not covered, nothing is paid and there is no deception.
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An overstated collection letter put an association outside its own insurance
The Tenth Circuit held that knowledge-of-falsity exclusions defeated both defence and indemnity coverage for an owners association whose board circulated a collection letter members knew overstated the debt.
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An Angel Fire HOA won on the homeowner's own deposition answers
The Court of Appeals affirmed summary judgment for an association that made its case using the homeowner's interrogatory answers and deposition testimony. Photographs attached to a complaint are not summary-judgment evidence.
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Albuquerque wrote EV charging into its parking rules — and it lands on new condo and townhouse projects
The Integrated Development Ordinance requires EV-capable parking in new townhouse developments over six units and installed charging stations in multi-family developments over 100 units — a common-element cost from day one.
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Albuquerque's zoning code says it out loud: your covenants are your problem
The Integrated Development Ordinance states the City has no obligation to enforce a private covenant — and separately bars subdivision approval on land whose covenants prohibit solar collectors.
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Albuquerque rejected short-term rental limits a third time — your declaration is what is left
A proposed separation requirement was defeated 5–4 in February 2026, the third failed attempt in three years. Roughly 1,200 of an estimated 2,000 Albuquerque short-term rentals operate without a permit.
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Albuquerque pays $3 a square foot to tear out your lawn. Does your declaration still require one?
A turf-removal rebate, an eight-hour daily spray-irrigation ban and a 10 percent cool-season grass cap all now point one way — and the water-waste ordinance binds the association for common-area irrigation.
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Albuquerque now makes a neighborhood association collect signatures — and pay $1,000 if it loses
Three IDO changes raised the bar for a neighborhood association appeal: a majority petition within 660 feet for standing, $1,000 loser-pays on an approved application, and notice failures no longer a ground.
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Albuquerque gave mobile home park residents a chance to buy. The state twice refused.
The Manufactured Home Community Stability and Empowerment Ordinance has been in the Albuquerque code since January 2025, requiring notice of an intent to sell and good-faith consideration of a resident offer.
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Albuquerque declined to loosen its casita rules — and the code already picks the paint colour
The 2025 IDO Update reversed proposed accessory dwelling unit expansions. The citywide size limit is 750 square feet, not the 650 figure widely repeated, and the code dictates façade colour and siting.
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Albuquerque caps cool-season grass at 10 percent. For a condo development it is 20.
Multi-family development in Albuquerque carries its own landscape standards in addition to the general ones — a 20 percent cool-season grass allowance, and a requirement that living plants cover 75 percent of the landscaped area.
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New Mexico has a 30-year wildfire-hardening loan — and its lien outranks your association's
The Improvement Special Assessment Act finances fire-resistance work on multifamily property of five or more units for up to 30 years, with a lien senior to everything but ad valorem taxes.
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A New Mexico water association argued it was not a public body. It paid $4 a day anyway.
The Court of Appeals affirmed findings that a mutual domestic water consumers association violated the Open Meetings Act and unreasonably denied a records request — while holding that a curative meeting is discretionary, not mandatory.
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A $10 filing is all that stands between your HOA and losing its corporate existence
New Mexico nonprofit corporations file an annual report by the fifteenth day of the fifth month after their fiscal year ends. Failure exposes the association's certificate of incorporation to revocation.
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A Taos HOA let its own lawsuit go quiet, lost it, and could not appeal its way back
An association's suit was dismissed for failure to prosecute without a hearing after its counsel did not respond. It missed the appeal deadline on both the dismissal and the reconsideration, and could not use Rule 1-060(B) as a substitute.
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A rebate that would have paid for HOA re-roofs passed both chambers — and was vetoed
HB 153 would have rebated low-carbon construction materials including roofing, asphalt and concrete, with a project definition that covers association capital work. The Governor vetoed it in March 2026.
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A judge turned an injunction hearing into the whole trial. The Court of Appeals reversed.
A permanent injunction in a New Mexico access dispute was thrown out because the district court consolidated the preliminary hearing with the merits without telling the parties — a due process failure that is reversible on its own.
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Leaving one required sentence out of a lot lease is not a technicality, New Mexico holds
In the only precedential New Mexico opinion about a residential community in this period, the Court of Appeals held that omitting a mandatory Mobile Home Park Act disclosure is a non-de minimis violation with a private remedy.
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Your master policy may now carry a $50,000 per-unit deductible — and your HO-6 has to cover it
Fannie Mae and Freddie Mac replaced the 5 percent per-unit master-policy deductible test with a flat $50,000 ceiling, and required each owner's unit policy to carry a limit equal to that deductible.
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A New Mexico covenant can die the moment one person owns every lot — permanently
The Court of Appeals affirmed that a subdivision restriction was extinguished by merger because one couple owned every burdened and benefited tract when it was recorded. Later severance does not revive it.
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New Jersey court extends the ongoing storm rule to condo associations
In Weidlich v. 313-319 First Street Condo Association the Appellate Division affirmed summary judgment in a slip-and-fall on icy exterior stairs, applying the Pareja ongoing storm rule to an association, its manager and its contractor.
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New Jersey court: an HOA cannot claim a unit it paid expenses on for 32 years
In Wedgewood Gardens Condominium Association v. Wedgewood Gardens Developers the Appellate Division held a master deed's building-personnel unit clause did not transfer title to the association, despite decades of payments.
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New Jersey's only developer transition-timing bill died with no successor
A1367 would have revised when unit owners assume control from a developer. It died in January 2026 and nobody refiled it, leaving no pending bill that changes the transition trigger.
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New Jersey's first condo structural-inspection deadline passed on January 8, 2026
Covered condominium and cooperative buildings with certificates of occupancy issued 15 or more years before January 2024 were required to complete a load-bearing inspection by January 8, 2026. The Legislature enacted no extension.
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An Atlantic City condo association filed bankruptcy after a $34M reserve study
Skyline Tower Resort Vacation Condominium Association filed Subchapter V in November 2025 after a reserve study projected roughly $34 million in capital needs. Its 32-story tower drew an $18.2 million winning bid in April 2026.
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New Jersey bill would let towns exempt duplexes from condo structural inspections
S4365 would widen the “excluded structure” definition so a municipality could exempt duplexes and townhouses in rows of three from the 2023 law's structural inspections — but only by local ordinance.
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New Jersey bill would let homeowners vote to dissolve their HOA
S4104 would create a statutory dissolution procedure for common interest communities: a 25 percent petition, a board vote within 60 days, a two-thirds majority, and a $100-per-week personal penalty for directors who stall.
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New Jersey bill would close the townhouse gap in HOA solar protection
S3562 would remove the ownership and roof-responsibility qualifiers from New Jersey's solar-collector protection, so associations could not prohibit panels on any single-family home or townhouse roof in a common interest community.
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New Jersey bill would stop condo associations charging deductibles to owners
S3561 would amend the Condominium Act to bar an association from passing an insurance deductible to a unit owner or group of owners — just as Fannie Mae's new $50,000 deductible cap pushes premiums the other way.
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New Jersey bill would let associations apply to DCA to lower reserve obligations
S3406 would allow a planned real estate development to petition the Department of Community Affairs to reduce its reserve fund obligation based on the development's risk-mitigating features — potentially including having no high-rise.
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New Jersey court reverses condo injunction over a $40M facade project
In Rialto-Capital Condominium Association v. Coates the Appellate Division vacated a permanent injunction against a unit owner because the trial court granted it on an order-to-show-cause return date without a plenary hearing.
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New Jersey's reserve law now lets balances hit zero — and 85% funding expires
P.L.2025, c.132 redefined adequate reserve funding as a 30-year plan that never falls below zero, deleted the old catch-up schedules, and created a five-year 85% funding option carrying a 20-point bold-font warning.
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New Jersey capped rental application fees at $50. Does it reach HOA lease fees?
P.L.2025, c.405 caps residential rental application fees at $50, CPI-indexed, with penalties up to $1,000. Whether an association charging a lease-approval fee is an “agent” of the landlord is not addressed by the statute.
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New Jersey's REAL rules changed the standards for HOA stormwater basins
NJDEP's Resilient Environment and Landscapes rules took effect January 20, 2026, amending the stormwater, flood hazard, coastal and wetlands chapters that govern association-owned infrastructure.
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New Jersey court enforces an arbitration award of 45 parking spaces, indefinitely
In Hudson River Associates v. The Promenade at Edgewater Condominium Association the Appellate Division affirmed confirmation of an award requiring a developer to maintain 45 replacement parking spaces for a master association.
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New Jersey readopted its PREDFDA association rules unchanged through 2032
DCA readopted all of N.J.A.C. 5:26, including the Radburn election regulations, without a single change — fourteen months after a new statute amended PREDFDA and thirteen months after a court reversed part of those rules.
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Ocean County seniors told commissioners the reserve law was built for high-rises
An advocate told the Ocean County Board of Commissioners in October 2025 that senior communities were seeing $300 to $400 monthly increases under New Jersey's reserve statute, seven months before the story reached the daily papers.
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Roughly 35 New Jersey HOA bills are pending. None has had a committee vote
Eight months into the 222nd Legislature, every community-association bill on the board shows the same single line of history: introduced, referred to committee. Most are reintroductions of bills that already died once.
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New Jersey is not working on UCIOA, and has no condo-safety task force
The Law Revision Commission has no project on the Condominium Act, PREDFDA or common interest ownership, no UCIOA bill is pending, and no successor body to the 2023 condominium-safety work exists.
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The NJ association open-meetings rule DCA still cites was repealed in 2020
N.J.A.C. 5:20 was repealed effective May 18, 2020 and its open-meeting requirements moved to N.J.A.C. 5:26-8.12 — but the Department of Community Affairs' own homeowner-facing pages still cite the repealed chapter.
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New Jersey condos exempt from inspection still have to register — and apply
DCA guidance published in 2026 warns that condominiums, co-ops and townhouse communities exempt from the Hotel and Multiple Dwelling Law must still register with the Bureau of Housing Inspection and apply for the exemption.
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Two New Jersey bills would put teeth in association minutes and conflict rules
S2743 would let DCA fine an association up to $2,000 per meeting for withholding minutes. A1572 would apply public conflict-of-interest principles to HOA boards, managers and their immediate families.
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New Jersey rewrote manufactured-home purchase rights — and cut a PREDFDA hole
P.L.2025, c.362 replaced the homeowners association mechanism with an informal resident group, cut the approval threshold to 51 percent, stretched response windows, and exempted such sales from PREDFDA registration.
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New Jersey's mansion tax moved to the seller, and it names co-op units
P.L.2025, c.69 shifted the additional realty transfer fee from buyer to seller and made it graduated up to 3.5 percent, with cooperative units expressly included in the covered classes.
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New Jersey still does not license community managers. Two bills would change that
A1947 and S4158 would require DCA licensure of community management entities with a $4,000 penalty per unlicensed contract. Companion bills A1946 and S4157 would mandate three hours of board-member training.
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New Jersey bills would stop HOAs charging a transfer fee for a living trust
A2832 and S791 would provide that placing a unit, or co-op shares and a proprietary lease, into a living revocable trust is not a title transfer for association fee purposes — leaving only actual administrative costs recoverable.
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New Jersey court reads a fence covenant against the HOA
In Estates at Layton's Lakes Homeowners Association v. Watson the Appellate Division held a fence-specific covenant silent on setbacks controlled over a general 30-foot accessory-structure setback, and reaffirmed strict construction in the owner's favour.
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HUD stopped enforcing ESA accommodations. New Jersey's law did not change
A May 22, 2026 HUD memorandum narrows federal enforcement to animals individually trained to perform disability-related tasks. The New Jersey Law Against Discrimination is unaffected and is enforced by a different agency.
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New Jersey's housing agency dropped a rule capping HOA fees on affordable units
HMFA proposed tying condominium and HOA fees on affordable units to the common-interest percentage and barring increases that would make a unit unaffordable. After heavy comment, it declined to adopt the provision.
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A Mays Landing condo fee went from $350 to $624.77, and Trenton noticed
NJ.com reported in May 2026 that owners at The Village at Hardings Run faced a 78 percent monthly fee increase blamed on New Jersey's reserve statutes. Two relief bills followed within a month.
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New Jersey's new housing council does not mention condos or HOAs
Executive Order No. 17 created a Housing Governing Council with initial recommendations due around September 24, 2026. The order says nothing about condominiums, associations, covenants or ADUs, and its recommendations are OPRA-exempt.
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A New Jersey condo association got a zoning ordinance invalidated over a newspaper notice
The Appellate Division invalidated Guttenberg's R-5 ordinance because the published notice carried no summary of its main provisions, and voided the site plan approval a developer had obtained under it.
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New Jersey association boards no longer file beneficial ownership reports
A FinCEN final rule effective August 14, 2026 permanently removes US entities from Corporate Transparency Act reporting, ending the obligation New Jersey HOA and condo boards had been told to prepare for.
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Fannie Mae bans the reserve method New Jersey law permits
From January 4, 2027 Fannie Mae requires 15 percent reserve funding or a reserve study funded at its highest recommended level — while New Jersey law lets associations fund at 85 percent of plan and lets balances reach zero.
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New Jersey tightened EV make-ready parking math for condo and co-op buildings
P.L.2026, c.51 requires every fractional EV parking calculation to round up to the next full space and caps the two-for-one parking credit at a 10 percent reduction in required parking.
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New Jersey fines drivers for blocking EV charging spaces — private lots unresolved
P.L.2025, c.155 makes it a parking violation to occupy a marked EV charging space with a non-electric vehicle or an electric one that is not actively charging. Whether it reaches an association's private lot is not settled by the text.
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New Jersey's e-bike law creates real work for community associations
P.L.2025, c.285 reclassified e-bikes and added age, licensing, registration and insurance requirements, with a six-month grace period and an insurance section that takes effect January 1, 2027.
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New Jersey's new disparate-impact rules reach association screening policies
The Division on Civil Rights adopted rules at N.J.A.C. 13:16 requiring that neutral policies causing disproportionate harm serve a legitimate purpose with no less discriminatory alternative. Associations are housing providers under the LAD.
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New Jersey's DCA says it does not oversee association reserve compliance
In its own guidance the Department of Community Affairs states it has no statutory jurisdiction over owner-controlled association reserve decisions and that owners disputing them must bring civil litigation.
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New Jersey court upholds one-space-per-unit parking and clarifies mandatory ADR
In Dands v. Madrid Condominium Association the Appellate Division affirmed summary judgment on a demand for a second parking space and rejected an ADR-denial claim, holding the owner had refused ADR himself.
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New Jersey will require sellers to disclose a dam — including HOA-owned ones
P.L.2026, c.69 adds a Disclosure of Dam Ownership section to New Jersey's property condition disclosure statement. It applies 90 days after Consumer Affairs publishes the revised form — a date that does not yet exist.
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New Jersey is still reintroducing HOA COVID immunity bills in 2026
Four bills granting planned real estate development associations immunity from COVID-19 claims were reintroduced in January 2026 — including one that would extend immunity only through December 31, 2022.
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A Point Pleasant Beach petition against the reserve law has 2,467 signatures
A homeowner petition started in September 2024 asks the Legislature to revise the definition, process and timing of New Jersey's condominium reserve requirements while keeping the safety protections.
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New Jersey court backs condo collection fees but vacates an interest-rate bump
In Haffert v. Bell Tower Condominium Association the Appellate Division affirmed $55,830 in counsel fees under N.J.S.A. 46:8B-21(a) and vacated the trial court's increase of a confirmed arbitration award's interest rate from 10 to 12 percent.
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New Jersey HOA members can claim severance damages when a shared beach is condemned
In State (DEP) v. 2.150 Acres of Land the Appellate Division held individual homeowners with non-exclusive easements over an association-owned beach lot retain a beneficial ownership interest and may pursue severance damages before a jury.
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New Jersey's Balcony Solar Act voids HOA bans on plug-in solar panels
P.L.2026, c.82, signed September 1, 2026, bars homeowners associations, condominium associations and co-ops from enforcing any governing-document provision prohibiting portable solar devices. It takes effect March 1, 2027.
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Two New Jersey rulings close off common defenses to assessment judgments
Cedar Crossing v. Clark and 511 Willow Avenue v. Kiely rejected arguments that a non-functioning board deprives collection counsel of authority, that privity is lacking, and that a setoff or a 19-month delay excuses a default judgment.
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New Jersey court: a chicken could be a support animal, but six were not proven
In Amherst Farms Homeowners Association v. D.M. and L.S., the Appellate Division affirmed removal of six backyard chickens kept as emotional support animals because the owners' medical letters were net opinions.
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Two New Jersey bills on 55-plus resales point in opposite directions
A3466 would require age-restricted associations to let owners sell to buyers of any age. S1843 would lock resales to households that keep the community federally qualified. Both are pending in the same Legislature.
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New Jersey's lead ADU bill dropped its HOA covenant-voiding clause
S1786 originally declared association covenants restricting accessory dwelling units void and unenforceable. A Senate committee amended that out on June 1, 2026 and replaced it with seven categories associations may still regulate.
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New Jersey bill would give DCA subpoena power over community associations
A4212 would let the Department of Community Affairs hear complaints, impose sanctions, issue subpoenas and remove board members, and would create an ombudsman, an advisory council and a trust fund — for communities over 100 units.
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A New Jersey bill would revisit an HOA task force report from 1998
A4210 would create a 13-member Common Interest Community Task Force. Its own statement says the 1998 Assembly task force's recommendations remain “generally unfulfilled” twenty-eight years later.
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New Jersey bill would cap HOA dues increases at 10 percent, with personal liability
A3314 would bar association boards from raising dues more than 10 percent in a 12-month period, make directors jointly and severally liable, and add a $1,000 penalty per violation payable to the homeowner who sues.
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New Jersey bill would limit condo inspections to buildings three stories or taller
A318 and S146 would narrow the 2023 structural-integrity law to buildings of three stories or more and double the reserve catch-up window from ten years to twenty. Neither has moved since January.
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New Jersey bill would cap board terms at two years and run elections independently
A1138 would require association elections at two-year intervals run by an independent committee, cap board terms and board size, extend PREDFDA election rules to associations under 50 units, and mandate anonymous voting.
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New Jersey bills would let associations stretch reserve funding to 35 years
A5306 and S4508 would add a 35-year capital reserve funding plan option and restart the clock on the 85% funding allowance. Both were introduced in late June 2026 after a wave of Atlantic County fee complaints.
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New Jersey adopted the 2024 model codes — what associations pull permits under now
Effective August 17, 2026, New Jersey's Uniform Construction Code adopts the 2024 I-Codes and the 2023 NEC. A separate October 2025 adoption changed townhouse fire-sprinkler requirements.
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Your town must allow an ADU. Your covenant need not.
RSA 674:72 requires municipalities to permit accessory dwelling units and bars separate condominium conveyance of one, but it binds towns rather than associations — and the 2026 session declined to resolve what happens when a covenant says no.
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FinCEN permanently exempts US entities — your board has nothing to file
A FinCEN final rule effective August 14, 2026 permanently removes beneficial-ownership reporting for entities created in the United States, ending the Corporate Transparency Act question for New Hampshire association boards.
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When your condominium was created decides whether it can replace its septic
New Hampshire readopted its subdivision and septic rules effective February 1, 2026, keeping carve-outs that turn a condominium's eligibility for septic approval on whether it was created before 1971, between 1971 and 1989, or later.
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Two condo bills, and the House voted on neither
HB 1343 and HB 1432 were the only condominium-specific bills of the 2026 session, both came out of committee on 9-8 splits with Ought-to-Pass minority reports, and both evaporated when the House adjourned on March 12 with 74 bills unvoted.
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Thirty-eight homeowners now own Albany Acres — and its failing septics
Residents of a Carroll County manufactured home community bought their park in June 2026 with New Hampshire Community Loan Fund financing, and expect lot rent to rise from $455 to about $600 to fund deferred capital work.
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The stormwater rules moved three times in a year — and one version is not published
New Hampshire's Alteration of Terrain chapter was amended by interim rule in August 2025, fully readopted in January 2026 and amended again in August 2026, and the August filing had not been certified online when we checked.
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The ROAD to Housing Act is law, not pending — the rulemaking is what is left
H.R. 6644 passed the Senate 85-5 and the House 358-32 in June 2026 and became law without the President's signature on July 11, but its operative terms will be settled in HUD and CFPB rulemaking that has not started.
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The condominium registration exemption is now 25 units, by statute
Chapter 245, effective July 2, 2026, raised RSA 356-B:49's registration exemption to 25 units — the number the Attorney General's own rule has used since 2019 — and abbreviated registrations were repealed.
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The private-road cost-sharing default died 13-0
HB 1057 would have supplied default maintenance cost-sharing, 30-day notice and a fee-shifting enforcement route for private roads where no active homeowners association exists — the House killed it on February 5, 2026.
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The NFIP deadline moved to December 11 — FEMA's own page still says September 30
A continuing resolution reauthorized the National Flood Insurance Program through December 11, 2026, the 36th short-term extension since 2017, while FEMA's reauthorization page continues to show the superseded September 30 date.
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Rochester revalued, and condominium assessments rose 94 percent
A Rochester revaluation produced average increases of 208 percent for manufactured homes and 94 percent for condominiums against 73 percent for single-family houses, on private streets the city does not plow.
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Condo reserves must reach 15 percent on January 4
Fannie Mae and Freddie Mac raise the minimum replacement-reserve allocation from 10 to 15 percent of budgeted assessment income on January 4, 2027, with a reserve-study exception — and New Hampshire has no state reserve requirement underneath it.
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Plug-in solar was legalised with no word about condominium boards
SB 540, Chapter 262, deregulates portable solar devices up to 1,200 watts AC per meter from January 1, 2027 — and says nothing about covenants, associations or limited common area, where most of these panels would go.
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FCC: an architectural-approval clause is itself an OTARD violation
A November 2025 FCC declaratory ruling and citation held that requiring prior committee approval for an antenna violates the OTARD rule on its own, and that filing a petition freezes an association's fines immediately.
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One kind of New Hampshire community has a financial regulator — and it isn't yours
The Insurance Department readopted its continuing care community rules effective June 27, 2026, supervising the finances of a residential community operator — a form of oversight no New Hampshire condominium or homeowners association is subject to.
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One manufactured-housing board rebuilt every rule it has; the other has filed none since 2013
New Hampshire's Installation Standards Board adopted six new rule chapters between January 2025 and January 2026, while the Board of Manufactured Housing — the state's only tribunal for a community-living dispute — has not filed a rule in thirteen years.
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Not one Condominium Act case in two years of Supreme Court opinions
Across all 88 New Hampshire Supreme Court opinions issued between January 2025 and September 2026, none construes RSA 356-B — and none addresses assessment liens, fines, board fiduciary duty or assistance animals either.
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Nobody in New Hampshire licenses your community association manager
New Hampshire has no community-association-manager credential and created none in 2025 or 2026 — but a manager who collects rents, rather than assessments, can land inside broker licensing.
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No New Hampshire agency hears an HOA dispute — and none was created
The Attorney General's condominium authority stops at the developer's offering stage, New Hampshire has no planned-community statute at all, and nothing adopted in 2025 or 2026 changed either fact.
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No 2026 bill on rentals, EV charging, flags, liens or managers
An exhaustive sweep of all 1,386 bill titles in New Hampshire's 2026 session found no measure at all on short-term rentals in associations, EV charging rights, owner flag or sign displays, reserve studies, property-manager licensing, assessment liens or association foreclosure.
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Nine housing bills died, and one passed both chambers before vanishing
New Hampshire's 2025 and 2026 sessions killed an ADU repeal, an ADU rewrite, a voucher set-aside, two manufactured-housing mandates and more — and HB 685 passed the House and Senate before its conference committee never filed a report.
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NHDES: small water systems run by associations will be hit hardest by PFAS limits
New Hampshire has drafted PFAS drinking-water rules and is deliberately holding them unfinalized while federal standards settle — and the state's own water official says homeowner-association systems are the exposed class.
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New Hampshire is approving lots on roads nobody will ever plow
Two 2025 amendments to RSA 674:41 made it easier to build on private and Class VI roads — the Class VI route now requires only a recorded waiver acknowledging the town will never maintain the road or be liable for losses.
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New Hampshire still has not adopted UCIOA, and nothing proposes that it should
The Uniform Common Interest Ownership Act has never been enacted in New Hampshire, no 2027 bill request references it, and a widely circulating article describing a UCIOA-modeled New Hampshire overhaul is from 2015.
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Manchester rewrote its zoning for the first time since 2001
The Manchester Land Use Code, approved 11-2-1 on December 16, 2025 and effective March 1, 2026, consolidates zoning, subdivision and site plan regulations into one document — the city's fourth zoning ordinance since 1927.
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Reported: lot rent nearly doubled at a Hopkinton park, and the AG is investigating
The Attorney General's Consumer Protection Bureau opened an investigation after residents of the Meadows of Hopkinton said a new out-of-state owner raised incoming-buyer lot rent from $680 to $1,285 and collapsed the resale market.
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Limited Review is gone for New Hampshire condo loans
Since August 3, 2026 established condominium projects can no longer be financed through Limited Review, sending roughly 40 percent of project reviews into Full Review — where reserves, insurance and litigation all get examined.
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HUD would strip its disparate-impact rules — comments close October 9
A supplemental proposed rule published August 10, 2026 continues HUD's effort to remove the regulations that let facially neutral housing rules be challenged without proof of intent, and the reopened comment period is still open.
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HUD narrows assistance-animal enforcement to trained animals only
A May 22, 2026 HUD memorandum tells fair-housing investigators to find cause only where an animal is individually trained — but it binds HUD staff, not New Hampshire boards, and expressly leaves private lawsuits untouched.
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New Hampshire HOAs get statutory records duties on January 1
Chapter 306, signed July 10, 2026, adds three new paragraphs to RSA 292:8-m requiring homeowners associations to keep eleven categories of records, produce them on 15 days' notice, cap copying fees, limit executive session and force recusal on conflicts.
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HB 383 is not New Hampshire law and never was
A bill that would have made recorded condominium rules part of the condominium instruments and set a 51 percent threshold to amend a declaration was killed by voice vote on March 6, 2025 — but it keeps appearing on guide pages as enacted law.
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Four Lake Sunapee towns now make you pump the septic on a clock
New London's ordinance took effect January 1, 2026 requiring every septic system to be pumped and inspected at least every three years, and Newbury became the fourth Lake Sunapee watershed town to adopt one.
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Every 2026 bill you were tracking is dead, including the ones sent to study
The 169th General Court ended on August 19, 2026 and 2027 opens a new biennium, so nothing carries over — a bill referred to interim study in March is as dead as one killed outright.
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Conway must reassess by 2027, and the tax board is still watching
The Board of Tax and Land Appeals found commercial properties assessed at a median ratio of 0.77 against 0.99 for revaluation sales, ordered a full measure and list and a reassessment no later than tax year 2027, and retained jurisdiction until it is done.
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Condominium registration fees have not moved since 2019
New Hampshire's condominium registration rules, fees and forms are unchanged since October 2019 — $30 per unit within a $300 to $2,000 band, $200 for an exemption — and the Attorney General filed no rules at all in 2025 or 2026.
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In New Hampshire, abstaining counts as a vote for the budget
RSA 356-B:40-c lets a board's proposed budget and special assessments take effect unless two-thirds of ALL unit owners reject them — not two-thirds of those voting — and the section has not been amended since 2018.
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A Senate committee demanded six years of records from a New Hampshire park owner
Sen. Maggie Hassan's July 29, 2026 Joint Economic Committee letter to Sado Capital seeks ownership structures, rent-setting policies, resident complaints and settlement agreements going back to January 2020.
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A seasonal park still owes eighteen months' notice
In Dobens v. Fagnant the New Hampshire Supreme Court held that RSA 205-A's 18-month change-of-use notice applies to seasonal manufactured housing parks, that a home left on the lot keeps its owner a tenant year-round, and that Consumer Protection Act remedies follow a violation.
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A road you drew on a plan in 1987 is not yours to redesign in 2019
In Taylor Community v. City of Laconia the Supreme Court held that a developer who showed a road on a subdivision plan, told the planning board it would be deeded to the city, and sold lots off that plan could not later reconfigure it — even though title never transferred.
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A rent increase after a sale is not fraud, a Belknap judge held
Belmont residents who said a buyer's assurances discouraged them from exercising their purchase rights lost on August 4, 2026 — the court found no material misrepresentation, and the ruling turned on ordinary fraud elements, not the opportunity-to-purchase statute.
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A quiet title action without the claimant quiets nothing
In a non-precedential August 2026 order the New Hampshire Supreme Court affirmed that neighbors who obtained a quiet-title judgment without naming a known easement claimant did not extinguish her rights — and upheld a narrowed attorney's fee award against them.
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A New Hampshire rule with no expiration date may still expire
The Division of Administrative Rules began printing expiration dates on source notes only for rules certified after April 28, 2025, and said it will not go back and add them to older rules.
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New net metering rules: get a host number before you share solar credits
New Hampshire's Department of Energy adopted En 900 effective April 27, 2026, and it bars any customer-generator from acting as a group net metering host until the department issues a registration number.
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A common scheme gets you the road, not the beach
In Martin v. Far Echo Harbor Club the New Hampshire Supreme Court held that a deed referencing a subdivision plan implies an easement in the roads shown on it — but that a common scheme of development creates no right to use an association's amenities.
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A commission may question zoning itself, and its report is due November 1
RSA 674:23-a created a nine-member commission to study the historical evolution of New Hampshire's zoning enabling act and identify legislative alternatives — and the statute repeals the commission the day its final report is due.
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A bill would let HUD insure the loan that pays your special assessment
H.R. 9569, introduced June 30, 2026 and referred to House Financial Services, would authorize FHA insurance for condominium association repair loans and for unit-owner loans taken out to pay special assessments.
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A bill to let towns enforce your covenants went to study and died
SB 175 would have authorized New Hampshire municipalities to enforce private covenants — including those enacted by homeowners associations — and barred towns from requiring covenants as a condition of land use approval.
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A $50,000 deductible cap now meets New Hampshire master policies
Since July 1, 2026 a condominium master property policy with a per-unit deductible above $50,000 makes the project ineligible for Fannie Mae financing, and the inflation-guard requirement is gone.
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$293 million has bought twenty New Hampshire communities since 2016
Out-of-state investors have acquired 20 New Hampshire manufactured home communities holding more than 3,800 homes, while manufactured home sale prices rose 301 percent over the decade — against 128 percent for condominiums.
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Nevada insurance regulator asks for flexibility after the Hawk Fire
Bulletin 26-003, issued August 26, 2026 after wildfires burned more than 150,000 acres in northern Nevada, asks insurers to relax premium timing and loss-of-use rules and flags burn-scar flooding.
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Southern Nevada HOAs have until January 2027 to remove useless grass
From January 1, 2027, Colorado River water delivered by the Southern Nevada Water Authority may not irrigate nonfunctional turf on property not zoned exclusively for single-family residence — which puts HOA streetscapes squarely inside the mandate.
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Three HOA bill drafts are already on file for Nevada's 2027 session
Senators Neal and Ohrenschall and Assemblymember Nadeem have each requested a bill draft on homeowners' associations or common-interest communities for the 84th Session. No text is public.
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Nevada would more than triple training for temporary HOA managers
R091-25 would raise the instruction required to convert a temporary community-manager certificate to a full one from 18 hours to 60, and would write remote teaching into the administrative code for the first time.
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Nevada condo buyers can now claim the 3 percent tax cap at closing
AB 377 requires the Nevada Tax Commission to add a section to the declaration of value where a property owner may claim the partial tax abatement — so a buyer no longer has to discover the form separately.
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Nevada's HOA task force has met four times and voted on nothing
Reconstituted in November 2025 to recommend legislation to the Governor, the state's common-interest communities task force has held meetings in December, February, April and July — and taken no action on its central proposal.
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Nevada downgraded a supervising HOA manager over check signatures
An April 2026 Commission order found that a supervising community manager repeatedly allowed association operating-account checks to be signed by a management-company employee who was neither a board member nor an officer.
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Short-term renters beat Clark County but not their HOA
A December 2025 preliminary injunction bars Clark County from requiring short-term rental licenses, issuing daily fines or recording liens. It runs against the county's permit scheme, not against a recorded covenant.
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Nevada caps HOA solar aesthetics at 3 percent of the install price
NRS 116.334 lets a Nevada owner refuse any solar rule whose compliance cost exceeds 3 percent of the cash cost of installation, proved by an independent estimate, and measures panel relocation against the federal PVWatts calculator.
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Nevada HOAs without solar rules must approve in 15 days
NRS 116.333, in force since October 1, 2025, gives an association 35 days to decide a solar request if it has adopted rules — and if it has not, 15 days to approve, with no power to deny or add conditions.
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Nevada's vetoed HOA bill would have given owners 36 months to landscape
SB 121 would have barred landscaping deadlines sooner than 36 months after escrow, limited late fees and credit reporting, restricted oil-stain enforcement and required notice when a management contract ends. It was vetoed on June 5, 2025.
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Nevada's draft $10,000 HOA fine cap was deleted before adoption
The Real Estate Division's own November 2025 draft capped uncapped HOA fines at $10,000 and required a court order above it. Both provisions are absent from the text adopted on September 9, 2026.
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Nevada would delete baseline funding from HOA reserve studies
R091-25 would strike baseline funding from the permitted reserve objectives, redefine adequately funded reserves so the projected balance may never reach zero, and restart the five-year study clock on adoption rather than inspection.
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Nevada would raise its HOA mediation subsidy to $600
R091-25 would lift the Division's mediation subsidy from $500 to $600 per proceeding, require an intervention affidavit to name the law allegedly breached, create a remedial-measures off-ramp, and give any person a route to petition for rulemaking.
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Nevada would make departing HOA managers sign a records inventory
R091-25 would require a community manager leaving an account to hand over records in any format, list by name the records that do not exist or cannot be found, and certify that list in writing.
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Nevada commission adopts the HOA fine rule it owed since 2021
R091-25 would finally define the “imminent threat to health, safety or welfare” that lifts Nevada's $100 fine cap. The Commission adopted it on September 9, 2026; no adopted text has been filed.
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A $9,000 Nevada HOA fine was not enough to get into court
In Piazza v. Spring Mountain Ranch Master Association, the Nevada Court of Appeals held that NRS 116.4117 requires actual, non-speculative damages even where a homeowner asks only for a declaration that she did not violate the CC&Rs.
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Nevada protects HOA solar but still has no EV charging right
SB 152 would have let owners install electric-vehicle charging in exclusive-use and common areas without an association vote. It died in the 2025 session, leaving Nevada with a detailed solar statute and nothing for chargers.
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Nevada's HOA mediation requirement is not jurisdictional
Kosor v. Southern Highlands holds that NRS 38.310's pre-suit ADR requirement is a claim-processing rule that must be raised in time — and cannot be used three years later to void a judgment.
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Nevada signed one HOA bill and vetoed another on the same day
On June 5, 2025 Governor Lombardo approved SB 201, protecting religious and cultural displays in common-interest communities, and vetoed AB 185, which would have barred HOAs from prohibiting licensed child care.
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Condo reserve minimum rises to 15 percent in January 2027
Fannie Mae and Freddie Mac are raising the minimum reserve contribution for project eligibility from 10 to 15 percent of the annual budget, with an exemption that requires a study updated within three years and funding above baseline.
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Nevada's new easement law expressly excludes HOA declarations
AB 192 enacted the Uniform Easement Relocation Act, giving burdened owners a judicial route to move an easement over the holder's objection — and carved out easements created by a declaration under NRS chapter 116.
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Nevada's HOA commission can now fine $5,000 per violation
AB 396 raised the Commission's administrative fine from $1,000 to $5,000 per violation effective July 1, 2026 — while NRS 116.785 continues to shift that liability from an unknowing board member onto the association itself.
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Nineteen dollars decided a Nevada HOA foreclosure appeal
In Deutsche Bank v. Collegium Fund, the Nevada Supreme Court held that a homeowner's pre-sale payments satisfied the foreclosing HOA's superpriority lien as a matter of law, and that a second HOA's lien did not also have to be paid.
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An arbitration clause in the CC&Rs took 50 Nevada homeowners out of court
A Clark County judge compelled arbitration in the Lake Las Vegas construction-defect case in May 2026, enforcing clauses in both the purchase agreements and the community's recorded declaration.
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Nevada's ADU deadline for its biggest cities has passed
AB 396 required Clark and Washoe counties and Nevada's largest cities to adopt accessory dwelling unit ordinances by July 1, 2026 — and provided that if they did not, ADUs are authorized on any residentially zoned parcel without restriction.
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Nevada is re-bidding its entire HOA dispute-resolution bench
The Real Estate Division has two open solicitations for the mediator panel and the referee/arbitrator panel that hear Nevada common-interest community disputes under NRS 38, both released in October 2025 with open submission deadlines.
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Nevada voided HOA rules restricting summer construction hours
AB 478 struck the population threshold from NRS 116.347, extending the April–September construction-hours rule statewide, and declared void any governing-document provision more restrictive than the act.
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Nevada condo terminations now need 80% of non-declarant votes
AB 396 rewrote NRS 116.2118 so that terminating a common-interest community requires 80 percent of all votes AND 80 percent of the votes allocated to units the declarant does not own — a floor no declaration can raise away.
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Nevada resale packages must now prove the association's insurance
Since July 1, 2026, NRS 116.4109(1)(g) requires a resale package to include proof of the insurance policies an association must carry under NRS 116.3113 — arriving a year after the Legislature let master wildfire coverage stop at the common elements.
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Nevada boards can now cap rentals by rule, not by vote
Since July 1, 2026, NRS 116.335 lets an association adopt rules restricting or prohibiting leasing where the restriction is reasonably related to lender or insurer underwriting requirements — and the old owner protections in that section are gone.
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Nevada's grandfather clause no longer protects existing owners from lease limits
AB 396 added NRS 116.2117(9) and opened subsection 6 with “Except as otherwise provided in subsection 9” — so a lender- or insurer-justified leasing amendment can now be enforced against owners who bought before it was recorded.
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Nevada let HOA master policies stop covering units for wildfire
AB 376 added NRS 116.3113(3), effective July 1, 2025, disapplying the walls-in requirement for wildfire where the association's policy coordinates with or subrogates owners' individual policies.
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Nevada doubled its arbitration threshold, but not for HOA disputes
AB 3 raised court-annexed arbitration to $100,000 for civil actions filed on or after January 1, 2026. It does not touch NRS 38.300 to 38.360, the separate mandatory program that handles most association disputes.
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Nevada HOAs now fight for tax-sale surplus in court, not a hearing
AB 133 removed the county treasurer's hearing as a way to resolve contested claims to excess proceeds from a tax sale, requiring an interpleader action in district court after unsuccessful mediation.
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A Nevada county can now fix your HOA's water system and bill you for 20 years
AB 10 made repair of a common-interest community's water or sewer system a neighborhood improvement project — and switched off the dissolution right, the remonstrance protection and the annual assessment-roll notice that apply to every other kind.
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Whitefish is using scenic resources to blunt a state 60-foot height allowance
After adopting Vision Whitefish 2045 in April 2026 and new zoning in May, Whitefish delayed its 60-foot allowance to October 1, 2026 and its planning commission moved in August to designate view corridors as scenic resources.
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“Should take into consideration views” is binding — and a $417,000 HOA fee award fell
In Waddell v. Studer, 2025 MT 269, the Montana Supreme Court held a permissive-sounding architectural covenant requires genuine good-faith consideration of neighbouring impacts, reversed summary judgment, and vacated $417,608 in attorney fees.
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Montana's UCIOA draft would sweep in existing associations unless they opt out by 2028
The February 2026 committee draft would apply to every Montana common interest community from October 1, 2028 unless more than 50 percent of an association's votes amend the declaration and record the opt-out first.
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Montana panel would replace the 1965 condo act — vote set for September 17
A legislative committee draft would put every Montana association under a new Uniform Common Interest Ownership Act; the Local Government Interim Committee takes executive action on it September 17, 2026.
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Twin Montana bills to stop covenants binding earlier buyers both died
House Bill 761 and Senate Bill 431 carried word-for-word identical text barring enforcement of more onerous covenants against owners who bought earlier; the Senate version was withdrawn the day after its hearing and the House version died at transmittal.
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Montana's new trust-account rule governs the money your manager holds
The Board of Realty Regulation replaced its trust-account rule effective February 21, 2026: funds held for others must sit in an insured Montana institution, be reconciled monthly, never be swept or invested, and be deposited within three business days.
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Waiver and laches failed against clear Montana covenants — and the enforcer got fees
In Sloway Cabin v. Extreme, 2025 MT 161, the Montana Supreme Court affirmed an injunction removing a towing and diesel-repair operation from a small subdivision, rejecting illusory-covenant, waiver and laches defences.
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Montana counties must now allow ADUs by right — and private covenants still apply
Senate Bill 532, Chapter 619 of the 2025 Laws, created section 76-2-215 requiring county zoning to allow one accessory dwelling unit by right, while expressly preserving restrictive covenants on ADUs entered into between private parties.
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Montana owner voting-rights bill passed the Senate, then died in House committee
Senate Bill 400 would have guaranteed Montana owners a vote on covenants, dues increases and association litigation, and the right to run for the board; it cleared the Senate and was tabled in House committee.
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Montana zoning must treat manufactured homes like any other house — covenants excepted
Senate Bill 252, Chapter 376 of the 2025 Laws, requires city and county zoning to treat manufactured and factory-built housing the same as other residential property, while expressly preserving existing covenants and the power to write new ones.
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Montana exempted HOA-owned EV chargers from its charging-station tax and meter rules
Senate Bill 228, Chapter 216 of the 2025 Laws, rewrote the definition of “charging station” to exclude equipment owned by an association of real property owners, removing the 3-cent-per-kilowatt-hour tax, the dedicated meter and the registration duty as of July 1, 2025.
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Montana tightened emotional support animal documentation — for landlords, not HOAs
Senate Bill 149, Chapter 360 of the 2025 Laws, requires supporting information for an emotional support animal to come from a practitioner with personal knowledge and to carry a license number, and says a purchased registration is not sufficient by itself.
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Montana cut the construction repose period to six years and the covenant clock to six
Senate Bill 143, Chapter 174 of the 2025 Laws, shortened the written-instrument limitation period from eight years to six and the construction statute of repose from ten years to six, effective October 1, 2025.
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Montana has no standalone construction defect claim, its high court confirms
In Grosvold v. Neely, 2025 MT 99, the Montana Supreme Court held the residential construction defect statutes created a pre-litigation dispute resolution procedure, not an independent cause of action.
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No HOA bill among Montana's 331 requested 2027 drafts — but two say “architectural review”
The Legislature's published 2027 bill draft request list contains no homeowners association, covenant or condominium entry; the closest are two requests to revise architectural review laws, and committee bills would not appear on the list at all.
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Montana mobile home tenant unions won recognition and a 3 percent rent cap
Residents of two Missoula-area mobile home parks won formal recognition, two-year lease options and a reported 3 percent cap on future rent increases — concessions that come from a lease, because Montana has no rent-cap statute.
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Missoula now allows two units on every parcel — and says covenants still govern
Missoula's Unified Development Code, adopted unanimously on February 2, 2026, permits a minimum of two units per parcel citywide and eliminates residential parking minimums, while the city states that private covenants add requirements it neither keeps nor enforces.
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Montana's high court erased the ruling that covenants beat the 2023 housing laws
In Montanans Against Irresponsible Densification v. State, 2026 MT 53, the Montana Supreme Court upheld the 2023 duplex and ADU statutes and vacated, as an advisory opinion, the district court declaration that they cannot displace stricter private covenants.
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Montana lien costs rose on October 1: recording fees up 2.5x, foreclosure fee up 5x
House Bill 192 raised county recording from $8 a page to $20 for the first page plus $10 per additional page, and Senate Bill 103 raised the fee for issuing an execution or order of sale on a lien foreclosure from $5 to $25, both effective October 1, 2025.
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A motocross course is not a “residential” use, Montana Supreme Court holds
In Larsen v. Sayers, 2025 MT 24, the Montana Supreme Court reversed a bench-trial loss and held a freestyle motocross course breaches a residential-and-agricultural-purposes covenant, remanding to award the enforcing neighbours their fees.
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HUD rescinded the 2020 assistance-animal guidance boards have used for six years
A May 22, 2026 HUD memorandum permanently rescinds FHEO-2020-01 and directs enforcement staff to use the ADA's training-based service-animal definition — but it binds HUD staff, not housing providers, and leaves Montana law untouched.
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Montana's homestead rate leaves second homes and entity-owned units at 1.9 percent
House Bill 231 and Senate Bill 542 created a tiered homestead property tax rate starting at 0.76 percent for enrolled primary residences, while second homes, short-term rentals and property owned by an entity pay a flat 1.9 percent.
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Montana's property insurance study report is due September 15
House Joint Resolution 61 ordered an interim study of Montana's property insurance market, and its legislative findings — second-highest catastrophic wildfire risk in the nation, 44.3 percent cumulative rate increases — are the record a 2027 bill would build on.
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Montana studied property-manager licensing — and community managers were not on the list
House Joint Resolution 55 sent property management licensing to interim study; the committee briefing describes a licence built entirely around landlord-tenant duties, with community association management absent from it.
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Montana insurers must now disclose a property's wildfire risk score on request
House Bill 533, Chapter 485 of the 2025 Laws, requires an admitted insurer using a wildfire risk score to disclose the score, the model's range, who built it, when, and the key adverse factors — within 30 days of a request.
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Montana bill giving workforce-housing covenants statutory footing died in committee
House Bill 422 would have added income- and occupation-restricted affordability covenants to the list of covenants that run with the land under section 70-17-203; it was tabled ten days after its hearing and died.
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A Montana HOA now needs permission before its agent walks onto your property
House Bill 416, Chapter 452 of the 2025 Laws, created Mont. Code Ann. § 70-16-110, requiring an association to obtain an owner's permission, propose a convenient time and specify the area before an agent enters — effective October 1, 2025.
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Montana condo common-element percentages still need every owner's agreement
House Bill 362 would have let 75 percent of affected owners re-allocate undivided interests in condominium common elements; it was tabled, un-tabled and died, leaving the unanimity requirement in section 70-23-403 intact.
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Montana broadened who can sue to enforce a covenant, effective October 2025
House Bill 325, Chapter 258 of the 2025 Laws, gave any owner of a burdened or benefited interest express standing to enforce covenants, alongside the association itself, effective October 1, 2025.
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Montana bill requiring HOA budgets and capping dues rises died at the deadline
House Bill 232 would have made Montana associations mail annual budget and financial reports to every member and capped dues increases at 15 percent; it cleared second reading and then died at the general-bill transmittal deadline.
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Montana now defines covenant “enforcement action” as two years of consistent enforcement
House Bill 147, Chapter 423 of the 2025 Laws, added a statutory definition to section 70-17-210 requiring that a covenant be equally and consistently enforced on all subject properties over at least two years.
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FinCEN made the HOA exemption from beneficial ownership reporting permanent
A FinCEN final rule effective August 14, 2026 makes permanent the removal of beneficial ownership reporting for US entities, so a Montana HOA or condominium nonprofit corporation has no BOI filing obligation at all.
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Fannie and Freddie raise the condo reserve floor to 15 percent for 2027
Lender Letter LL-2026-03 and Freddie Mac Bulletin 2026-C, both issued March 18, 2026, raise the minimum reserve allocation from 10 to 15 percent of annual budgeted assessment income for loan applications dated on or after January 4, 2027, and retire the Limited Review pathway.
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Montana subdivision wells now need a Notice of Intent and a $400 fee
New DNRC water-right rules add a Notice of Intent to Appropriate Groundwater, Form 602I, with a $400 filing fee — changing the exempt-well path that Montana subdivisions and associations outside municipal service rely on.
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Montana's insurance regulator will investigate blanket wildfire coverage refusals
A July 2025 advisory memorandum from Montana's Commissioner of Securities and Insurance tells all licensed property and casualty insurers that wildfire-based refusals must be case-by-case, citing section 33-18-210(7) on unfair discrimination by geographic location.
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Montana has no shared solar for associations — the veto was not overridden
Senate Bill 188 would have created a shared and community solar framework in Montana; it was vetoed on June 9, 2025 and the override failed on July 14, 2025, so an association cannot host or subscribe to a shared solar facility under a state program.
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Montana covenants expired because 62.5 percent is not two-thirds
In Charlie's Win, LLC v. Gallatin West Ranch Homeowners' Association, 2025 MT 47, the Montana Supreme Court held a 25-year covenant term lapsed in 2017 because the renewal vote counted only owners who voted, not all owners.
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Montana covenants with no short-term-rental clause still barred an Airbnb
In Brandt v. R&R Mountain Escapes, LLC, 2025 MT 155, the Montana Supreme Court read a 1990 declaration as a whole and held it unambiguously prohibits short-term rentals, and that a county permit does not cure a covenant violation.
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A Montana HOA's service acknowledgment saved it from a default judgment
In Bradley v. Yellowstone Trails Ranch Owners' Association, 2026 MT 112, the Montana Supreme Court held that an acknowledgment entering a voluntary appearance triggered Rule 55(b)(2)'s seven-day notice requirement, making the default judgment voidable.
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Bozeman's new code stranded existing short-term rentals in its new RA district
Ordinance 2151 replaced Bozeman's entire development code effective February 1, 2026, consolidating RS, R-1 and R-2 into a new RA district where only Type 1 short-term rentals are allowed; a text amendment to fix it was still in progress.
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Boyne settlement sends $6.2 million to three Big Sky condo-hotel HOAs
A class action over mandatory rental-management at Big Sky condo hotels settled for roughly $25 million, including $6.2 million routed to the Shoshone, Summit and Village Center associations in two installments and the removal of the exclusivity requirement.
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Billings now requires a mandatory-membership HOA with lien authority to own open space
The 2026 Billings subdivision regulations, adopted by Ordinance 26-5931 on May 26, 2026, require compulsory HOA membership and lien authority for association-owned open space, and let the city assess step-in maintenance costs as a lien on every lot.
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Montana waived the HOA annual report fee — the filing still dissolves you if missed
The Secretary of State has waived the annual report filing fee for Montana businesses for a fourth consecutive year, but the April 15 filing itself remains mandatory and failure to file by December 1 is grounds for involuntary dissolution.
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A 16% windpool increase lands on coastal condo owners as a dues increase
The Mississippi Windstorm Underwriting Association raised rates 16% effective January 1, 2026, tied to the rollback of state reinsurance subsidies. Because coastal condo master wind coverage runs through the windpool, the increase arrives as an association cost, not a personal premium.
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When a Mississippi county may spend public money fixing a private lake dam
An Attorney General opinion of May 11, 2026 sets out the conditions under Section 19-5-92.1: a minutes finding of public necessity, written notice to every affected owner, no written objection from any of them, and a county-funded culvert or bridge preserving access.
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What records a Mississippi HOA member can actually demand, and on what notice
Mississippi has no HOA records statute. Inspection rights come from the Nonprofit Corporation Act: five business days' notice for basic records, and a good-faith-and-proper-purpose showing for accounting records and the membership list.
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Three Mississippi fair housing bills expressly reached condo interests. All three died the same day
HB 89, SB 2421 and SB 2685 would each have created a Mississippi Fair Housing Act defining covered real property to include an interest in a real estate cooperative or condominium. All three died in committee on February 3, 2026.
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Mississippi's 2026 solar and EV bills are not about your covenants
SB 2527 on solar decommissioning was signed and takes effect July 1, 2026, and SB 2059 on EV charging died in committee. Neither creates any HOA solar-access or EV-charging right — both are utility and siting measures.
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Mississippi's HOA director standard has no duty of care in it
Section 79-11-267 requires a director to act on a good-faith belief that he is acting in the corporation's best interests — and omits the ordinarily-prudent-person clause found in the model act. The burden of proving a violation sits on the accuser.
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Mississippi's condominium law is optional, and the election can be revoked
Section 89-9-9 applies the Mississippi Condominium Law only to property whose owner recorded a plan and a certificate of consent — and that plan may be amended or revoked by a later recorded instrument signed by the owner and all security-interest holders.
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The list that can freeze every sale in your building is one your board cannot read
Fannie Mae does not publish the Condo Project Manager list of projects flagged Unavailable. It is visible only to lenders, there is no notice to the association, and the usual way a Mississippi board finds out is that a unit sale collapses.
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Mississippi's new home-hardening grants fund roofs. Condo roofs are common elements
SB 2409, the Strengthen Mississippi Homes Act, took effect July 1, 2026 with $10,000 FORTIFIED roof grants for single-family primary residences. No source we found addresses whether a condominium association — which owns its roof in common — can access it.
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Tupelo sober-living home loses on both the covenant and the Fair Housing Act
1st Step Sober Living v. Cleveland is final after certiorari was denied: a recovery residence in a covenanted subdivision was a commercial use, and the operator failed to prove its tenants were handicapped under the Fair Housing Act.
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Mississippi Supreme Court: a condo anti-waiver clause can itself be waived
In Sea Breeze Condominiums v. Lyons, handed down September 10, 2026, the Court held that an express anti-waiver provision does not defeat a unit owner's waiver and estoppel defences as a matter of law, and left open whether a condominium association is a quasi-governmental body at all.
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Mississippi SB 2644 would have capped HOA estoppel fees at $200. It died without a hearing
Senator Kevin Blackwell's estoppel-certificate bill would have been Mississippi's first HOA-specific statute, with a 10-business-day deadline and a $200 fee ceiling. Its entire action history is two lines: referred January 19, died in committee February 3, 2026.
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Mississippi's squatter-removal law is in force, and nobody knows where to file
The Real Property Owners Protection Act took effect July 1, 2025 as a new Title 89, Chapter 10. An Attorney General opinion in January 2026 declined to say whether a constable counts as the law enforcement agency an owner must file the affidavit with.
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Mississippi's answer to HOA assessments just got broader charging power
An Attorney General opinion of August 4, 2026 holds that a public improvement district may impose, collect and pledge user charges on businesses inside it, and may compute them by reference to taxable retail sales within the district.
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Mississippi appeals court: a one-member architectural committee is no committee
In Marnecheck v. Val's Property Development, the Court of Appeals held that an ACC reduced to a single member could not validly act, that the covenants' 30-day silence clause deemed the owners' plans approved, and reversed a $220,939 attorney-fee award and a demolition order.
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Nobody licenses the company that runs your Mississippi HOA
Mississippi has no community association manager licence, registration or certification. The Real Estate Commission licenses brokers and salespersons, and its brokerage definition reaches persons who manage real estate for a fee.
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No Fifth Circuit HOA ruling since 2025 began, and a 2019 case still sets the collection rule
A full-text sweep of Fifth Circuit and Mississippi federal district opinions since January 2025 turns up no decision on HOA debt collection, fair housing, state action or assessment liens in bankruptcy. Reyes v. Steeg Law, from 2019, is still the controlling FDCPA test.
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Flood insurance authority lapses September 30, and 188 Mississippi coastal condo master policies run through it
The National Flood Insurance Program's authorization expires at 11:59 p.m. on September 30, 2026. FEMA's own policy data shows 199 condominium master flood policies in force in Mississippi, 188 of them in Harrison, Jackson and Hancock counties.
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Named-storm coverage is now required for condo financing, and per-unit deductibles are capped at $50,000
Fannie Mae and Freddie Mac now require windstorm coverage to include named storms and cap master-policy per-unit deductibles at $50,000, effective for applications on or after July 1, 2026 — a direct hit on Mississippi Gulf Coast master policies.
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The free May 15 filing most Mississippi HOA boards have never heard of
A 2024 statute gave every Mississippi nonprofit corporation an annual report due May 15, at no cost, with administrative dissolution on the other side of it. Most HOAs are nonprofit corporations, and 2026 was only the second filing cycle.
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An association that holds the only policy may owe a duty to file the claim
Mortera v. Kona Villa Owners Association is now final: where a declaration makes the association the sole named insured and insurance trustee, whether it owes a fiduciary duty to pursue a unit owner's covered loss is a jury question, not a maintenance-clause question.
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Mississippi HOAs show up in the statehouse as grant applicants, not as regulated entities
Two 2026 appropriation bills would have sent Hinds County state money to buy security cameras for homeowners associations. Both died at the February 25 deadline, and they are the only bills in which Mississippi HOAs appeared as beneficiaries rather than subjects.
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The only 2026 bill to touch Mississippi's condominium law rode in on a hair-discrimination bill
HB 44 would have added natural hairstyle to the list of restrictions a condominium's covenants may not impose under Miss. Code Ann. Section 89-9-19. It was the only 2026 measure to reach the Condominium Law, and it died in committee on February 3.
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HB 1714 passed the House and died in the Senate, and it was not an HOA bill
The Make Mississippi Resilient and Strong Act, creating a Mississippi Windstorm Mitigation Association, cleared the House on February 5 and died in Senate committee on March 3, 2026. It was the only near-miss of the session on coastal resilience.
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Harrison County supervisors keep voting subdivisions down, 3-2
On September 8, 2026 the board denied a developer's appeal over a 230-lot subdivision in Saucier, on flooding and infrastructure objections from existing residents — the latest in a run of narrow coastal land-use votes.
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Half an inch of sidewalk is not a dangerous condition, Mississippi court holds
Rodriguez v. Diamondhead Country Club and Property Owners Association is final: a half-inch offset between sidewalk slabs at the community pool was not a dangerous condition, and a building-code accessibility theory failed because the plaintiff never claimed a disability.
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The reserve floor for condo financing rises to 15% on January 4, 2027
Fannie Mae and Freddie Mac raised the minimum reserve allocation from 10% to 15% of annual budgeted assessment income, and barred baseline-funded reserve studies. Mississippi has no statutory reserve mandate, so the 2027 budget cycle is the decision point.
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FinCEN's final rule names homeowners associations, and ends the filing for good
The August 14, 2026 beneficial ownership final rule exempts all domestic entities and every U.S.-person beneficial owner. Its preamble addresses HOAs by name, and a Mississippi association incorporated under state law now has nothing to file with FinCEN.
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Fifth Circuit: there is no protected property right in leasing your home short-term
Marfil v. City of New Braunfels, decided June 18, 2026 and binding in Mississippi, upheld a ban on rentals under 30 days: no protected property interest for due process, and the 30-day line survives rational-basis review.
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FHA automated single-unit condo case numbers, which matters most on the Mississippi Coast
Since May 26, 2026 a condominium project registered in FHA Connection as Expired or Rejected receives a case number automatically for Single-Unit Approval, removing manual review from the only FHA path available in unapproved buildings.
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The fast-track condo review is gone, and the 50% owner-occupancy rule went with it
Since August 3, 2026 Freddie Mac has retired Streamlined Review and Fannie Mae has retired Limited Review, pushing established projects into Full Review. The same package dropped the 50% owner-occupancy requirement and expanded exempt-from-review to 2–10 unit projects.
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In Mississippi, an ambiguous covenant is construed against the person enforcing it
With no HOA statute, Mississippi covenant disputes turn on judge-made rules: the law favours free use of land, ambiguity is read against the party seeking enforcement, and clear wording is still enforced.
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The bill letting Mississippi subdivisions amend their covenants died twice, then nobody refiled it
HB 1155 in 2023 and SB 2481 in 2025 would each have let a majority of owners in a platted subdivision create or amend covenants by petition and chancery decree. Both died, and no version was filed at all in 2026.
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A county cannot take over your subdivision's streets if they sit inside a town
An Attorney General opinion of July 7, 2025 told Webster County it could not accept a developer's conveyance of subdivision streets lying inside the Town of Mathison — a municipality has the duty to maintain city streets.
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Mississippi's condo assessment lien expires in one year, and planned communities have none at all
Section 89-9-21 gives a recorded condominium assessment lien a one-year life, extendable once by recording, with no priority over earlier-recorded liens. Mississippi's lien chapter has no assessment lien for non-condominium associations.
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NC court voids an 'annoyance or nuisance' covenant for vagueness
In Villazon v. Osborne the North Carolina Court of Appeals held a covenant barring anything tending to cause annoyance or nuisance to the neighborhood is void for vagueness and unenforceable, following Steiner v. Windrow Estates.
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North Carolina raises the nonprofit board minimum to three directors
From October 1, 2026, a North Carolina nonprofit corporation must have at least three directors instead of one, but the change applies only to corporations organized on or after that date.
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NC Supreme Court sends the 'household pets' question to the jury
In Schroeder v. Oak Grove Farm Homeowners Association the Supreme Court of North Carolina reinstated a jury verdict that sixty backyard chickens were not household pets, holding the trial court properly construed the covenant and left the factual question to jurors.
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NC's only HOA reform bill to pass a chamber became a Medicaid bill
Senate Bill 378 passed the North Carolina Senate 47-0 as HOA Revisions in May 2025, then a House committee substitute deleted the entire HOA text and replaced it with Medicaid provisions under a new title.
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NC bill to void HOA child-care restrictions retroactively stalls
Senate Bill 1051 would have voided North Carolina HOA provisions restricting licensed family child care homes and applied retroactively to existing declarations, but it stalled in Senate Appropriations in May 2026.
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A Senate-passed NC bill would have ended fine-only foreclosure — and stalled
Senate Bill 1047 passed the Senate 27-14 with provisions removing an association's power to foreclose on a lien securing only fines, then stopped in House Rules and cannot be taken up again this session.
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North Carolina political-sign covenants keep the exception flags just lost
The Regulatory Reform Act of 2026 struck the drafting exceptions from the flag half of G.S. 47F-3-121 and left the political-sign half untouched, so one statute now works two different ways.
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A vetoed-then-overridden NC privacy law may reach HOA membership rosters
The Personal Privacy Protection Act became law over the Governor's veto and bars public agencies from collecting or releasing lists identifying members of a nonprofit organization, a definition broad enough to reach an HOA membership roster.
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Most North Carolina HOAs must file an annual state report from 2027
New G.S. 55A-16-22.1 requires every North Carolina nonprofit corporation to file an annual report with the Secretary of State by November 15, and makes delinquency a ground for administrative dissolution.
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NC does not license HOA managers, and a rule change for those it does reach was pulled
North Carolina licenses no community association managers; oversight reaches only brokers who manage associations, and a 2026 proposal to repeal the agency-agreement rule drew 291 opposing comments and was withdrawn for republication.
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NC court upholds HOA dues collected for a clubhouse the HOA does not own
In Myers v. Smoky Mountain Country Club POA the North Carolina Court of Appeals held clubhouse dues remitted to a developer are a real covenant running with the land, reversing summary judgment for the homeowners; review has been sought in the Supreme Court.
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The biggest open question in NC covenant law still has no answer
Whether North Carolina's Marketable Title Act extinguishes planned-community covenants older than thirty years remains unresolved by any published appellate decision, with cases reported pending at the Court of Appeals.
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NC beach territories absorbed a 31.9% two-year homeowners increase
The second step of North Carolina's homeowners rate settlement took effect June 1, 2026, completing a 15% statewide rise and about 31.9% across five beach counties, with no new increase permitted before June 1, 2027.
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NC's home-business law limits cities, not HOAs
The Home-Based Business Fairness Act bars North Carolina cities from prohibiting no-impact home-based businesses, but subsection (c) makes the section inapplicable where a deed, covenant or HOA document prohibits the business.
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Court data: about 50,000 NC HOA liens, roughly 11% moved to foreclosure
An analysis of North Carolina Administrative Office of the Courts civil case data from January 2018 to June 2023 identified roughly 50,000 liens filed by nearly 6,000 HOAs, with about 11% proceeding to foreclosure.
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NC's Helene road program gives HOAs a 50% cost share — and the deadline has passed
The Disaster Recovery Act of 2025 directs a 50% cost share with the HOA for construction costs on association-owned private roads and bridges, but the interest-form and partial-reimbursement deadlines have both closed.
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NC's HOA incorporation bill died — then half of it passed anyway
House Bill 993 would have required every North Carolina association to incorporate and file annual reports; it never left House Rules, but the annual-report half arrived through the Nonprofit Corporation Act instead.
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North Carolina's Homeowners Association Reform Bill is dead
House Bill 444 was re-referred to House Judiciary 1 on May 6, 2025 and has had no action since, missing the crossover deadline and leaving it ineligible for the rest of the biennium.
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NC bill to void HOA limits on solar, gardens and ADUs stalls in Rules
House Bill 1212 would have barred North Carolina associations from limiting solar panels, edible and pollinator gardens, and accessory dwelling units, but it never left House Rules after its May 2026 referral.
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NC bill for an HOA complaint database stalls, opposed by the AG it would empower
House Bill 1174 would have required the NC Department of Justice to run a public HOA complaint database, but it stalled in committee and the Attorney General's office objected that it grants intake without authority to resolve anything.
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Fourth Circuit narrows what an HOA may demand for a fair-housing accommodation
A published Fourth Circuit decision binding in all three North Carolina federal districts holds that the Fair Housing Act asks whether the accommodation requested is necessary, not whether removing the association's added conditions is necessary.
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NC court: an architectural committee's discretion is broad but not arbitrary
Smith v. Forge Creek holds that exceeding a conditional architectural approval is a violation as a matter of law, but whether the committee's refusal was arbitrary or in bad faith is a jury question — and that a court must consider an injunction bond even unasked.
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North Carolina repeals the covenant exception for US and NC flags
Section 4 of the Regulatory Reform Act of 2026 strikes the drafting exceptions that let a declaration restrict flag display, so no covenant can now limit a 4x6 US or North Carolina flag on an owner's own property.
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NC associations have no beneficial ownership filing — that file is closed
A FinCEN final rule effective August 14, 2026 permanently exempts domestic entities from Corporate Transparency Act beneficial ownership reporting, ending a three-year compliance question for North Carolina community associations.
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Fannie Mae's 15% reserve floor lands on NC condos with no state mandate
Fannie Mae retired Limited Review for condo loan applications dated on or after August 3, 2026 and raises the minimum reserve allocation from 10% to 15% on January 4, 2027, reaching North Carolina associations that have no statutory reserve requirement.
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NC settles a 68.3% dwelling insurance request at 5% plus 5%
The North Carolina Rate Bureau sought a 68.3% average increase on dwelling policies; the Insurance Commissioner settled at 5% effective October 1, 2026 and 5% effective October 1, 2027, with mitigation credits in many eastern territories.
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Two NC decisions narrow who can enforce a restrictive covenant
Prevette v. Elsner and Valle Cay Property Owners Association together set out who may enforce a North Carolina restrictive covenant, and against whom — a neighbor without a reciprocal restriction cannot, and only servient estate owners can be sued.
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NC court grants an outside developer easements over HOA-owned streets
Cape Homeowners Association v. S. Destiny affirms easements by implication and by necessity over private streets owned and maintained by the association, holding the necessity was fixed at severance in 1986.
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NC Business Court dismisses owners' challenge to a Helene repair assessment
Brock v. Kyryk dismissed a challenge to a $3,970-per-lot Hurricane Helene special assessment, holding a suit is not derivative merely because it cites the derivative statute and that directors owe duties to the association, not to individual members.
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NC will force cities to allow ADUs — and expressly leaves HOA bans intact
New G.S. 160D-917 requires larger North Carolina cities to permit accessory dwelling units from January 2027, but subsection (e)(1) preserves the enforceability of private covenants restricting dwelling types.
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NC's 2024 building code is still not in effect, and no condo inspection mandate exists
North Carolina construction and renovation still proceeds under the 2018 code after repeated statutory delays, and the state has adopted no structural or balcony inspection requirement for condominiums.
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The Nebraska HOAs that quietly stopped being corporations in 2025
Nebraska nonprofit corporations that missed the 2025 biennial report were administratively dissolved on June 17, 2025, and the next deadline is April 1, 2027.
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Nebraska's only HOA statute has gone fourteen years without an amendment
A section-by-section check of both condominium acts and the homeowners association lien statute finds nothing amended in the 2025 or 2026 sessions.
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Nebraska solar seller pays $200,000 over door-to-door tactics
The Attorney General settled with Everlight Solar on September 3, 2026 over claims including salespeople who ignored no-solicitation signs and refused to leave.
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Nebraska's high court is deciding whether Omaha must fix annexed streets
The Court of Appeals held street maintenance is discretionary and mandamus will not lie; the Supreme Court granted further review and heard argument on September 3, 2026.
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Reported: Fannie Mae's condo reserve floor goes to 15% in January
Two law-firm alerts describe Lender Letter LL-2026-03 raising the minimum reserve allocation and retiring Limited Review; the source document could not be opened to verify it.
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Nebraska Supreme Court: you cannot sue "the Board"
Powers v. Elmwood Tower holds a nonprofit board is not a suable entity and the corporation is indispensable to a suit over who sits on it — and leaves the "members" question open.
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One motion killed every Nebraska HOA bill in the biennium
On April 17, 2026 a single disposition motion indefinitely postponed every undisposed bill in the 109th Legislature, and nothing carries into 2027.
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Reported: Omaha sidewalk repair bills land on an HOA boundary question
Six northwest Omaha owners received city repair notices of roughly $800 to $1,700, and their association said it was still working out whether the sidewalk is common area.
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Reported: an Omaha councilman wants short-term rentals to register a contact
Councilman Ron Hug said in July 2026 he would bring an ordinance requiring short-term rentals to file a manager's name and emergency contact; no ordinance has been introduced.
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Nebraska licenses nobody to run your HOA
No Nebraska agency registers, licenses or sets continuing education for community association managers, and the Real Estate License Act does not reach assessment collection.
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Two Nebraska rulings on who owns the strip you have been mowing
Goldie v. McNeil and Kortmeyer v. Hendrix reached opposite results five months apart and together set the current Nebraska rule on adverse possession inside a subdivision.
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A Nebraska committee will hear neighborhood associations on blight November 6
LR 415 is the only HOA-adjacent item alive in Nebraska, and Urban Affairs has noticed a hearing on whether cities must consult associations before declaring property blighted.
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Lincoln widened its ADU rules in March and said nothing about covenants
Text Amendment 26002, approved March 30, 2026, drops the lot-area trigger for accessory dwelling units from the two-family minimum to the single-family minimum.
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Lincoln told the Legislature that covenants beat its zoning code
In a required state filing, the City of Lincoln wrote that HOA covenants limiting density, floor area and height would supersede its own upzoning; Omaha's filing says nothing about covenants.
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Nebraska's Missing Middle housing bill lost its override by nine votes
LB 839 passed 34-15, was vetoed on April 16, 2026, and the override motion failed 19-28-2 on the final day of the session.
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Nebraska flipped the burden on county permit objections
LB 663 requires county boards to presume a conditional-use applicant will comply with the law and puts clear-and-convincing proof on anyone appealing the decision.
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Nobody testified against Nebraska's HOA political sign bill. It died anyway
LB 360 would have barred covenants prohibiting political signs for 90 days before an election; the hearing drew zero opponents and the committee never voted.
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Nebraska's HOA solar bill died a fourth time, 91 comments to 3
LB 137 would have voided covenant restrictions on solar collectors and pollinator gardens and given owners a cause of action; it never got a committee vote.
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Nebraska's HOA lien overhaul died on General File without a debate
LB 1251 would have doubled the association lien enforcement window to five years and rewritten the fee award; it cleared committee 7-0, sat 31 days, and was killed by the adjournment motion.
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Nebraska PACE liens now outrank an assessment lien recorded later
LB 1135 moves the PACE lien on a single-family home to the first annual assessment and gives it priority over anything recorded afterward.
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Nebraska's new improvement districts count condo units as votes
LB 1114 creates a taxing district a majority of lot or condominium-unit owners can form, and it binds the owners who did not sign.
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The covenant savings clause Nebraska wrote and never passed
LB 1094's By-Right Housing Development Act carried an express statement that restrictive covenants stay enforceable; the bill died in committee and the sentence with it.
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Nebraska's ADU mandate stopped at the covenant line, then died
LB 1041 would have forced cities to allow accessory dwelling units but wrote an express exception for HOA and condominium restrictions; it died on General File.
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Reported: HUD owned a Nebraska home for years and the dues kept running
A Sarpy County association said it was owed more than $20,000 in assessments accrued since 2019 on a half-million-dollar home HUD took that year.
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Nebraska HOA appeals keep dying before anyone reads the merits
Court of Appeals records show association appeals dismissed for lack of jurisdiction under Rule 2-107(A)(1), including one association that filed four and lost all four.
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The Nebraska ruling that an HOA may not be able to enforce its own covenants is now final
Hillsborough v. Karnish dismissed an association's covenant suit for lack of standing because the declaration gave enforcement rights only to the declarant and lot owners; further review was denied.
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Freddie Mac rewrote its condo project rules in May
Bulletin 2026-6 folded new condominium project and property insurance requirements into the Guide and widened the exemption for small projects not part of a master association.
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FinCEN ended beneficial ownership filing and is deleting what boards sent
A final rule effective August 14, 2026 permanently removes the Corporate Transparency Act reporting requirement for US companies, which covers Nebraska HOAs organized as nonprofit corporations.
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Eighth Circuit revives a RICO claim over condo assessment collection
Geivett v. AMC Management holds each new injury from assessment-collection conduct can start its own limitations clock, reversing a dismissal of a unit owner's racketeering suit.
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A Nebraska defect clock starts at the leak, not at the cause
An unpublished Court of Appeals decision applies the rule that limitations run from discovery of the defect rather than discovery of its source, under the statute condominium associations sue on.
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Nebraska has America's costliest home insurance and no condo data at all
Nebraska premiums run near $6,400 a year, the highest in the country, and no regulator or trade body publishes anything on association master-policy costs.
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Nebraska's Attorney General is suing over the risk scores on your listing
The state sued climate-risk data firm First Street on August 27, 2026, alleging its property-level flood and fire scores are inaccurate and depress Nebraska home values.
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An association that invokes appraisal is stuck with the number
The Eighth Circuit affirmed that a homeowners association bound by an appraisal panel's $52,482.81 roof award could not recover more from its insurer.
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Nebraska's proposed disclosure form would make sellers name the association
The Real Estate Commission held a June 2026 hearing on a replacement Seller Property Condition Disclosure Statement that adds a blank for the association's name; it has not been adopted.
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Three federal disasters hit Missouri this year, and none brought Individual Assistance
DR-4924, DR-4929 and DR-4939 designated 53 Missouri county areas between June and September 2026 — every one of them Public Assistance only, with zero areas receiving Individual Assistance.
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Missouri HOAs would have faced a re-election every ten years at 85 percent, or dissolved
Twin bills HB 2840 and SB 1313 would have dissolved every Missouri homeowners association at ten years absent an 85 percent renewal vote, with existing associations voting by 31 December 2026. Neither got a hearing.
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Missouri deleted the two-year wait before a county tax foreclosure
Senate Bill 973 removed the requirement that a parcel be two years delinquent before a partial opt-in county routes it into the judicial land-tax process, shortening the runway before a sale that can extinguish junior liens.
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A community association that inherited the common areas got back into the sewer-contract case
In City of Osage Beach v. Duenke Real Estate Holdings, the Southern District affirmed the setting aside of a default judgment, in a case where the developer LLCs had deeded the subdivision's common areas to the community association.
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Missouri's big storm-insurance bill died — and it had excluded associations anyway
SB 1543 and HB 3328 would have created a $12 million retrofit fund, roof-age underwriting limits and a free disaster-claim mediation programme. The mediation route expressly excluded multiple-family dwellings.
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A Missouri association's fee appeal died on a filing technicality
In Stonebridge Homeowners Association v. Draper, the Western District dismissed the association's appeal because a Rule 74.16 attorney-fee motion is an independent action requiring its own denominated judgment.
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St. Louis cannot enforce its Airbnb permit law — so it imposed a 3 percent fee instead
A court order has barred enforcement of the city's short-term rental permit ordinance since April 2025. In February 2026 the city enacted a 3 percent license fee tied to the very ordinance it cannot enforce.
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St. Louis legalised backyard cottages citywide. Your indenture still stands.
Ordinance 72036 permits attached and detached accessory dwelling units by right in every residential zone, while zoning code § 26.04.040 states the code does not abrogate or annul any easements, covenants or other agreements between parties.
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Springfield cut 25 zoning districts to 14 and legalised granny flats citywide
A new land development code and a citywide zoning map approved 6 April 2026 allow accessory dwelling units in all single-family districts and expand eligibility for administrative subdivisions — removing a public hearing neighbours used to attend.
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A Springfield subdivision's deed restrictions were held waived and abandoned
In Sleight v. BK&M, the Southern District affirmed that a non-severable covenant scheme was waived and abandoned where every plaintiff was itself out of compliance — the mirror image of a 2025 case that turned on a non-waiver clause.
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Missouri covered condo master policies after the storms, then excluded the HO-6
Insurance Bulletin 25-11 is the only Missouri agency document in twelve months whose operative text is addressed to community associations. It lasted 209 days.
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Proposed: a Missouri committee chair wants a special session on property tax
Nine days before this was written, Rep. Brad Christ issued a seven-point property-tax agenda and a special-session request. There is no bill, no session has been called, and nothing in it is law.
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Sewage on the association's land: a Missouri court said only one kind of lawsuit was available
The Southern District made a writ of prohibition permanent, holding that inverse condemnation is the exclusive remedy when an entity with eminent-domain power damages association-owned common property.
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Missouri has no agency that regulates homeowners associations. We went looking.
No ombudsman, no registry, no manager licensing, no reserve mandate, no dispute-resolution body — and the 2026 Missouri Register's eighteen issues contain no rule mentioning associations at all.
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A new St. Louis County nuisance suit most Missouri HOAs cannot bring
New section 67.452 lets a neighbourhood organisation sue to abate a nuisance with fee-shifting — but only a 501(c)(3), which most Missouri homeowners associations are not.
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MSD started spending its stormwater tax in June. Your detention basin is still yours.
The first Proposition S-funded project broke ground on 8 June 2026, with $700 million programmed. MSD's standing position is that detention and retention basins are private and the subdivision's responsibility.
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St. Louis County boards get a new way to find out who really owns the rental house next door
House Bill 2508 extends Missouri's responsible-natural-person affidavit to any county over one million — but only after more than two ordinance violations and a failed attempt to resolve them through the registered agent.
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The newspaper that publishes your foreclosure notice only needs to be a year old now
House Bill 1940 cut the seasoning requirement for legal-notice newspapers from three years to one and added 'all legal publications affecting the title to real estate' to the statute's scope.
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Missouri just tripled the homestead an assessment judgment cannot touch
House Bill 1870 raises the homestead exemption from $15,000 to $40,000 on 1 January 2027, indexes it to inflation, quintuples the household-goods exemption, and rewrites bank garnishment from 2028.
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A Missouri judge struck down the whole chicken bill — and the statute book has not noticed
A Cole County court invalidated House Bill 2062 in its entirety on single-subject, clear-title, original-purpose and Contracts Clause grounds; the Revisor of Statutes still prints the chickens provision as operative law.
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Missouri sets no condo reserve rule, so Fannie and Freddie do — and it rises in January
Fannie Mae and Freddie Mac retired Limited and Streamlined project review on 3 August 2026 and raise the minimum budgeted reserve allocation from 10 to 15 percent on 4 January 2027. Missouri imposes no reserve mandate of its own.
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Missouri's HOA erosion loan fund passed 11–0, then died 5–6 in Rules
HB 1734 would have created a state revolving loan fund for association creek and stream stabilisation, with liens on owners' lots as collateral. It was the only 2026 Missouri HOA bill anyone voted on.
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Missouri Supreme Court: a pre-2023 solar ban in your covenants is unenforceable
In Eikmeier v. Granite Springs, a unanimous Supreme Court of Missouri held that section 442.404.3 reaches covenants recorded long before the statute took effect, and struck down a street-facing-only placement rule.
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Missouri's storm tax credit covers your deductible, not the association's
A June 2025 special session created a homestead disaster credit of up to $5,000 for insurance deductibles from 2025 disasters — an individual-taxpayer credit that does not extend to an association paying a master-policy deductible.
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Missouri's bill to let associations actually amend their own documents died in committee
SB 1603 and HB 3176 would have allowed amendment of declarations and bylaws by simple majority, with a deemed-approval mechanism for low turnout. The Senate hearing was cancelled; the House hearing led nowhere.
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Reported: a condo developer's right to add buildings expired, and the land was the owners'
A Southern District decision is reported to have held that filing plats and installing utilities did not 'create' units under the Missouri Uniform Condominium Act, so a ten-year development right lapsed and the undeveloped acreage stayed a common element.
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Your Missouri condo association's insurance shield expired on 1 June. Here is what replaced it.
Insurance Bulletin 26-09 rescinded the post-storm cancellation moratorium effective 1 June 2026, replacing a directive that insurers 'shall not' cancel with a request plus a regulatory safe harbour.
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A bill stripping Missouri associations of any say over concealed carry died again
HB 1665 would have overridden any rule, policy, covenant or deed restricting concealed carry — expressly reaching common elements, limited common elements, parking areas and every walkway. It was never referred to a committee.
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Missouri's percolation test dies on 31 December, and community septic now needs a permit
Senate Bill 914 requires a construction permit before building or majorly repairing an on-site sewage system, moves design from percolation rate to soil properties, and voids percolation-test acceptance after 31 December 2026.
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Missouri cities can no longer force landlords to take vouchers — covenants untouched
Section 441.043 preempts local ordinances on rent control, source of income, tenant screening, security deposits and rights of first refusal. It restrains cities and counties, not recorded covenants.
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A court struck down Missouri's HOA chicken law. Two months later, two legislators refiled it.
SB 1059 and HB 2435 re-enacted section 442.404 with the chickens provision intact — one changing 'up to' to 'no more than', the other making stylistic edits. Both died without a hearing.
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Reported: buying the condominium was the arbitration agreement, a Missouri court holds
In Haack v. Jarvis, the Western District is reported to have upheld an arbitration award on the ground that owning a unit subject to declarations requiring arbitration supplied the agreement to arbitrate.
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A majority of your neighbours can vote the whole community into a city — and you get 14 days
Section 71.012.2(1) lets a common-interest community's governing body petition for annexation on a majority vote of unit owners, not the unanimous consent an ordinary petition needs; 2026 also made two counties' subdivisions easier to annex.
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The federal filing that panicked every Missouri HOA board in 2024 is permanently dead
A FinCEN final rule effective 14 August 2026 exempts all domestic entities from beneficial-ownership reporting — so a Missouri association incorporated under Chapter 355 has no filing, no update duty, and no reason to pay a compliance vendor.
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Eight Missouri contractor-fraud cases in ten months, all over storm-repair deposits
Eight Missouri enforcement actions since December 2025 against storm-repair contractors, every one involving upfront money for work not performed — in a state with no contractor licensing.
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After the next hailstorm, your Missouri association cannot hand its claim to the roofer
New section 379.135, effective 28 August 2026, makes any assignment of post-loss property insurance benefits void and unenforceable — which voids the assignment-of-benefits page in most storm-restoration contracts.
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Missouri's new mortgage law says your assessment lien is not a mortgage — and that is deliberate
The Uniform Mortgage Modification Act, effective 28 August 2026, lets a lender modify a loan and keep its recorded priority without recording the modification — and expressly excludes association assessment liens from its protections.
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Missouri boards that sue their critics now face a 60-day dismissal motion and mandatory fees
Senate Bill 1067 repealed Missouri's narrow anti-SLAPP statute and enacted the Uniform Public Expression Protection Act, which covers speech on any matter of public concern and shifts fees to a prevailing movant.
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Minnesota's new HOA law splits on community type, not building age
A 1979 condominium gets Chapter 82's $100 fine cap. A 1979 townhome association does not. The dividing line in Minn. Stat. § 515B.1-102 is what kind of community it is and when it was created — and it is the most likely source of bad advice in 2027.
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What the industry stripped out of Minnesota's HOA bill
CAI Minnesota says the 41 working-group recommendations were adopted in a single vote, and names four provisions it removed or scaled back before S.F. 1750 became Chapter 82 — including a personal pre-enforcement duty on board members.
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Minnesota bars HOA foreclosure until debt is three months delinquent
Chapter 82 strips ordinary fines out of the association assessment lien and blocks foreclosure until qualifying assessments are more than three months overdue, while confirming a power of sale for all condominiums and planned communities.
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Minnesota HOAs must take three bids on contracts over $50,000
Chapter 82 imposes competitive bidding above $50,000, bans kickbacks to board members and property managers, forces disclosure of affiliated bidders in the minutes, and requires six years of bid records open to owners.
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Minnesota's 30-year covenant clock can kill a declaration — and a 2018 amendment won't restart it
Eagle's Landing holds that covenants created in 1993 expired in 2023 and cannot be resurrected, with no waiver exception. Reed, sixteen months later, shows how broad the escape hatch is — if the association actually pleads it.
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Minnesota's Starter Homes Act was voted down 7–5 in March
The Yes to Homes coalition's lead bill would have barred mandatory homeowners associations statewide and stripped certain design standards. It failed on a House committee roll call on 23 March 2026 and got no Senate hearing.
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Minnesota bans HOA retaliation against owners who assert their rights
Chapter 82 adds a statutory retaliation claim to the MCIOA rights-of-action section, defines retaliation to include unauthorised charges and restricted privileges, and makes a Safe at Home data disclosure a violation of the chapter.
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Minnesota resale packets must now include any reserve study
From January 2027 a Minnesota resale disclosure must carry the fine schedule, the collection policy, any reserve study obtained in the past three years, and a plain-language warning about what buying into an association means.
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Minnesota HOAs must take partial payments and apply them to assessments first
Chapter 82 bars associations from refusing payments, forces payments to be applied to assessments before fines, and requires every association to adopt a written collection policy with three notices and certified mail.
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Minnesota court rejects owners' bid to put a defunct HOA into receivership
Orono Oaks holds that an owners' group lacks associational standing for compensatory damages and cannot be its own receiver — and that a remedy written into the declaration must be exhausted first, even if the association is defunct.
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Minnesota military and Gold Star flag bill died on both floor calendars
A bill that would have voided HOA restrictions on POW/MIA, service-branch, Blue Star and Gold Star flags reached the floor calendar in both chambers and was never called up. Minn. Stat. § 500.215 still protects only two flags.
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Minnesota HOA master premiums rose 90% in two years, survey shows
A survey filed into Minnesota's own legislative record puts average master-policy premiums at $40,397 in 2022 and $76,909 in 2024 — with matching exclusions and doubled non-renewals behind the special assessments that followed.
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Minnesota manufactured-home rent cap passed the Senate and died in the House
S.F. 2691 would have limited lot-rent increases to one a year and made any rise above three percent challengeable. It cleared the Senate 35–31 in April 2026, was referred to a House committee, and was never heard again.
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The one Minnesota HOA deadline that already passed: the loss-assessment warning
Section 5 of Chapter 82 carries no effective-date clause, so it took effect 1 August 2026 — every Minnesota annual report since must state the association's deductible and carry an all-caps personal-liability warning.
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Minnesota doubles the redemption window for HOAs holding a junior lien
For redemptions after 1 January 2026 a junior creditor gets 14 days instead of seven, and sheriff's-sale surplus now flows to junior lienholders by priority on demand — but the notice-of-intention deadline that traps associations is unchanged.
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Minnesota insurance fraud referrals now go to the BCA, not Commerce
The Commerce Fraud Bureau was dissolved and its criminal investigative function moved to a new Financial Crimes and Fraud Section at the Bureau of Criminal Apprehension — a routing change that matters after a Minnesota hail season.
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Minnesota HOAs lose authority over street parking and driveway vehicles
Chapter 82 strips associations of power to regulate parking on publicly maintained streets, caps any delegated municipal police power at five years, and gives owners a right to park a personal or work vehicle on their own driveway.
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Minnesota's HOA ombudsperson has stopped taking mediation requests
The state office created in 2025 to help resolve association disputes is publicly posting that demand exceeds its resources — four months before Chapter 82 starts requiring boards to refer unresolved grievances to it.
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Minnesota HOAs must hear owner grievances free — and refer failures to the state
Chapter 82 creates a general grievance right with no fee attached, and requires boards that cannot resolve a grievance to refer the owner to the Common Interest Community Ombudsperson — an office currently not accepting mediation requests.
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Minnesota sets the FORTIFIED roof discount benchmarks at 35%, 38% and 40%
Commerce published the methodology fixing what wind-and-hail premium credit insurers must justify for IBHS FORTIFIED construction — but the model behind it was built on detached single-family exposure, not association master policies.
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Minnesota HOAs must hold a hearing before attorney fees attach to a fine
From January 2027 a Minnesota owner has 30 days to demand a hearing on a fine, and the association cannot charge attorney fees unless that hearing is actually held and the board adopts a written resolution upholding the fine.
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FinCEN permanently ends beneficial-ownership filing for Minnesota HOAs
A final rule effective 14 August 2026 exempts every entity created in the United States from beneficial ownership reporting — which covers every Minnesota association incorporated under chapter 317A. Remove it from the compliance calendar.
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Minnesota clears HOAs to bill owners for EV charging
A new Minn. Stat. § 216B.422 says reselling electricity for EV charging does not make you an illegal public utility — removing the standing objection to associations billing per kWh at a shared charger. Minnesota still has no right-to-charge law.
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Eighth Circuit: an appraisal award settles the matching fight for Minnesota HOAs
Jamestown Villas v. State Farm, decided 4 September 2026, holds that an appraisal panel's amount of loss necessarily resolves whether replacement shingles are of “like kind and quality” — and that clarification questions are not a second bite.
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Minnesota raised the water fees HOAs pay to irrigate common areas
DNR's new appropriation fee schedule took effect 1 January 2026 — the minimum rose from $140 to $200, top-tier rates nearly doubled, and a $50-per-million-gallon summer surcharge expressly reaches landscape irrigation. The bill lands February 2027.
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Minnesota caps HOA director terms at three years and gives boards a manager exit
Chapter 82 requires regular staggered elections with terms no longer than three years, terminates declarant-signed management contracts a year after turnover, and lets associations exit a manager on three months' notice.
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Minnesota bill to void home-size and building-material covenants died unheard
S.F. 3418 would have made minimum home size, minimum price, parking-structure, building-material, architectural-style and fencing covenants void and severed in Minnesota CICs. It got two recorded actions and no hearing.
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Minnesota's Cooperative Housing Act is delayed again, to August 2027
Minn. Stat. ch. 308C, enacted in 2024, has now had its effective date postponed twice and arrives 1 August 2027 — while the bill written to make it workable was introduced six weeks before adjournment and never heard.
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Minnesota confines HOA construction-defect prerequisites to post-2017 communities
Laws 2026, ch. 61 — in force since 1 August 2026 — states that MCIOA's pre-suit notice, owner vote and mandatory mediation for construction-defect claims apply only to communities created on or after 1 August 2017.
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Minnesota court: a common-element repair cannot be billed to two units
In Mohn v. City Homes on Park Avenue, the Court of Appeals held “common element” and “common expense” are not interchangeable — an association may not allocate common-element masonry repair to only the units that benefit.
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Minnesota cities can no longer require developers to create an HOA
A new article 5 of the Minnesota Common Interest Ownership Act bars local governments from conditioning residential development approval on the creation of a homeowners association, for communities created on or after 1 January 2027.
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Minnesota enacts an HOA Bill of Rights: Chapter 82 takes effect January 1, 2027
Signed May 12, 2026, Laws 2026, ch. 82 is the largest rewrite of the Minnesota Common Interest Ownership Act since 1994, and nearly all of it becomes operative on January 1, 2027.
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Minnesota HOA boards must publish agendas and the contracts they plan to sign
Chapter 82 deletes the “to the extent practicable” hedge on open board meetings, requires the agenda and the actual documents up for a vote to be circulated in advance, and gives owners an enforceable right to speak before any action.
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Minnesota gives HOAs 90 days to decide an architectural application
Chapter 82 requires every Minnesota association with design-approval authority to adopt a written procedure by rule and to decide a complete application within 90 days, in writing and reasonably.
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Minnesota lets detached-home HOAs dissolve on 67% — and silence counts as yes
Chapter 82 cuts the termination threshold from 80% to 67% for single-family detached communities with no common elements, removes the mortgagee consent requirement, and deems an owner who does not respond within 60 days to have agreed.
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Minnesota HOAs get a 21-day notice-and-comment duty before any rule change
From January 2027 Minnesota association rules must be reasonable, and no rule may be adopted, amended or revoked without giving owners at least 21 days to review and comment first.
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Minnesota has the 2024 building codes open for comment with no closing date
DLI has eleven rulemaking dockets open on the 2024 I-Codes — including the existing-buildings and accessibility chapters that govern most association capital work — at the pre-draft comment stage, open until further notice.
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Minnesota caps HOA fines at $100 a violation from January 2027
Chapter 82 caps a single-violation fine at $100, late fees at the greater of $20 or five percent, and interest on delinquent assessments at eight percent — with four carve-outs that survive the cap.
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Michigan is about to legalise duplexes and ADUs statewide — and not one bill touches your covenants
Fourteen zoning-preemption bills are pending in the House. Every one is drafted as a restriction on municipalities. A subdivision's declaration or a condominium master deed would still block the same building.
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A Michigan court called an association's own records “deceptive” and threw out its foreclosure
Woodside Meadows lost at trial because the judge found its ledgers untrustworthy. The Court of Appeals affirmed: admitting records as business records does not oblige a factfinder to believe them.
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A lawyer's letter cannot amend a master deed, Michigan panel holds as unbuilt units vanish
Woodfield Greens held that units never designated “must be built” were extinguished by operation of law, and that a developer's unilateral letter asserting otherwise changed nothing.
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Sixth Circuit: title insurance does not cover condominium units you let expire
Triple Properties Detroit v First American applied the “created, suffered, assumed, or agreed to” exclusion to a buyer who bought unbuilt Michigan condominium units, let the reversion deadline pass, and sold them anyway.
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A nine-month lease was a “commercial use,” a Michigan panel held
Timber Lake Drive POA v Gribi held that leasing a home for $2,400 a month violated a 1967 residential-purposes covenant, and that tolerating earlier short-term rentals did not waive enforcement.
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Michigan's statewide short-term rental bills would not override a single HOA rule
HB 6026 and 6027 would create a state registry, a 6% excise tax and a bar on local total bans. Neither mentions covenants, condominium bylaws or associations anywhere in its text.
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A Southfield condo's dues rose 63% after its insurer walked away
Cumberland Condominium residents told WXYZ their assessments rose 63% in a year, some paying over $645 a month, after the carrier discontinued coverage citing claims history and ageing electrical panels.
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Michigan HOAs missed a solar-policy deadline most of them had the wrong date for
Every Michigan homeowners association had to adopt a written solar energy policy by April 2, 2026. Associations that did not cannot fine an owner who installs anyway.
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Michigan co-owners lost $50,912 for leaving a lis pendens on title too long
Shenandoah Ridge, a published 2025 decision, held that individual co-owners lack standing to assert a reversion claim and that a stale lis pendens supported slander of title with special damages.
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Michigan's virtual foreclosure-sale bill is about to become law — with none of its foreclosure content left
SB 527 still carries the subject line “allow to be held virtually.” A substitute replaced every word of it with court funding provisions, and it was ordered enrolled on September 9, 2026.
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Michigan Senate voted 34–1 to hand developers back land that reverted to co-owners
Senate Bill 272 would make the 2016 “undeveloped land” definition retroactive, undoing the effect of Cove Creek. It passed the Senate in March and has sat in House Regulatory Reform since.
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“Subject to restrictions of record” no longer preserves anything in Michigan
New section 5a of the Marketable Record Title Act says a deed recital referencing restrictions without a liber and page is not effective to create, preserve or continue them — retroactive to instruments recorded after March 28, 2019.
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A Michigan bill would deregulate balcony solar — and your association could not stop it either way
House Bill 5764 would exempt small plug-in solar devices from utility interconnection requirements. Michigan's existing solar statute already voids association approval requirements for energy-saving improvements.
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Michigan more than doubles by-right parcel splits — and lets local governments go further
2025 PA 58 took effect March 24, 2026. The first ten acres of a parent parcel go from four splits to ten on March 24, 2027, and a new subsection lets a municipality or county authorise more.
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Michigan now bans big institutional investors from buying detached homes — including site condos
2026 PA 32 took effect July 21, 2026. It bars an investor holding 100+ Michigan homes and $375 million from buying a structure with two or fewer dwelling units, with a $25,000-per-home civil fine.
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“The election results were obscured” was too vague to state a claim, Michigan panel holds
White v Ottawa Shores dismissed an HOA election challenge under MCR 2.116(C)(8): the owners cited no specific bylaw, pleaded no facts about the actual election, and identified no duty owed to them.
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A Michigan HOA lost its lawsuit because it never took the vote its own bylaws required
Northville Colony Estates held that litigation costs are a “nonoperating expenditure” needing a two-thirds member vote above $750, so the association had no authority to sue at all.
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No Michigan court has ruled on condominium records access since 2021
MCL 559.157 has produced no appellate decision in three years, no bill this session touches document access, and no agency enforces it. An owner's only tool is an unpublished 2021 opinion.
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Michigan rewrote its real-estate licensing rules in 2025 and still licenses nobody who manages your money
The general rules for real estate brokers and salespersons were amended effective June 4, 2025. The adopted text contains no occurrence of “condominium,” “community association” or “association manager.”
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Board approval of your neighbour's fence does not stop another owner suing over it
Nielson v Savino reversed a dismissal, holding that where the declaration lets “Developer, the Association and any Owner” enforce, board approval does not extinguish an individual owner's independent right.
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Michigan HOAs with pre-1950 declarations have until September 29, 2027 to save their covenants
2025 PA 13 exempted condominium master deeds permanently and exempted HOA documents recorded on or after January 1, 1950. Declarations recorded before that date must have a notice of claim on record within two years.
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Six bills giving Michigan park residents a right to buy passed the Senate 34–0. They have not moved since May
SB 934 through 939 would rewrite the Mobile Home Commission Act, give residents 60 days to organise and 45 days to offer on a park sale, and grant sellers a 15% tax credit. All six sit in one House committee.
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Michigan condo boards can no longer raise the master-policy deductible past $50,000
From July 1, 2026 a per-unit deductible above $50,000 makes units unfinanceable. Roofs may now be insured at actual cash value, and inflation guard is retired — closing the main lever boards used against premium increases.
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Limited Review is gone, and small Michigan condo projects just got a reprieve — unless there's a master association
From August 3, 2026 established projects need a Full Review or an expanded waiver. Standalone projects of two to ten units largely escape review — but not if they sit under a master association.
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Michigan appeals court: an Airbnb guest is your association's invitee
Letvin v The Village at Grand Traverse Commons, published July 13, 2026, decided as a matter of first impression that a short-term rental guest is an invitee of the association on common elements it maintains.
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Michigan abolished paper annual reports, and associations can be dissolved for missing one
Since June 2025 every nonprofit annual report must be filed through the MiBusiness Registry Portal with a MiLogin account. The old CID and PIN method is gone, and so are telephone document orders.
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Michigan Supreme Court: a co-owner injured in the common elements is an invitee
Janini v London Townhouses overruled Francescutti and held that possession and control, not title, decide premises-liability status — reopening claims Michigan associations had been winning outright for nine years.
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HUD will no longer charge cases over untrained assistance animals — Michigan law is unchanged
A May 22, 2026 FHEO memo limits reasonable-cause findings to animals individually trained for disability-related assistance. It is enforcement discretion, not a rule, and it does not touch Michigan's own civil rights statutes.
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Michigan's solar law may not reach your condominium at all
The Homeowners' Energy Policy Act never defines the entity it regulates, and section 13 excludes common areas and shared roofs — leaving attached condominiums in an unsettled position and site condominiums squarely covered.
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Michigan bill would force condominium reserve studies every five years — filed twice, heard never
House Bill 5784 would require associations with more than 20 units or a $20,000 budget to commission a professional reserve study and fund to it. It has sat in committee since April with no hearing, as did its identical predecessor.
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Michigan bill would start the redemption clock at recording, not at the sale
House Bill 5046 supplies the missing consequence for a sheriff's deed recorded late: the redemption period, and interest, would begin at recording. It passed the House 105–2 and sits in a Senate committee.
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Michigan bill would repeal the HOA solar law outright — and has moved twice without a hearing
House Bill 4363 would repeal 2024 PA 68 in its entirety. Since April 2025 it has been referred to Energy, discharged to Government Operations, and discharged back to Energy, with no hearing at any stop.
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Michigan municipalities can now hold twice as much of a condo fire settlement
2024 PA 82 raised the cap on the withheld portion of a residential fire-loss settlement from $12,000 to $24,000, indexed annually to the Consumer Price Index.
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Beneficial-ownership reporting is permanently over for Michigan associations
FinCEN's final rule, effective August 14, 2026, exempts US-created entities from beneficial ownership reporting and removes any duty to update information already filed. Michigan associations have no obligation left.
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FHA did not follow Fannie and Freddie, and that now matters in Michigan
No 2024, 2025 or 2026 Mortgagee Letter changed FHA condominium project approval. A Michigan project can fail the new 15% reserve or deductible standards and still be FHA-approvable.
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The FCC just restricted the inverters Michigan's solar law requires associations to allow
Foreign-produced grid-tied power inverters went onto the FCC's Covered List in July 2026 and the entry was narrowed in August. Every rooftop array a Michigan HOA must now permit needs one.
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A Michigan manager could file suit without a board vote, and the association took $24,086 in fees
Farmington Square v Mitan held that the management agreement and bylaws authorised the manager to commence the action, that eviction and money damages can be pursued together, and that the fee award stood.
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There is fake Michigan condo law circulating online, and it is specific enough to be believed
Several high-ranking sites assert 2025 and 2026 amendments to the Michigan Condominium Act that do not exist — including a mandatory CPA audit under a section number the Act does not contain.
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Michigan's EV-charging protection for homeowners is buried in the solar statute
Michigan has no standalone right-to-charge law, but electric vehicle supply equipment sits inside the Homeowners' Energy Policy Act's list of improvements an association may not prohibit or require approval for.
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Michigan tells insurers: a streaky roof in a drone photo is not grounds to drop the policy
DIFS Bulletin 2025-12-INS, issued June 6, 2025, says cosmetic roof issues cannot be the sole evidence for adverse action, and that aerial-imagery underwriting rules must be filed with the department first.
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Dearborn's short-term rental ban is being fought as a taking in federal court
Ordinance 24-1845 took effect January 1, 2026, confining rentals under 30 days to business districts. Eleven plaintiffs sued in the Eastern District of Michigan a week later claiming a Fifth Amendment taking.
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The Michigan Condominium Act has not been amended once in three years
A sweep of every Public Act of 2024, 2025 and 2026 finds no amendment to 1978 PA 59 — and none to the Nonprofit Corporation Act either. Everything that changed for Michigan associations came from somewhere else.
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A Macomb County township billed a condo community $6,000 a unit for a water line
Chesterfield Township approved a “Fire Suppression Line Readiness to Serve” charge in November 2025. NorthPointe residents learned of the $6,000 bill, payable in quarterly instalments, in March 2026.
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The CFPB withdrew its pay-to-pay fee guidance, and Michigan associations still face the statute
Sixty-seven guidance documents were withdrawn effective May 12, 2025, including the 2022 circular on convenience fees. The FDCPA and Regulation F are untouched, and so is Michigan's own collection law.
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“Damages” did not mean “attorney fees,” and a Michigan HOA paid its own bill
Carnegie Woods denied the association its fees on two independent grounds: the bylaws never said “attorney fees,” and the association never pleaded a breach-of-contract claim on the deed restrictions.
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Michigan's top court split 3–3 on short-term rentals, so nothing was settled
Berlin Revocable Trust v Rubin was affirmed by an equally divided Supreme Court on July 9, 2025 — leaving an unpublished Court of Appeals decision standing and creating no binding statewide rule.
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Michigan owners are paying full dues on condos that no longer exist
After a fatal Southfield fire and an Orion Township gas explosion, owners of destroyed units were still billed in full — and Michigan has no statute abating assessments on an uninhabitable unit.
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Michigan's new anti-SLAPP law changes what it costs a board to sue a critic
The Uniform Public Expression Protection Act took effect March 24, 2026. It gives a defendant an early dismissal motion that freezes discovery, and awards costs and attorney fees to a prevailing movant.
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Ann Arbor condos are taking twice as long to sell as houses
A July 2026 brokerage analysis of MLS data found condo price per square foot down 8% year over year, 34% of condo sellers cutting price against 24% for houses, and condos selling in roughly double the time.
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Michigan's real reserve mandate arrives January 4, 2027 — from Washington, not Lansing
Fannie Mae and Freddie Mac raise the replacement reserve minimum from 10% to 15% of annual budgeted assessment income for loan applications dated on or after January 4, 2027, and ban baseline funding from August 3, 2026.
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Maryland has zero pending HOA bills, and the next ones get written before anyone votes in November
Every 2026 bill died at sine die, the August special session took nothing but redistricting, and the 2027 system is empty. Pre-file drafting requests are due 20 November — seventeen days after the general election.
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Maryland still runs three separate community-association statutes, and last looked at merging them in 2006
No UCIOA adoption bill, no omnibus rewrite, no law-revision or bar-association proposal. The practical cost is a year of drafting discrepancies — a wrong word in one statute, an exemption that exists in one form and not the others.
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Maryland quadrupled its bankruptcy homestead exemption, and HOA collections got harder in June
Chapter 400 raised the exemption for owner-occupied residential property and extended it to homes held in revocable trusts, effective 1 June 2026 — changing the arithmetic behind every Maryland assessment-collection decision.
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Maryland nearly required every HOA over 100 lots to run a document portal. The bill never got a vote
SB 919 would have forced larger associations to post governing documents and board minutes online within 30 days, and would have let boards borrow to fund reserves on a 51 percent owner vote. It died in one committee and never left another.
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Maryland's housekeeping bill quietly fixed a wrong word in the HOA Act
The 2026 Annual Corrective Bill replaced an erroneous reference to a "condominium" in section 11B-111.5(a) of the Homeowners Association Act. It passed 43-0 and 137-0 and took effect the day it was signed.
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Maryland more than doubles a condo owner's damage bill and orders every owner to buy insurance
Chapter 717 raises unit-owner responsibility for the association's deductible from $10,000 to $25,000 and, for the first time, requires Maryland condominium owners to carry their own policy — on 1 October 2027.
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Charles County board members must be trained by 1 October or risk losing their seat
Chapter 804 makes Charles County the one Maryland jurisdiction where an untrained condominium or HOA director can be removed — while the statewide version of the same bill passed the House 92-29 and died in the Senate.
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Maryland tried four ways to soften its reserve-funding mandate and failed all four
An 80 percent opt-out, a small-HOA exemption, an emergency-spending fix, a hardship budget and a grant fund for low-income owners were all filed in 2026. Two were withdrawn before a hearing; none got a committee vote.
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Prince George's County now fines associations up to $5,000 for not handing over documents in 48 hours
CR-005-2026, adopted 10-1 and effective 17 March 2026, requires an owners-only document portal, quarterly open meetings, a board majority that lives in the community, and caps copying at ten cents a page.
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There is no Maryland task force on community associations, and the deadline being cited comes from withdrawn bills
The "31 December 2026 report deadline" circulating in search results and AI summaries is lifted from bills their own sponsors pulled. The only body ever to bear the name expired in 2006.
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Nine Maryland HOA bills passed the House this year. None passed the Senate
Four were unanimous in the House. Five never received a Senate committee vote at all — and Maryland publishes a committee voting record only when a committee actually votes, which is how you can prove it.
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Maryland associations that beat a developer's SLAPP cannot sue it for bringing one
The Supreme Court of Maryland held in July that legal costs, temporary loss of property value, emotional distress and a chilling of rights are not the "special injury" a malicious use of process claim requires — and declined to write a SLAPP exception.
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Maryland drafted a rule forcing insurers to file their underwriting standards. Its own deadline has passed
The Insurance Administration's draft COMAR chapter would require every homeowners insurer to file its complete underwriting standards — and expressly covers condominium units. Comments closed in November 2025 and it has not been adopted.
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HUD will now enforce only for trained assistance animals. Maryland law did not change
A 22 May 2026 enforcement memorandum narrows HUD's fair-housing charging policy to animals individually trained to perform disability-related tasks. It binds HUD staff — not Maryland courts, and not the Fair Housing Act itself.
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A Maryland covenant enforcer lost $17 million for exercising a power its architectural committee held
"Sole and absolute discretion" does not decide WHICH body gets to say no. In a reported December 2025 decision, the Appellate Court of Maryland affirmed a jury verdict of nearly $17 million against the entity that rejected a proposal only its ARC could reject.
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Maryland has ordered a building-by-building reserve shortfall census of its older condos, due 1 December
Chapter 779 requires DHCD to report to the General Assembly on every Maryland condominium building over 40 years old — including the gap between what each reserve fund holds and what it is required to hold.
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Maryland's fix for its own election law died in both chambers without a hearing vote
HB 955 and SB 955 would have limited the independent-party election requirement to genuinely contested races. Both died, so every Maryland condominium and HOA election — including uncontested ones — still needs an independent party.
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Maryland's association sign-protection window grew to 45 days, and it was law the day it was signed
Chapters 289 and 288 extended the period in which a Maryland condominium, HOA or co-op may not restrict candidate and ballot-proposition signs from 30 days to 45 — effective on the Governor's signature, 28 April 2026, in time for this year's election.
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Maryland community managers remain unlicensed after a fourth straight bill died in committee
HB 853 would have created a State Board of Common Ownership Community Managers inside the Department of Labor, with mandatory licensing and a 2032 sunset. A second bill would have licensed managers as real-estate brokers instead. Both died.
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Maryland passed utility bill relief and left master-metered co-ops and condos out of it
The Co-Op and Condo Energy Refund Equity Act would have redirected energy-fund revenue to residential customers in FY 2027. It died in both chambers, while the broader ratepayer-relief bill became Chapter 353.
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Maryland's owners' bill of rights has now died in four consecutive sessions without a single committee vote
HB 537 would have given a million Marylanders in community associations secret ballots, neutral election administration, recall rights, cross-examination at fining hearings, and half-price amenity access. It carried a $316,100 first-year cost.
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Maryland strips governing documents of the power to stop a board installing EV chargers
Chapter 753 takes effect 1 October 2026 and applies retroactively: a Maryland condominium or HOA declaration can no longer unreasonably restrict the governing body from putting charging equipment in common parking.
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Maryland's HOA oversight bill passed the House 99-35, then no Senate committee ever voted on it
HB 402 would have created a state Oversight Division, a public governing-document database and a whole new Title 11C of the Real Property Article. It reached the Senate, got a hearing, and was never brought to a vote.
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Baltimore County associations have failed three times to win the power to sue over a nuisance property
HB 305 would have let community associations bring nuisance-abatement actions in Baltimore County and repealed the bond requirement that deters them. It passed the House and died in Senate Judicial Proceedings — again.
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A bill giving Maryland owners a veto over common-area work above $1,000 died without a vote
HB 1577 would have barred any condominium, co-op or HOA board from substantially altering a common area without majority owner approval, exempting only ordinary repairs and jobs under $1,000. Maryland law still says nothing on the subject.
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A cap on Maryland's HOA capital-contribution fees passed the House 136-0 and died without a Senate vote
HB 1506 would have limited the initial capital contribution charged to a buyer at closing to three times the monthly assessment, and required it to be named in the resale certificate. Maryland still has no limit at all.
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Anne Arundel HOAs asked to run their own sewerage systems. Both bills died without a vote
HB 1424 and SB 682 would have let an Anne Arundel County homeowners association operate a community sewerage system as the controlling authority, with the Maryland Environmental Service as a backstop if it failed.
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Maryland's House voted 133-0 to record every HOA board meeting. The Senate never took it up
HB 1362 would have required audio or video recording of all condominium and HOA board and committee meetings — with an amendment letting any owner present veto the recording. It died in Senate Judicial Proceedings without a vote.
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The bill to halve Maryland's resale-package fee got a favourable Senate report on the last day and never reached a vote
HB 1132 would have cut the condominium and HOA resale certificate fee cap from $250 to $100 and the delivery window from 20 days to 10. It passed the House 130-0 and cleared Senate second reading on sine die day.
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A Maryland property manager got 20 years for running a Ponzi scheme through the HOA accounts she managed
She moved money between association accounts to hide the holes, fabricated bank statements, and took close to $600,000 across four years. More than 250 households were affected, and a board found it, not an auditor.
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Maryland requires a reserve study every five years. Fannie Mae will want one every three
From 4 January 2027 a condominium avoids the higher GSE reserve floor only with a study from the last three years funded at the highest recommended level — so a Maryland association can be fully compliant with state law and still fail.
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A Maryland court cannot raise an HOA's judgment after throwing out the homeowner's appeal
The Supreme Court of Maryland vacated a circuit court order that dismissed a homeowner's de novo appeal and then entered a money judgment larger than the District Court's — the dismissal ends the matter and reinstates the original number.
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Gaithersburg pulled its associations out of Montgomery County's HOA commission
Four years after opting in, the city repealed it: from 1 July 2025 Gaithersburg community associations are no longer required to register with the CCOC, and Chapter 10B no longer applies inside city limits.
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The federal filing Maryland HOA boards were warned about for three years is permanently gone
A FinCEN final rule effective 14 August 2026 removes beneficial-ownership reporting for US companies and US persons — and the agency will delete what was already filed.
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Maryland associations may charge $50 a year for a child care home, and a 55-plus condo gets no exemption
Chapter 375 of 2025 bars condominiums, HOAs and co-ops from prohibiting a licensed family child care home. Age-restricted cooperatives are exempt — and the age-restriction exemption was removed from the condominium and HOA statutes.
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A Maryland HOA banned short-term rentals after one owner started, and the ban reached him too
The Appellate Court of Maryland held the circuit court erred in declaring a Queen Anne's County declaration amendment unenforceable against the owner who was already renting — the fullest reading yet of the HOA Act's amendment power.
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Maryland's largest HOA removed three elected directors in closed session. A judge has not yet ruled
Columbia Association removed three village representatives on a five-of-nine vote after an ethics investigation. They sued for reinstatement, were denied a restraining order, and a Howard County judge has reserved decision since 1 July.
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A $3,871 HOA judgment cost a Maryland homeowner her house, and paying it off did not undo the sale
The Supreme Court of Maryland held 4-3 in July that a judgment debtor's post-sale satisfaction cannot be raised as an exception to a sheriff's sale — even where the HOA itself asked the court to vacate it.
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Baltimore City began twice-yearly inspections of problem rental buildings in January, and rented condos are in scope
The Strengthening Renters' Safety Act took effect for priority dwellings on 1 January 2026: buildings of 20 or more units with ongoing safety problems face at least two city-directed inspections a year and licence revocation.
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Maryland already has an HOA regulator — it is the Attorney General, and nobody voted for it this year
Chapter 512 of 2025 deleted the words limiting the Consumer Protection Division to violations "affecting a consumer" and handed it authority to write regulations under both the Condominium Act and the HOA Act. It has not used it yet.
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Every Maryland county and city must legalise ADUs by 1 October, and association declarations are about to look out of date
Chapter 197 of 2025 barred HOAs from unreasonably limiting accessory dwelling units and gave every Maryland local government until 1 October 2026 to adopt a permitting law. That deadline is nineteen days away.
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Every Maine bill you were tracking is dead — here is the 2027 calendar
The 132nd Legislature adjourned sine die at 8:32 p.m. on 29 April 2026, nothing carries into the 133rd, and the default effective date for 2026 laws was 29 July. What survives, and what has to start over.
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Maine Law Court vacates a condo foreclosure that shut out a disability counterclaim
In Tidewater Loft Condominium Ass'n v. Moskal-Kanz, the Law Court vacated a $58,885.48 foreclosure judgment in its entirety because the trial court told the unit owner her Fair Housing Act counterclaim was “not part of this trial.”
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Maine now allows three units per lot by right — and your covenants still win
P.L. 2025, c. 385 raised as-of-right residential density to three units per lot, four in growth areas, and removed planning-board approval for four units or fewer. The private-covenant carve-out at § 4364-B(11) is unchanged since 2021.
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Maine's property-tax task force reports on 15 December, and condos are not in its scope
The Real Estate Property Tax Relief Task Force created by Resolve 2025, chapter 108 delivers final recommendations with suggested legislation by 15 December 2026 — aimed at owners' tax bills, not association operations.
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Portland's short-term rental cap is now a formula, not a number
The city replaced its flat 400-unit ceiling with 1.5 percent of the long-term rental stock, recalculated annually, and voters ratified tighter owner-occupancy proof with 67 percent of the vote.
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Maine legalised balcony solar — and left associations out of the statute
P.L. 2025, c. 644 authorises plug-in solar devices up to 1,200 watts and bars utilities from blocking them, but unlike the EV-charging law it contains no override of condominium or HOA restrictions — and expressly requires compliance with them.
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A Maine declarant can withdraw land without the 80 percent owner vote
The Village at Ocean's End Condominium Ass'n v. Southwest Harbor Properties holds that 33 M.R.S. § 1603-112(a)'s 80 percent threshold governs conveyances by the association, not a declarant exercising reserved development rights.
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A Maine occupant who does not own the unit cannot join the association's foreclosure
Oak Hill Condominiums v. Marchetti holds that a daughter living in her mother's condominium unit has no Rule 24 interest in the association's assessment foreclosure, even to press her own Fair Housing Act claims.
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Maine's official housing numbers do not count condominiums
The Maine Association of Realtors reports existing single-family homes only. The best available condominium read for the first half of 2026 comes from a brokerage report — and it shows sales down 2.5 percent.
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Verified: no Maine statute governs a homeowners association
Title 33 runs to 39 chapters and exactly three touch common-interest housing — two condominium acts split at 1 January 1983, and timeshares. Planned communities of single-family homes appear nowhere.
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The flood-insurance programme's authority expires on 30 September
NFIP authorisation lapses at 11:59 p.m. on 30 September 2026 unless Congress acts. Existing policies run their term, but no new or renewal policies can be issued during a lapse — a live problem for any Maine closing after 1 October.
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Maine's 2021 code cycle now governs every common-element rebuild
The Maine Uniform Building and Energy Code moved to the 2021 International Code Council editions on 7 April 2025, which changes what a reserve-funded roof, envelope or mechanical replacement actually costs.
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Maine strengthened mobile home park residents' right to buy their park
P.L. 2025, c. 394 rewrote 10 M.R.S. § 9094-A: an owner must negotiate in good faith, may not reject an offer solely for containing a financing contingency, and residents may assign their first option to a housing authority or nonprofit.
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A judgment against your Maine association is not a lien on the units
In Maples v. Compass Harbor Village Condominium Association, the Law Court held that 33 M.R.S. § 1603-117 routes a judgment creditor of an association into District Court disclosure proceedings, not a Superior Court suit against individual units.
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The bill to give Maine a community-association code contained one paragraph
LD 760 was filed as a Joint Rule 208 concept draft with no operative text at all, and was replaced by a study commission at its first work session five weeks later — so there is no draft Maine code to analyse.
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Maine capped mobile home park lot-rent increases at once a year
LD 2231 took effect on 29 July 2026: lot rent may rise only once annually, new homes are easier to site in existing parks, and residents get a new route into the mortgage market.
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Maine's four-units-per-lot ADU bill died under Joint Rule 310
LD 1272 would have allowed up to four dwelling units per lot and barred municipal owner-occupancy and ADU sprinkler mandates. It was killed administratively on 27 May 2025 — and it never threatened private covenants anyway.
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Maine's short-term-rental classification bill died on a 16-16 Senate tie
LD 1181 would have let municipal assessors code a non-owner-occupied short-term rental as “commercial in use.” The majority report failed on a tied Senate vote on 5 June 2025 and the bill is finished.
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Miss 1 June and Maine can dissolve your association
Nearly every Maine HOA and COA is a Title 13-B nonprofit corporation owing a $35 annual report by 1 June. The Secretary of State mails no formal notice, and unpaid late penalties lead to administrative dissolution.
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Maine's hurricane deductible only applies while a warning is active
Rule Chapter 950 lets an insurer apply a hurricane deductible only while the location is under an active National Weather Service hurricane warning, ending 24 hours after it expires — with mandatory policyholder notice.
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Maine's roof-grant programme excludes condominiums by name
Fortify Maine Homes pays up to $15,000 toward a fortified roof — but its eligibility rules rule out condominiums, seasonal residences and rentals, and the Bureau of Insurance says applications stay closed until 2027.
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FHA widened who may file a condominium project approval
HUD Mortgagee Letter 2025-23 expanded the list of parties who can submit a condominium project for FHA approval, for case numbers assigned on or after 1 January 2026 — useful where an approval has stalled for want of a filer.
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Fannie Mae's reserve floor rises to 15 percent on 4 January 2027
Lender Letter LL-2026-03 raises the minimum reserve allocation from 10 to 15 percent of budgeted assessment income, retires Limited Review for established projects, and ends the practice of accepting baseline reserve funding.
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The January 2024 storms drew $57 million in federal money to eight Maine counties
FEMA's DR-4764-ME declaration covering Maine's 9–13 January 2024 coastal storms has obligated roughly $57.47 million — the documented event behind today's hard insurance market and the state's new resiliency funding.
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Maine's Condominium Act went untouched from 2024 to 2026
A section-by-section read of all 44 pages of Title 33, chapter 31 finds one amendment since 2023 — and it is not about records, reserves, elections or inspections. Everything new for Maine associations was enacted outside the Act.
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Maine's community-association commission meets for the first time on 30 September
The 12-member commission created by Resolve 2025, chapter 167 has all its seats filled, chairs named, and a report due 1 December 2026 — and its first meeting is eighteen days from now.
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A $45 million jetty at Camp Ellis, and what it says about who pays for erosion
Saco is getting a 750-foot spur jetty and 365,000 cubic yards of sand after a century in which 38 homes were lost and the shoreline receded 400 feet. Federal money is the exception, not the rule.
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Camden inspects every three years; Kennebunk counts to fifteen days
Two Maine coastal towns brought short-term rental ordinances into force on 1 January 2025 on very different designs — Camden licensing and inspecting with no unit cap, Kennebunk registering anything rented for fifteen days or less.
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Maine's insurance regulator confirms condo master policies can be dropped for any reason
The Bureau of Insurance's September 2025 availability report names condominium associations as a tightening line and states plainly that commercial policies carry none of the cancellation protections homeowners policies have.
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Maine Bulletin 483: a blurry satellite photo is not enough to drop a policy
The Bureau of Insurance's March 2025 bulletin on aerial imagery in homeowners underwriting sets out what insurers should do before relying on a drone or satellite image — and it contains none of the numeric deadlines third-party summaries attribute to it.
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A developer's missed deadline does not end its promises to a Maine association
Beane v. Village on Great Brook vacated a dismissal and held that whether a 1 March 2023 approval deadline was material to a developer-association settlement is a question of fact, not a Rule 12(b)(6) ruling.
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Bar Harbor rewrote its vacation-rental rules and dropped the inspection-consent clause
The Town Council unanimously adopted a revised short-term rental ordinance on 19 November 2025: three of seven documents to prove primary residence, a $1,500 minimum fine, and no renter consent to inspections.
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Maine's EV-charging law is live, and board silence past 60 days is an approval
33 M.R.S. § 576-A took effect on 1 January 2026: declaration provisions banning chargers are void, the board must decide within 60 days or the application is deemed approved, and the prevailing party gets attorney's fees.
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A developer cannot open a second front in the Land Court
Woodlands View LLC v. Ferree held Rule 12(b)(9) required dismissal of a Land Court action duplicating a pending Superior Court case brought by five condominium trusts, but without prejudice.
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What happens next: the Massachusetts condo refile queue for 2027
Formal sessions ended 31 July 2026 and the 194th General Court ends 5 January 2027. Only two 2027 dates are published, and the filing deadline for the 195th is not one of them.
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Massachusetts replaced the zoning variance standard
Chapter 137 of the Acts of 2026 struck and replaced G.L. c. 40A section 10. The substantial hardship test becomes practical difficulty, and variance rights now run two years with up to two more.
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Massachusetts filed two animal study commissions. Both died
H.1534 would have studied access to emotional support animals in housing; S.1254 and H.4371 would have studied intentional misrepresentation of a service animal. Neither survived the 194th General Court.
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Nineteen Massachusetts towns want a transfer fee. The Legislature approved none
S.1937 got the best committee report a transfer fee bill has received and stopped in Senate Ways and Means. In Boston and Cambridge, a fee on million-dollar sales would fall heavily on condo sellers.
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A Massachusetts court ordered a condo trust to buy a dissenting owner out
Counsel describe Samuels v. Stratford Condominium Trust as the first known court-ordered buy-back in Massachusetts under c. 183A section 17. The trust paid $835,000 and satisfied the judgment in January 2025.
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Both Massachusetts sprinkler bills stalled, one eight days from the deadline
H.2586 would have required retrofit sprinklers in pre-1975 high rises and was sent to study. H.2644, clarifying sprinkler standards for rehabilitated buildings, passed the House on 23 July 2026 and got no Senate action.
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Massachusetts condo solar: the covenant is void, the array needs 75 percent
Section 85 of Chapter 239 of the Acts of 2024 carved solar out of the association's energy-measure power and routed its installation to c. 183A section 18, the improvements supermajority.
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The SJC struck the rent control question off the November 2026 ballot
The Court held on 23 June 2026 that an exemption for facilities operated solely for educational, religious or non-profit purposes made religion a factor, violating Article 48.
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Healey's single-stair executive order, and the bill that never reported
Executive Order 651 created a technical advisory group on single-stair multifamily buildings above three storeys, with a report due within 12 months. It mandates no code change.
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Massachusetts removed the registered-land shortcut from c. 183A section 16
Section 46 of the Affordable Homes Act struck and replaced c. 183A section 16. Recording a master deed over a part-registered parcel is no longer, by itself, grounds to withdraw the registered portion.
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A bill for 40B condo owners squeezed by market-rate fees died
S.985 would have established an expense reimbursement programme for 40B condominium units, whose owners face capped resale prices but uncapped common expense assessments. It died in December 2025.
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Cambridge demolished a 66-unit condominium and billed the owners
Structural defects found during 2023 roof repairs at 221 Mount Auburn Street led to evacuation, a city-run demolition, and a municipal lien. Some owners may see no proceeds from the land sale.
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Massachusetts right to charge: a condo board has 60 days or it is approved
M.G.L. c. 183A section 10A bars condominium and homeowners associations from unreasonably restricting an owner's EV charger, and deems an application approved if not denied in writing within 60 days.
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Massachusetts reserve study mandate died in Ways and Means
Section 4 of S.980 and H.4826 would have set a minimum annual reserve contribution and required a 10-year capital reserve study for associations of 50 or more units. Neither bill got a vote.
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Question 7 would legalize starter homes, and create more HOAs
The only housing question on the 3 November 2026 Massachusetts ballot would permit single-family homes on any residentially zoned lot of at least 5,000 square feet with 50 feet of frontage.
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Massachusetts voids policy clauses barring a condo association's public adjuster
Chapter 187 of the Acts of 2026, approved 7 August 2026, makes any policy provision conditioning recovery on not retaining a public insurance adjuster unenforceable, and an unfair claim settlement practice.
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A Boston manager collapsed owing ~200 condo associations answers
Trustees of a South End condominium allege $805,000 in insurance proceeds left their accounts through 64 unauthorised wire transfers. The manager has made an assignment for the benefit of creditors.
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Multifamily over 12,000 square feet must meet Passive House in opt-in towns
The Specialized Code at 225 CMR 23.00, amended effective 14 February 2025, requires Passive House compliance for multifamily buildings exceeding 12,000 square feet in municipalities that adopt it.
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Ten Massachusetts towns went fossil-fuel-free. Newton's exemption just closed
The municipal fossil fuel-free demonstration programme lets ten communities require new construction and major renovations to be fossil-fuel-free. Newton ended its gas cooking exemption on 1 January 2026.
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Nantucket legalized short-term rentals, and the AG was asked to void it
A November 2025 Special Town Meeting restored zoning language recognising renting as a lawful principal use, 1,045 to 421. A December filing argues the vote violates the two-year bar in c. 40A section 5.
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MCAD breaks with HUD: Massachusetts condo boards must still allow ESAs
HUD narrowed federal assistance animal protection in May 2026. On 31 July 2026 MCAD said that does not modify Massachusetts law, and that denying a request on the federal definition alone may itself violate c. 151B.
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The DPU cut $500 million from the plan that funds condo weatherization
Massachusetts utilities proposed over $4.99 billion in efficiency and decarbonization spending for 2025 to 2027. The Department of Public Utilities approved the plans with a roughly $500 million reduction.
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Limited Review is gone and master deductibles are capped at $50,000
Fannie Mae and Freddie Mac eliminated Limited Review for applications from 3 August 2026 and capped the master policy deductible at $50,000 per unit, pushing Massachusetts associations into full document production.
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An owner cannot sue over common area without the condo trust
Hyman v. Conway affirmed dismissal of a unit owner's encroachment suit: c. 183A section 10(b)(4) gives the organization of unit owners authority over common-area litigation, and the trust must be joined.
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A condo manager licensing bill gets its hearing today, six weeks too late
H.5516 would license condominium managers with an exam and $250,000 in E&O coverage, and require board member training within 90 days. Its hearing is 10 September 2026, written testimony only.
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A bill would let one co-owner force a two-unit building into condominium form
H.5314 would let a tenant in common petition the Land Court to partition a two-unit building by converting it into two condominium units, with the court directed to order it.
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Massachusetts solar covenants are already void. The enforcement bill died
H.3496 would have added a 60-day deadline, a numeric test for unreasonable restrictions, and a private right of action with fee shifting to the existing void rule in c. 184 section 23C.
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Massachusetts condo flag display bill sent to study
H.1555 would have barred condominium associations from prohibiting display of the United States flag, Armed Forces flags and the POW/MIA flag. It died in study order H.5352 on 13 April 2026.
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Massachusetts bill would have banned condo proxies and abolished the quorum
H.1539 would have prohibited proxy voting, removed any quorum requirement for condo elections, barred sitting board members from handling absentee ballots, and set a three-day results deadline.
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Massachusetts condominium study commission died again
H.1538 would have seated a seven-member commission with reserved seats for an owner-side attorney and a non-trustee unit owner, reporting by 1 January 2027. It never left House Ways and Means.
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Massachusetts condo ombudsman bill, funded by a $50 sale fee, died
H.1523 would have created an Office of the Condominium Ombudsman in the Attorney General's office and a mediation pilot, paid for by a $50 fee on condominium sales. It cleared committee and stopped.
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Massachusetts associations must permit accessibility modifications, not fund them
Geezil v. White Cliffs Condominium Four Association held an association is not an owner under c. 151B section 4(7A), overturning the position MCAD had taken since 2010.
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The Corporate Transparency Act question is closed for Massachusetts associations
FinCEN's final rule, announced 11 August 2026 and effective 14 August 2026, permanently ends beneficial ownership reporting for domestic reporting companies, which covers essentially every association.
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Land Court: a condo board's architectural denial gets no absolute protection
In Feldman v. Sanctuary Condominium Association the Land Court ordered a Salem board to permit an owner's own-expense repair after 37 years of refusals, finding the denial inconsistent and unsupported.
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Fannie Mae's reserve floor rises to 15 percent in January 2027
Fannie Mae and Freddie Mac raised the minimum reserve contribution from 10 to 15 percent of budgeted assessment income effective 4 January 2027, with a reserve study exception that most associations cannot meet.
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Fannie Mae's ineligible project list, and how to find out if you are on it
The list of projects ineligible for conventional financing has grown from a reported 1,400 to over 5,000. Insufficient master insurance and critical repairs are the leading reasons.
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Massachusetts already had an electronic condo meeting law. The bill to add one died
H.1522 would have inserted a new c. 183A section 24 authorising remote meetings and electronic voting. That section number was already taken: the Affordable Homes Act enacted it in August 2024.
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Massachusetts limits what an insurer can do to a roof it only saw from the air
Division of Insurance Bulletin 2025-02 says cosmetic roof discoloration cannot be the sole basis for non-renewal, and a November 2025 advisory warns about fake roof-flagged mailers.
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Every Massachusetts condo policy would pay for crumbling foundations
The Crumbling Concrete Stakeholder Working Group's March 2026 report recommends a $6 to $12 per-policy annual surcharge, with condominium policies expressly inside the revenue base.
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SJC: signatures on a petition prove majority support for a resident purchase
Crown Communities LLC v. Austin upheld a manufactured housing resident association's right of first refusal and rejected c. 93A claims against the competing buyer's resident outreach.
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Massachusetts condo owners' rights bill died twice in one session
The same eight-section rewrite of the Condominium Act was filed as S.980 and again as H.4826, cleared two different committees, and reached no floor vote before formal sessions ended on 31 July 2026.
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Bill would have put Massachusetts condo records on a 10-day clock
S.980 and H.4826 would have given self-managed associations 10 business days and professionally managed ones 5 to produce records, with a $100 daily penalty. Both died without a floor vote.
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Massachusetts condo days on market rose 23.7 percent in four months
MLS PIN data showed average days on market for Massachusetts condominiums reaching 73 days by mid-September 2025, with the median sale price down 3.2 percent year over year to $600,000.
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A four-word change put 124,400 Massachusetts buildings under the conversion law
Section 57 of the Affordable Homes Act inserted owner-occupied into the Condominium Conversion Act's small-building exemption, bringing tenanted two- and three-family buildings into coverage.
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SJC: the statute of repose does not bar a contractual indemnity claim
Trustees of Boston University v. Clough, Harbour held that G.L. c. 260 section 2B applies only to actions of tort, so an express contractual indemnification claim survives past six years.
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Massachusetts nonconforming condo buildings can now expand as of right
Chapter 137 of the Acts of 2026 rewrote G.L. c. 40A so that structures nonconforming on lot size, frontage, coverage or FAR may be extended without a special permit granting authority finding.
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Going to a regulator does not shield an owner from a master deed suit
In Cash Energy Condominium Association v. Cashins the Appeals Court affirmed denial of an anti-SLAPP special motion, holding the association's claims had a substantial basis beyond the owners' petitioning.
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Appeals Court: trustees cannot bill one owner 100 percent of a defence
In a Rule 23.0 decision the Appeals Court held c. 183A section 6 bars assessing an owner beyond their percentage interest absent misconduct, and awarded fees and double costs against the trustees.
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Boston City Council passed an expanded condo conversion ordinance
Docket #0766 extending tenant protections in condominium and cooperative conversion passed in a new draft on 3 December 2025. The amended text has not appeared on the city's ordinance page.
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Massachusetts ADU-by-right does not override a condo or HOA restriction
The Affordable Homes Act made a single accessory dwelling unit by right in single-family districts from 2 February 2025. Neither the statute nor 760 CMR 71.00 preempts a recorded covenant or master deed.
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Massachusetts junk fee rules took effect. Nobody has said if they reach condo fees
940 CMR 38.00 took effect 2 September 2025, requiring total-price and fee disclosure with c. 93A liability. The Attorney General's guidance names insurance and rental housing, but not condominium or HOA fees.
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If your master policy leaves Citizens, your producer approves it — not your board
Louisiana Citizens ran depopulation Round 23 to an April 1, 2026 assumption date on a fixed calendar the policyholder does not control, and under R.S. 22:1474 the assuming insurer must secure the approval of the producer of record — not the insured.
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Your master policy is not “homeowners insurance” in Louisiana, and that decides which protections apply
R.S. 22:47(15) confines “homeowners' insurance” to a policy on a one- or two-family owner-occupied premises. Every 2025-2026 Louisiana instrument addressed to homeowners insurers therefore misses association master policies — including the nonrenewal-plan regulation boards keep citing.
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Louisiana's wind-mitigation money is written to exclude condominiums
The Fortify Homes grant, the new $10,000 fortified-roof tax credit and the retrofitting deduction are all keyed to a homestead exemption, and two of them exclude condominiums by name. The premium-discount mandate, by contrast, expressly covers commercial property.
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Nothing is pending for 2027 — and Louisiana's fiscal-session rule is why HOA bills move in even years
As of September 10, 2026 the 2027 Regular Session does not exist on the Legislature's site and nothing is pre-filed. Because odd-year sessions are limited to fiscal matters, a Louisiana community-association bill has to occupy one of a member's five constitutional prefiling slots.
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A new super-priority privilege reaches master-metered Louisiana multifamily property
Act 99 of 2025 gave municipalities a recorded privilege against multifamily residential property of more than four units served by a master meter, for unpaid water and sewer charges. Act 575 of 2026 extended it to parishes, sewerage districts and waterworks districts.
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Two new Louisiana study bodies will report before the 2027 session, and one wants to hear from HOAs
HR 196 created a special study committee on fallen trees, property values and insurance, and named homeowners' associations among the stakeholders it must consult. HCR 117 asks the Law Institute to stand up a HOPE Committee on Louisiana Citizens claims handling.
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Three Louisiana local governments say in writing that their rental rules do not touch your covenants
St. Tammany's ordinance recites that nothing in it alters recorded restrictions or ratifies past violations; Lafayette's summary says its regulations do not supersede private covenants; and East Baton Rouge's own planning record says covenants can prohibit short-term rentals where zoning does not.
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Louisiana has an estoppel statute now: ten business days, and it binds the association
R.S. 9:1145(D) requires a Louisiana condominium or planned-community association to furnish a statement of unpaid assessments within ten business days of a request made in a record, and makes that statement binding on the association.
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Tightening a Louisiana HOA's use restrictions now takes more than 80% of the whole association
R.S. 9:1141.14 requires a supermajority to amend a declaration to restrict use, grandfathers uses already under way, treats a minimum-lease-term rule as more burdensome, and routes tougher design standards through a separate two-thirds vote with a forty-percent-of-value trigger.
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Louisiana HOA members now have a statutory records right, with seven grounds to refuse
R.S. 9:1141.36 gives lot owners, their agents and buyers under contract a right to examine eleven categories of association records, and gives the association seven enumerated grounds for withholding.
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Camera speed enforcement on Louisiana private streets is now effectively barred
R.S. 32:43 and 32:47, as amended by Act 107 of 2025, confine automated speed enforcement to posted school zones, require a sworn or POST-certified operator, bar contractors from operating the devices, and provide that equipment off a public right-of-way is not authorised to use them at all.
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Louisiana doubled property insurance cancellation notice to sixty days — in two separate acts
Act 182 of 2025 changed the policyholder bill of rights and the cancellation and nonrenewal statutes from thirty days to sixty, effective July 1, 2026, and added a duty to state the cause. Act 848 of 2026 made the matching change inside the Standard Fire Policy form.
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A bill giving Louisiana HOAs standing to sue nearby short-term rentals passed the Senate 29-7 and died
SB 225 of 2025 would have created a statewide cause of action against unlicensed or non-conforming short-term rentals and expressly named homeowners, condominium and neighbourhood associations as plaintiffs. It cleared the Senate and died in House Civil Law and Procedure.
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Louisiana expanded its Religious Freedom Act in 2025. It does not reach your HOA
Act 358 of 2025 broadened the Preservation of Religious Freedom Act, and it is being cited in disputes over religious displays in community associations. The statute constrains government action; a homeowners association is a private juridical person, and Louisiana has no religious-display statute for associations at all.
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Louisiana's association lien machinery was rewritten, and it now runs on two different clocks
Part III of the Chapter — R.S. 9:1145 through 1148, which governs both condominium and planned-community associations — now sets a thirty-day demand, a mandatory payment-application order, priority from recordation, and a one-year or five-year deadline to file a notice of pendency depending on what the assessment was for.
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Louisiana's building-restriction prescription bill died on the calendar — and the question went to the Law Institute
HB 1255 of 2026 would have reversed the practical effect of McCormick v. Ford on when a subdivision-regulation violation begins. It was called from the calendar three times and never voted on. The House then adopted HR 335 91-1, sending the question to the Law Institute with a March 1, 2027 report date.
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A Louisiana HOA used bankruptcy to amend covenants 12 votes to 6, against a 66⅔% threshold
A St. Tammany townhouse association in Subchapter V shifted exterior maintenance and insurance onto owners after a ballot in which 18 of 53 units voted. The court found the adjusted voting requirement fair and equitable under 11 U.S.C. §§ 105(a) and 1123(a)(5), citing that section's power to override contrary state law.
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Louisiana's Planned Community Act reached existing HOAs on January 1, 2026
Act 158 of 2024 replaced Louisiana's nine-section Homeowners Association Act with a fifty-section statute modelled on the Uniform Common Interest Ownership Act, and its delayed second effective date brought pre-2025 communities in eight months ago.
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From July 2026 the state construction code, not NFPA 101, governs Louisiana plan review
The State Fire Marshal replaced a plan-review standard that had stood since 2017. Anything built or remodelled in Louisiana except a one- or two-family dwelling is now reviewed against the Louisiana State Uniform Construction Code's fire-protection, egress and accessibility provisions.
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A claim payment no longer buys a Louisiana association more time to sue
The Louisiana Supreme Court held in March 2026 that an unconditional payment interrupts prescription on a first-party property claim. Ninety-five days later the Legislature reversed it — and the replacement written-notice protection reaches only homeowners policies, not association master policies.
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Louisiana HOA board meetings are open by statute, and executive session has five permitted subjects
R.S. 9:1141.26 opens board and committee meetings to owners, limits executive session to five subjects, bars any final vote there, requires thirty days' notice, and shuts the door on challenges after sixty days.
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The only bill to touch Louisiana's solar-rights statute would have narrowed it — and failed 46-53
R.S. 9:1255 bars unreasonable restriction of a solar collector but self-limits against building restrictions requiring prior approval. HB 615 of 2025 would have added the words “for residential purposes” and inserted permitting into the carve-out. The House rejected it on final passage.
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Louisiana has no milestone inspection and no reserve mandate, and nothing was filed to create one
Five years of post-Surfside legislating elsewhere produced no Louisiana analogue. Established positively: the word “condominium” appears zero times in the entire 2025 Louisiana Register, no such bill was filed in 2025 or 2026, and the Condominium Act carries no 2025 or 2026 amendment at all.
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No Louisiana agency registers an HOA, licenses its manager, or takes a complaint about it
Established from the agencies' own publications: zero Attorney General opinions on community-association law in twenty months, zero occurrences of “condominium” or “homeowners association” in the Real Estate Commission's rules, no state registry of associations, and a property-management rule confined to buildings of four units or fewer.
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Louisiana's once-a-year named-storm deductible stops at $20 million of insured value
R.S. 22:1267.1 makes a commercial named-storm deductible apply annually rather than per storm — except for policies with a total insured value of $20 million or more, and except for surplus-lines placements. It was not amended in 2025 or 2026.
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A 1982 Shreveport declaration renews forever, and its “residential purposes” clause stopped an Airbnb
The Second Circuit held that covenants “automatically extended for successive period of ten (10) years” renew indefinitely, and affirmed a permanent injunction against short-term rental use — without relying on the association's own later amendment, which was never recorded.
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The body that rewrote Louisiana's HOA law has finished a Condominium Act rewrite for 2027
The Louisiana State Law Institute told the Legislature in April 2026 that its Common Interest Ownership Regimes Committee has completed its review of the Condominium Act and hopes to recommend legislation in the 2027 Regular Session. The same committee produced the 2024 Planned Community Act.
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A grievance about a Louisiana board's decision prescribes in one year, not ten
The Second Circuit affirmed dismissal of a suit over a relocated mail kiosk, holding the claim delictual rather than contractual because the declaration's statement of intent to promote members' health, safety and welfare is not an enforceable duty. It is also the first appellate decision to apply the Planned Community Act.
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Louisiana HOAs must now carry liability insurance on the common areas — to the extent it is available
R.S. 9:1141.30 creates an affirmative liability-insurance duty for Louisiana planned-community associations, qualified by “to the extent reasonably available,” with a duty to tell the owners when it is not. It imposes no property-insurance mandate at all.
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Louisiana's Homeowner Bill of Rights died 9-0 in committee, and its sponsor says he will be back
HB 817 would have written assessment caps, fine ceilings, mandatory owner portals, an Attorney General complaint database and an outright ban on fine liens and foreclosure into the Planned Community Act. It was voluntarily deferred on April 7, 2026 and died at sine die.
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A bill letting Louisiana condo associations reach homestead equity passed 96-0 and 38-0. The Governor vetoed it
HB 343 of 2025 would have added unpaid and accelerated condominium assessments to the debts the homestead exemption does not shield. It cleared both chambers unanimously, was vetoed on June 23, 2025, and no veto session was held.
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Louisiana HOAs may fine — and may not be arbitrary or capricious about it
R.S. 9:1141.20 gives Louisiana planned-community associations an express power to impose reasonable fines, discretion over whether to enforce, a bar on arbitrary or capricious enforcement decisions, and two hard limits on suspending an owner's privileges.
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What is left of New Orleans's short-term rental rules after two Fifth Circuit rulings
Hignell-Stark struck the business-entity permit ban and the one-unit-per-advertisement rule in October 2025. Bodin upheld the one-licence-per-block cap and the platform verification rules in August 2026. Neither touches an association's power to restrict by covenant.
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Louisiana's only recurring inspection duty on condominium buildings is the elevator
Act 297 of 2025 amended R.S. 40:1646 and the State Fire Marshal stood up a conveyance-device regime by emergency rule effective January 1, 2026: owner registration, an annual witnessed inspection, a certificate in the car, and a five-year full-load test from July 1, 2028. The permanent rule is still not codified.
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Owners' records suit against a Louisiana POA was revived — and the pleading is the lesson
The Fourth Circuit held the petition failed to allege the association refused to allow examination, then reversed the dismissal so the owners could amend, and sent back a Public Records Act claim against the association's security district that the trial court had never ruled on.
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Louisiana's condominium insurance floor is 80% of actual cash value, and it did not move
R.S. 9:1123.112 was last amended in 2019 and carries no 2025 or 2026 change. It sets a statutory minimum measured after deductibles, requires notice to owners if coverage lapses, and makes repair cost above insurance proceeds and reserves a common expense.
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Citizens' statutory ten-percent penalty is suspended until the end of 2027 — and it reached commercial policies
R.S. 22:2303(D)(1) normally requires Louisiana Citizens to price at least ten percent above the market. That requirement is suspended through December 31, 2027, and Citizens implemented the relief on its commercial book by dividing premium by 1.10.
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You cannot benchmark your master policy against the Citizens rate in the news
Citizens publishes a statewide percentage for personal lines — 3.1% for 2026 — and no percentage at all for the commercial book that carries association master policies, which was re-based onto a different rating manual in November 2025.
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The Citizens emergency assessment came off every Louisiana policy — including yours
Louisiana Citizens ended its 1.36% emergency assessment on all residential and commercial property policies effective April 1, 2025, fifteen months ahead of schedule. Any board still budgeting the line as a percentage of master-policy premium is budgeting a zero.
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Louisiana HOA budgets now go to the owners for ratification
R.S. 9:1141.34 requires associations of more than twenty-five lots to put the budget to a ratification vote, keeps the last ratified budget in force if the vote fails, and lets two-thirds of the directors present impose an emergency special assessment immediately.
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Louisiana owners can now remove an HOA director by majority vote, with or without cause
R.S. 9:1141.39 gives lot owners a removal power that overrides contrary community documents, while R.S. 9:1141.21 fixes board composition at three or more lot owners and lists six things a board may not do.
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Beneficial-ownership reporting is permanently off for Louisiana associations, and the state says so
FinCEN finalised in August 2026 the relief it granted in March 2025: only foreign-formed entities registered to do business in a US state are reporting companies. Louisiana's Secretary of State carries the same message and confirms it collects no beneficial-ownership information itself.
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Three missed months in eight lets a Louisiana HOA accelerate a year of assessments
R.S. 9:1141.32 makes assessments annual and budget-based, fixes personal liability on the owner during ownership, and sets an acceleration trigger of three or more missed months in any eight-month period after notice of delinquency.
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A pending Ascension Parish rewrite would push subdivision rear-yard drainage onto private owners
The draft would require rear-yard drainage in major subdivisions to be privately owned and maintained, freeze open-ditch subdivisions as open-ditch “in perpetuity,” and tighten detention design to a 50-year storm. The existing code already carries a $100-a-day penalty for encroaching on a drainage servitude.
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Louisiana's construction code already requires state plan review for an accessory dwelling unit
The residential code defines an accessory dwelling unit and requires plan review and inspection by a registered state inspector — a duty in force since March 2024 and republished in a June 2026 emergency rule that also pulled IBHS Fortified drip-edge requirements into the code.
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Act 765 preempts “all local standards” on manufactured homes. It never mentions covenants
Louisiana's manufactured and modular housing overhaul, effective January 1, 2027, contains two broad preemption sections. The community-association industry has told its members the Act wipes out HOA construction and installation covenants; the enrolled text preempts local standards and does not use the words association, covenant or servitude.
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Louisiana's 2026 disclosure act did not create an HOA disclosure duty — it extended one to vacant lots
Act 708 of 2026 has been reported as newly requiring sellers to disclose HOA membership and restrictive covenants. The disclosure has been in R.S. 9:3198 for years; what the Act adds, effective January 1, 2027, is the words “or vacant residential property.”
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Louisiana's new HOA flag statute protects the US flag — only in documents written after August 2025
Act 224 of 2025 enacted R.S. 9:1114, barring planned communities, condominium associations and lessors from banning a removable, portable US flag — but the Act's own prospectivity clause, which is not printed in the statute, limits it to documents created after August 1, 2025.
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Louisiana is on the 2021 I-Codes today and has proposed the 2024 editions for January 2027
A newly renamed code commission has noticed a wholesale repeal and replacement of the state construction code to adopt the 2024 I-Codes and the 2023 National Electrical Code. Act 881 of 2026 also repealed the council's old enabling statutes outright, so every citation to R.S. 40:1730.21 et seq. is now dead.
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Write detailed covenants and you keep less discretion — a Kentucky panel ordered plans approved
Strunk v. Taylor holds that where plans plainly conform to specific and unambiguous covenants, a general consent-to-build clause does not license an arbitrary rejection.
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Eighteen of 151 homes already had the fence — the board could still say no
Strause v. Bradford Grove upholds a refusal under a bare approval clause despite widespread non-enforcement, and applies Kentucky's volunteer-director immunity statute to shield the directors personally.
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168 of 174 deeds carried the covenant — and the Court of Appeals held it did not reach the other six
In Steele v. SRH, LLC, a published August 2026 decision, neighbours could not use a subdivision-wide no-commercial-use covenant to stop short-term rentals on lots whose chain of title never contained it.
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Kentucky's housing omnibus died on a two-word conference report — and took three association amendments with it
SB 9 passed both chambers, then the conference committee filed a report on the last day of the 2026 session marked simply "Cannot agree" — killing the only 2026 measures that would have amended the Planned Community Act or the Condominium Act.
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Kentucky filed two short-term rental bills pointing in opposite directions — neither got a committee
SB 54 would have confirmed local governments' power to regulate short-term rentals; SB 112 would have stripped most of it. Both died in Committee on Committees without a referral, leaving Kentucky with no statewide short-term rental law at all.
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Kentucky SB 233 would have freed 14-unit associations from financial reports — it died in the House
The bill exempting planned communities and condominiums of 14 or fewer units from the statutory financial-report standards passed the Senate 34-0 on 16 March 2026, then never moved after arriving in the House.
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Kentucky will rebate storm safe rooms — but only if you open yours to the neighbourhood
SB 11 creates a residential safe room rebate, and its eligibility definition requires the shelter to be opened to the community during a weather emergency — a condition that runs straight into ordinary covenant language.
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A Kentucky deed restriction went unenforced since 2001 — and the clock had run out
Russell v. Nunn holds that an action to enforce a deed restriction must be brought within five years under KRS 413.120, barring enforcement against a deck and driveway that had stood for two decades.
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A Kentucky HOA amended its way past years of unenforced violations — and collected $28,368.67
In Roberts v. Ballard Woods, the Court of Appeals held that owners cannot defeat a validly adopted covenant amendment by pointing at non-compliance that predates it.
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Kentucky's Planned Community Act is three years old and no appellate court has ever construed it
A sweep of Kentucky appellate decisions from 2025 and 2026 finds no case interpreting the Planned Community Act, the Kentucky Condominium Act, or the Horizontal Property Law — every community-association dispute is still being decided as contract law.
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Your lot can be bound by two sets of covenants at once, a Kentucky panel confirmed
Panaretos v. Villas at Claymont Springs holds that a sub-developer who carves out and re-subdivides part of a covenanted parent tract may record its own additional restrictions — enforced here by permanent injunction over garbage cans.
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No non-waiver clause, nobody enforcing — and the covenant still held
Muth v. Phillips confirms that in Kentucky, non-enforcement defeats a covenant only where it has fundamentally changed the neighbourhood's character — and that a judge may go and look.
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Lexington's short-term rental listings fell 40% — and the city is filing liens on the holdouts
Lexington's revenue director told a council committee on 1 July that listings dropped from 1,290 to 787, that 61 citations totalling $78,125 have issued, and that one lien on a single property stands at $22,000.
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Four Kentucky housing bills, one identical sentence: your covenants are not being preempted
Every significant land-use preemption bill of Kentucky's 2026 session carried an express clause preserving homeowners association and condominium restrictions — and all four bills died anyway.
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Kentucky will licence EV charging stations from January 2027 — most association chargers fall outside it
HB 757, enacted over the Governor's line-item veto, requires a retail electric vehicle charging licence and a $100-per-port annual fee from 1 January 2027 — but only where a station is 20 kW or more, open to the public, and sells electricity at retail.
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Kentucky froze new public adjuster licences for two years — right as association claims got harder
HB 568 imposes a two-year moratorium on new public adjuster and apprentice licences, bars adjusters from working during the rescission period, and prohibits affiliations with contractors who solicit claim business.
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Kentucky nearly doubled the auctioneer's cut of a foreclosure sale — and association liens sit behind it
HB 566 raised the auctioneer fee ceiling on foreclosure sales of real property from 6% to 10% of the sale price and added a five-business-day deadline for recording the commissioner's deed, both effective 15 July 2026.
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Kentucky's new FORTIFIED roof rider must be offered on houses — not on your condo master policy
HB 527 requires insurers to offer a roof-upgrade rider on non-FORTIFIED single-family dwellings and creates the Strengthen Kentucky Homes grant programme — and the two halves of the Act reach different buildings.
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Kentucky churches can now build affordable housing without a zoning fight — covenants are another matter
HB 333 makes affordable housing developed by a religious institution a permitted use subject only to ministerial review, effective 15 July 2026 — and it preempts zoning, not recorded restrictions.
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Kentucky's ADU bill would have overridden your city — never your covenants. It died in committee
HB 203 would have made one accessory dwelling unit a permitted use in every residential zone in Kentucky and capped local fees at $250. It was referred to House Local Government on 14 January 2026 and never heard.
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Kentucky cities lost the power to zone out manufactured homes on 1 July — your covenant did not
2025 HB 160 took effect on 1 July 2026, voiding local zoning that excludes qualified manufactured homes from single-family zones — and it expressly leaves recorded deeds, covenants and subdivision restrictions untouched.
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Kentucky's insurance regulator: a satellite photo of your roof cannot cancel the policy
Bulletin 2026-01 tells every property and casualty insurer in Kentucky that satellite imagery may not be the sole basis for a cancellation, nonrenewal or claim denial — and that roof streaking is not enough on its own.
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A Kentucky court read agricultural policy into a covenant — and was reversed for it
Cooper Hart v. Back enforces a residential-use-only covenant against a commercial event venue, and warns that zoning law and contract law were being conflated.
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$51,709 in fees on $20,000 of unpaid assessments — the Court of Appeals sent it back
Blair v. Sanctuary Bluff upheld the association's lien and its right to foreclose, then vacated the fee award because no court had ever asked whether the fees were reasonable.
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Kentucky would raise every elevator fee your condo pays — and add a charge for each re-inspection
Proposed amendments to 815 KAR 4:010 and 815 KAR 4:025 lift annual inspection fees across the board, restructure permit fees onto flat rates, and make each re-inspection cost a full fee again.
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Kentucky is about to register storm-chasing contractors — comments close 30 September
Proposed 40 KAR 12:450 would bar unregistered contractors from working in a declared emergency area, requiring a $100 fee, $200,000 of liability cover or a surety bond, and a named person in control.
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Wyandotte County's disaster runs to October 4, and an HOA loan deadline lands November 2
Kansas legislators extended the Wyandotte County storm disaster declaration to October 4, 2026, and the SBA declaration covering the same storm offers private non-profit organizations — which includes most community associations — 3.625 percent loans until November 2.
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Wichita would drop the public hearing for backyard apartments
Wichita has been working since November 2025 toward replacing conditional use approval for accessory apartments with an administrative permit. The drafts say nothing about private covenants, and nothing is adopted yet.
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156,000 Kansans live under covenants. Their Legislature passed nothing about it
The Community Associations Institute's Kansas end-of-session report counts nearly 2,000 community associations covering 62,100 homes, and records both of the session's HOA bills as dead.
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Kansas developer lost $1.4 million in dirt to a seven-year statutory clock
In Stonegate Motorplaza, the Kansas Court of Appeals held that convertible land a developer fails to convert within seven years of recording the declaration stays common area owned by the unit owners as tenants in common.
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The same Kansas ruling handed one parcel back to the developer
Stonegate Motorplaza reversed the district court on Tract B: expandable land never brought into the submitted land was never common area, so the seven-year conversion clock in K.S.A. 58-3115a never applied to it.
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Kansas cut the HOA filing fee to $5. Missing it still dissolves you
K.A.R. 7-16-1, effective February 27, 2026, drops the Kansas biennial report fee to $5 online — the first full rewrite of the Secretary of State's fee schedule since 2008, attached to the only state filing an HOA can lose its corporate existence over.
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Kansas voided city rules on small houses. Covenants were left alone
Section 3 of SB 418 forces every Kansas city and county to allow 3,000-square-foot lots, single-car garages and one finished elevation on new homes under 2,500 square feet — and voids any local code that says otherwise.
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Kansas forced cities to approve ADUs, and wrote covenants a shield
SB 418 makes accessory dwelling units, townhouses and small single-family homes approvable by right in every Kansas city, then says in subsection (e) that nothing in it touches a homeowners association's covenants.
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Kansas voided city tenant-screening rules. Rental covenants were never in scope
SB 391, enacted over the Governor's veto, bars Kansas cities and counties from restricting how landlords screen tenants and nullifies any such ordinance adopted before July 1, 2026 — but it reaches only cities and counties.
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Kansas bill to void solar bans in covenants died in committee
SB 144 would have declared every Kansas restrictive covenant limiting rooftop solar void and unenforceable. It sat in a Senate committee for almost two years, got one hearing in January 2026, and never received a vote.
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Prairie Village banned the rentals your covenants argue about
A 30-day minimum stay took effect in Prairie Village on November 1, 2025, with $500-a-day fines and a one-year licence bar — making the city stricter than most declarations in Johnson County.
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Overland Park would end single-family-only zoning across 76 square miles
The city's development ordinance rewrite would replace more than thirty zoning districts with eleven character-based districts that permit single-family and duplex side by side. It is scheduled to conclude by December 2026 and is not adopted.
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Overland Park cut minimum lots to 4,250 square feet. Nobody mentioned covenants
The city council approved a one-year Portfolio Homes zoning pilot in April 2026, roughly halving minimum lot size and allowing flag lots and cottage courts — in a city where most residential land is already covenanted.
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Overland Park formally asked the Legislature to limit HOA solar bans
The city wrote support for state limits on homeowners association solar restrictions into its 2026 legislative program — an unusual case of a Kansas city lobbying against private association authority. The bill it backed died in committee.
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Kansas appellate courts issued one HOA opinion in two years
A page-by-page sweep of Kansas Court of Appeals and Supreme Court advance sheets from late 2024 through mid-2026 turns up a single community association decision — and nothing at all on covenant enforcement, assessment liens or architectural control.
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No Kansas agency regulates HOAs. Two years of records confirm it
A sweep of every Kansas Attorney General opinion issued in 2025 and 2026, the Real Estate Commission's jurisdiction and the state's licensing statutes finds no agency with authority over community associations — and no manager licensing of any kind.
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No Kansas interim committee is studying HOA law before the 2027 session
The Kansas Legislature's 2026 interim calendar lists eleven joint committees, seven special or standing committees and four task forces. None of them has a charge touching homeowners associations or common interest communities.
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Kansas tightened solar interconnection in July. Your covenant is still the first gate
From July 1, 2026 a Kansas customer-generator's system may not exceed export capacity by more than 50 percent, and the statewide net-metering cap steps up to 5 percent in 2027 — neither of which affects whether an association may say no.
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The shortcut that financed 40% of condo sales ended on August 3
Fannie Mae retired the Limited Review process for loan applications dated on or after August 3, 2026, pushing established Kansas condominium projects into Full Review or a Waiver of Project Review — and putting the association's paperwork in the path of every sale.
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The Legislature's own HOA memo lists two bills, and both are dead
The Kansas Legislative Research Department reissued its briefing on the Kansas Uniform Common Interest Owners Bill of Rights Act in 2026. Its \u201crecent HOA legislation\u201d section covers two 2024 bills, both of which failed, and nothing since.
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Lawrence legalised ADUs citywide and put in writing that it won't enforce covenants
Lawrence's Land Development Code, effective April 1, 2025, permits accessory dwelling units across its residential districts and states at §20-105(d) that the city has no duty to enforce private restrictions and is not obligated to adopt regulations consistent with them.
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KCK suspended its one-rental-per-block rule and raised fines to $15,000
The Unified Government approved a temporary short-term rental regime on February 5, 2026 — replacing special use permits with a three-day administrative licence, suspending the one-per-block-face cap for the event period, and creating fines of $1,000 to $15,000 per violation.
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KCK is cutting minimum lots from 5,000 to 3,000 square feet because the state made it
The Unified Government briefed its planning commission in August 2026 on ordinances bringing Wyandotte County into line with SB 418 — a compliance rewrite, not a policy choice, and one that does not reach private covenants.
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A second Kansas solar bill was written to answer the objections. It never got a hearing
HB 2669 would have barred unit owners associations from blocking rooftop solar while expressly exempting common and limited common elements, and would have been folded into KUCIOBORA. The House Local Government committee never took it up.
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Kansas stripped cities of fence authority and said in the statute that an HOA is not a city
HB 2603 bars Kansas municipalities from regulating battery-charged security fences, and defines \u201cmunicipality\u201d to exclude \u201ca homeowners or similar private, nongovernmental association\u201d — a rare express legislative statement on where association authority sits.
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Kansas suspended city short-term rental caps for the World Cup. That window has closed
HB 2481 barred Kansas municipalities from limiting short-term rental permits between May 15 and July 25, 2026, and forced 15-day permit decisions — but it never reached private covenants, and it expired on July 25.
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Kansas gives owners a 24-hour squatter removal — and a triple-rent penalty for getting it wrong
The Removal of Squatters Act lets the owner of a dwelling unit clear an unauthorized occupant by notarized affidavit within 24 hours, and exposes an association that misuses it to punitive damages of triple the fair market rent plus fees.
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Kansas eviction records can now be erased — and the condo line is where it stops
Substitute for HB 2357 creates a free electronic expungement for eviction judgments after three years and requires courts to consider mediation, but only where the Residential Landlord and Tenant Act governs — which excludes a condominium owner's own occupancy.
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A Kansas bill that would have overridden home-business covenants died one floor vote short
HB 2343, the No-Impact Home-Based Business Fairness Act, passed the House and cleared a second Senate committee on March 16, 2026 before dying without a Senate floor vote — with an HOA carve-out already written into it.
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Kansas HOA board members no longer file with FinCEN. The data is being deleted
A FinCEN final rule issued August 11, 2026 and effective on publication permanently exempts domestic reporting companies from beneficial ownership reporting — ending the Corporate Transparency Act obligation that had swept in volunteer association directors.
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A $50,000 deductible cap just met the Kansas hail market
From July 1, 2026 a condominium master policy must insure at least 100 percent of replacement cost with a per-unit deductible no greater than $50,000, and unit owners must carry HO-6 coverage where per-unit deductibles apply.
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Every residentially zoned lot in a Kansas city is now single-family too
A quiet amendment to K.S.A. 12-758 in SB 418 deems all residentially zoned land inside city limits to be zoned for single-family use, and strips the protest-petition right from owner-initiated rezonings to single-family districts.
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All 105 Kansas counties are under a drought declaration. Check your turf covenant
Governor Kelly's April 30, 2026 proclamation placed 51 Kansas counties in drought watch, 47 in warning and 7 in emergency — covering every county in the state and putting municipal watering limits on a collision course with lawn-maintenance covenants.
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Kansas condos need 15% of assessment income in reserves by January
Fannie Mae raises the replacement reserve allocation from 10 to 15 percent of annual budgeted assessment income for loan applications dated on or after January 4, 2027, and stops accepting reserve studies built on the baseline funding method.
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Kansas AG: anyone can charge a homeowner to handle their storm claim
Attorney General Opinion No. 2025-22, issued at the Insurance Commissioner's request, concludes that the Public Adjusters Licensing Act reaches only commercial lines — leaving residential public adjusting entirely unlicensed in Kansas.
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Kansas insurers paid $879 million in storm claims in one year
The Kansas Insurance Department's March 2026 release put 2025 storm claims at 82,498 and $879,074,368.54 paid — a 99 percent increase over 2023, with Sedgwick County alone above $328 million.
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$100,000 of improvements did not take an Iowa association's common ground
In Worrell v. Lake Crest Manor, thirty years of clearing, grading and mowing failed on adverse possession — while a fenced, posted corner succeeded. The difference was exclusion, not investment.
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Iowa court orders an outbuilding torn down — and leaves covenant fines undecided
United Properties v. Kratzer affirms removal of a structure built without architectural approval and a $100-a-day charge — but the two strongest owner arguments were forfeited, so Iowa still has no merits ruling on covenant fines.
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Two sessions, 4,224 bills, and Iowa still has no HOA act
The 91st General Assembly touched association law once, on records. Chapter 499B has not been amended since 2017, chapter 499A since 2018, and not one bill in either session addressed elections, fines, liens, reserves or dispute resolution.
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The tax amendment on Iowa's November ballot does not touch property tax
SJR 11 asks Iowa voters to require a two-thirds vote for income tax increases — and expressly exempts taxes imposed at the option of a local government, which is where an association member's property tax bill comes from.
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Three Iowa short-term rental bills died without a hearing — leaving the declaration in charge
Iowa preempts city and county regulation of short-term rentals and says nothing about covenants, so an association's recorded restriction is often the only enforceable limit. Three attempts to change that failed at a first funnel.
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Eighth Circuit upholds Iowa's ban on the roofer who also negotiates your claim
Shamrock Hills v. State of Iowa leaves Iowa Code § 103A.71 enforceable statewide: a residential contractor may not act as public adjuster on the same property — the exact arrangement storm-damaged Iowa associations are pitched.
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Iowa's ADU mandate overrides city zoning but not your covenants
SF 592 forces every Iowa city and county to permit an accessory dwelling unit beside a single-family home, then expressly preserves deed restrictions and common-interest-community rules that prohibit one.
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Iowa's homestead credit became an exemption — and condo owners qualify
SF 2472 replaces the homestead credit with a 10%-of-taxable-value exemption capped at $20,000 from assessment year 2026, and Iowa's definition of "owner" already reaches holders of an interest in a horizontal property regime.
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Iowa SF 2448 adds payoff certificates and transfer-fee schedules to the 10-day records rule
From July 1, 2026, an Iowa association must produce an estoppel certificate and a full transfer-fee schedule within ten business days of an owner's request, and must be able to document the arithmetic behind any fee it charges.
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Iowa's townhome sprinkler bill passed the Senate and died in a House committee
SF 2439 would have barred any sprinkler requirement for attached single-family residences totalling 18,000 square feet or less — the exact stock that ends up under Iowa condominium and planned-community declarations.
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Iowa SF 2369 rewrites the ADU size math and adds a historic-district gate
The 2026 clean-up bill shrinks the number an ADU is measured against, excludes unfinished basements, confines the mandate to single-family zoning districts, and re-enacts the association carve-out unchanged.
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Iowa's real estate rules widened what unlicensed staff may do — and no rule reaches HOA managers
ARC 9247C lets unlicensed brokerage employees collect rents and deposits from June 18, 2025. It is the closest Iowa administrative law comes to community association management, and it does not come close.
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Two Iowa bills about what you may grow on your own lot died — one aimed squarely at HOAs
HF 2367 would have barred Iowa associations from banning native plantings and stripped their height limits. SF 494 passed the Senate 49-0 without the association carve-out CAI asked for. Both are gone.
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Iowa's revived multiresidential class splits condos from housing co-ops
From assessment year 2027 the residential class covers parcels with two or fewer dwelling units — which separately assessed condominiums satisfy and single-parcel chapter 499A cooperatives do not.
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Seven Iowa manufactured-home bills, none enacted — including the one landlords wanted
Six resident-protection bills died at first funnels across two sessions. SF 412, the landlord-side measure, passed the Senate 34-16 and then died on the House Ways and Means calendar at sine die.
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Reported: Iowa home insurance rose 28% in 2025 — and the condo deductible cap just went to $50,000
A private-sector projection put Iowa third nationally for 2025 premium increases. Iowa's Insurance Division has issued no bulletin on the homeowners market, and the gap between master-policy and HO-6 deductibles is where condo assessment disputes begin.
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Holmstedt: an Iowa board's reasonable reading of its own bylaws beats the owner's
The Court of Appeals held a Lexington East owner's reading of "audit" was not unreasonable — and still lost, because the board's reading was reasonable too. Then it reversed the association's attorney fee award.
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Iowa's new lead service line disclosure lands on condo boards, not just sellers
Since January 1, 2026, Iowa sellers must disclose lead service lines — but in a condominium the pipe runs through common elements the seller cannot inspect, so the question arrives at the association.
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Iowa loosened its zoning variance standard — and a permit still does not beat a covenant
HF 652 lets Iowa boards of adjustment grant setback, height and lot-size variances on a "practical difficulties" test instead of "unnecessary hardship," which means more owners arriving at the ARC holding a city approval.
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Reported: Johnson County demanded a rent freeze from Havenpark and had no power to require one
Two years of press coverage of three Johnson County manufactured-home communities — rising lot rents, water outages, homes reported sinking — and a county board of supervisors with letters as its only instrument.
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FinCEN permanently ends beneficial ownership reporting — Iowa HOA boards are out
The August 2026 final rule removes Corporate Transparency Act reporting for U.S. companies, ending two years of Iowa association directors being told their birthdates and ID images had to go to Treasury.
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Fannie Mae retires Limited Review — Iowa's small condo associations get the bill
Lender Letter LL-2026-03 ends the streamlined condo review path from August 3, 2026 and lifts minimum reserve funding to 15% from January 4, 2027 — paperwork Iowa boards have never had to produce, because Iowa law has never asked.
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Iowa's community solar bill died on the House calendar — and it was the HOA workaround
HF 2672 would have created the subscription model Iowa owners use when a declaration restricts rooftop panels. It cleared committee 19-4, was never called up, and died at the second funnel.
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An Iowa condo association missed the probate deadline by four months and got a second chance
In Estate of Von Stark, the Court of Appeals reversed a probate court that applied an abandoned diligence test, and revived Applewood Manor's $191,912 claim under the "peculiar circumstances" exception.
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Indiana capped HOA amendment thresholds at two-thirds
IC 32-25.5-3-9 now bars governing documents from requiring more than two-thirds owner consent to amend, with a 95% carve-out preserved for conveying common areas or dissolving the plan of governance.
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Indiana panel: trial court cannot cut an association's fees without a hearing
Treyburn Lakes reversed a foreclosure decree that omitted three prior unpaid attorney-fee judgments and slashed the association's current fee request by 75 percent with no evidence taken.
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Indiana small-claims appeal: the 10% assessment cap did not apply
Talley v. Cheswick turned on whether IC 32-25.5-3-3 reaches an association formed in 2005 — it does not — and ended with a mandatory award of appellate attorney fees against the homeowner.
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Indiana ruling limits architectural review to “a Lot”
Christmas Lake Properties won the waterfront-rights half of this appeal and lost the architectural-review half, because its approval power was written to reach lots and the disputed ground was not one.
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Indiana HOAs finally got the power to fine — with a condition attached
New IC 32-25.5-3-12 gives planned communities their first express statutory fining authority, but only after the board adopts and publishes a written schedule of fines that members can vote to amend.
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Indiana bill would have fenced every HOA retention pond
Senate Bill 69 of 2025 would have required a four-foot barrier around the full perimeter of any pond or lake owned or maintained by a homeowners association. It never got a hearing.
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The plan to put Indiana HOAs under the Attorney General died unheard
Senate Bill 445 would have required every Indiana HOA to run a website, notify the Attorney General, and put board members through a state-built training course. No successor bill has been filed.
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Indiana court: a board that skips meetings still gets paid
In Sandoval v. Willow Lake Estates, the Court of Appeals held that an association's failure to hold annual meetings, elect directors, or adopt a budget does not excuse an owner from paying assessments.
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Indiana's biggest HOAs can set speed limits — until July 2028
A pilot at IC 9-21-23.5 lets a subdivision with at least 1,500 lots and 15 miles of private road set speed limits and stop signs, and hire off-duty officers to enforce them. It expires 1 July 2028.
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Indiana investors lost the vote on HOA rental restrictions in March
A single section of a 418-page local-government bill limits voting on rental prohibitions to members who use their property as a homestead — and unlike the rest of the 2026 package it took effect on passage.
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No Indiana interim committee is studying HOAs this year
Legislative Council Resolution 26-01 assigned no homeowners association topic to any 2026 interim study committee — despite a widely recirculated claim to the contrary that is actually from 2024.
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Indiana bars HOAs from charging twice for what dues already buy
A new subsection of IC 32-25.5-3-3 lists the services an association may not bill separately, protects genuinely optional services, and stops a board reclassifying a covered service without a member vote.
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Indiana banned municipal rental caps — with a runway to January 2028
New IC 36-1-20-3.6 bars Indiana cities and counties from capping residential rental use. Ordinances adopted before 2026, including the Fishers and Carmel 10% subdivision caps, get until 1 January 2028.
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Indiana HOAs may not operate licence plate readers
New IC 32-25.5-3.8 bars an association from installing, maintaining or operating an automated licence plate reader, and from permitting one on association property unless law enforcement installs it and controls the data.
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Indiana HOAs may no longer bar child care from a single-family home
New IC 32-25.5-3.9 stops associations restricting child care in detached single-family residences, with an exemption for qualifying age-restricted communities and an applicability clause keyed to document dates.
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The HOA fuel-source bill died at 10:16 p.m. on the last night
HB 1389 passed both Indiana chambers in 2025 and then collapsed when the Senate rejected its own conference report 17-33, hours before sine die — a year before the same language became law.
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Indiana still does not license HOA managers
House Bill 1055 of 2025 would have required anyone managing property for a homeowners association to hold a real estate broker licence. It died without a hearing and has no successor.
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Reported: judge orders $2.2m Geist duplex demolished over a setback
A Hamilton County judge is reported to have ordered a completed lakefront duplex torn down after it was built into a side-yard setback without architectural approval, calling the harm self-inflicted.
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Indiana boards now owe members four days' notice and an agenda
Since 1 July 2026 every Indiana HOA board meeting requires four days' advance written notice with an agenda, and members attending remotely count toward a quorum.
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Indiana gave owners a right to a 20-foot flagpole
New IC 32-21-13.5 stops a property owners association prohibiting display of the US or Indiana flag, and preserves at least one front-yard flagpole up to twenty feet — reaching every governing document, whenever adopted.
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Indiana capped the HOA payoff letter at $50 — nine days after capping it at $250
Two 2026 acts amended the same subsection of IC 32-21-5-8.5. The later one controls, and it set the ceiling for a statement of unpaid assessments at fifty dollars.
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Indiana condos face a 15% reserve floor from January
Fannie Mae and Freddie Mac raised the minimum reserve allocation from 10% to 15% of budgeted assessment income for loan applications dated on or after 4 January 2027, and retired the mid-tier project review in August.
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Indiana orders a 60-day cancellation moratorium after the August derecho
Bulletin 280 suspends policy cancellations and late-payment penalties statewide for policyholders hit by the 11 August storms, running to mid-October and applied retroactively to 10 August.
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Indiana put a sliding ceiling on budgets adopted without a quorum
HEA 1152 replaced a flat rule with three tiers: 110% inside the developer's first five years, the lesser of 105% or Midwest housing CPI afterwards, and a grandfather clause for documents that already allowed 110%.
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Indiana HOAs are out of beneficial-ownership reporting for good
A FinCEN final rule effective 14 August 2026 limits beneficial-ownership reporting to foreign-formed entities, and the trade-association lawsuit that pushed for the exemption was dismissed on 9 September.
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The sign window opens in early October
Indiana law bars an association from prohibiting political signs from 30 days before an election to 5 days after, and the Attorney General has warned that removing one can be criminal conversion.
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Indiana HOAs can no longer ban amateur radio antennas
New IC 32-25.5-3.4 bars a homeowners association from adopting or enforcing any policy with the effect of prohibiting an amateur radio antenna — but only as to documents adopted or amended after 30 June 2026.
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Royal Oaks: four defences, none preserved for appeal
A homeowner raised due process, hearsay, the FDCPA and defective service against an HOA dues judgment, and lost all four on the appellate record rather than on the merits.
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Your 1990s Indiana HOA is not exempt from the 2026 reforms
IC 32-25.5 still reaches only associations formed after June 2009 unless an older one opts in — but HEA 1115 widened the list of provisions that bind every association regardless, and the new fining rules are on it.
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Illinois co-op's claim to reform a 99-year ground lease survives estoppel certificates
In WP Venture 4 LLC v. Luther Village Owners Corp the First District reversed summary judgment for the landlord, finding disputed facts on when the cooperative should have discovered a drafting mistake inflating ground rent by about 50%.
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An Illinois HOA sued its own expert witness and could not prove an injury
In Woodbine Park Prairie Estates Homeowners Association v. Chastain & Associates the Fifth District affirmed summary judgment for an engineering firm the association had retained as its expert in earlier developer litigation.
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Three 2026 amendments will show up in your declaration review and change nothing
Terminology cleanup and two General Revisory Acts have put 104th General Assembly citations on the condominium accessible-parking section and the owner-liability shield. A board reading the redline in 2027 should not mistake either for a substantive change.
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Illinois stormwater fees bill association parking lots on the commercial formula
Wilmette, Champaign and Decatur charge impervious-surface stormwater fees that hit association common areas — and multi-family and non-residential parcels are billed by formula, not the flat residential tier.
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Five Illinois bills would have given a state agency power over boards; all five died
HB 5079, HB 5618, HB 5495, HB 4338 and SB 1820 would have let IDFPR, the Attorney General or the Ombudsperson investigate, adjudicate or penalise Illinois association boards. None got out of committee, and HB 5079 never got a hearing.
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An Illinois design committee banned vinyl windows and owed the builder nothing
In Silverthorne Development v. Sycamore Creek Homeowners Association the Second District affirmed dismissal of tortious interference and conspiracy claims by a homebuilder whose business model depended on the materials standard the committee changed.
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Uniform covenant enforcement defeated a religious-discrimination charge against an Illinois HOA
In two companion decisions the First District upheld the Human Rights Commission's dismissal of charges by owners who housed asylum seekers and missionaries, finding a complete lack of evidence of discriminatory terms or harassment based on religion.
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Illinois manager licensing was four months from lapsing; SB 3897 moved it to 2032
Public Act 104-0746 extends the Community Association Manager Licensing and Disciplinary Act's repeal date from January 1, 2027 to January 1, 2032, and rewrites six parts of it — including a new IDFPR audit power and a halved citation window.
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Illinois codified disparate impact — but not in the Article associations are charged under
Public Act 104-0744 writes disparate-impact liability into the Illinois Human Rights Act for employment, financial credit and public accommodations. It does not amend Article 3, Real Estate Transactions — which is where association rules are challenged.
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Illinois SB 3527 makes a written collection policy a condition of suing for assessments
Public Act 104-0734 bars a condominium or common interest community association from taking legal action on unpaid common expenses unless it has adopted and follows a seven-point written collection policy, effective January 1, 2027.
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An Illinois bill would have turned reserves into a payout fund for board negligence; it died
SB 1914 would have required a portion of Illinois condominium reserves to be designated to cover an owner's loss-of-use expenses where board negligence caused the loss and the owner lacked Category D coverage.
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Illinois assessment judgments now expire in 15 years with no revival, and $1,000 is off limits
Public Act 104-0120 gives consumer-debt judgment debtors an automatic $1,000 bank exemption and caps new consumer-debt judgments at 15 years with no revival — and most assessment judgments against individual owners will qualify.
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An Illinois aging-in-place bill would have written a renovation right into association law; it stalled
SB 1683 would have barred Illinois associations from prohibiting reasonable renovations accommodating a resident's health condition or disability. It was re-referred to Assignments, leaving the question to federal and state fair-housing law.
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Illinois says the Eviction Article never barred police from removing a trespasser
Public Act 104-0029 adds a savings clause confirming that nothing in the Eviction Article stops law enforcement from enforcing criminal trespass — but it creates no summary removal procedure and does not define a squatter.
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Illinois condo and co-op boards get a statutory right to whole-building electric data
The new Utility Data Access Act in Public Act 104-0458 names condominium and cooperative boards as data recipients entitled to aggregated usage data, and extends the EV charging rebate program — up to 80% of installation cost — to January 1, 2029.
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A second motion to reconsider does not stop the sheriff in an Illinois condo eviction
In Royal Oak Condominium Association v. Stevenson the First District held a successive, untimely motion neither stayed the judgment nor extended the time to appeal, so the association was not in contempt for proceeding with the eviction.
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A federal housing act became law without a signature, and Illinois condo buyers are its target
The 21st Century ROAD to Housing Act became law July 11, 2026 after passing 85-5 and 358-32. Its small-dollar mortgage fee review and FHA appraisal reform aim at exactly the sub-$150,000 units Chicago's older condominium stock is full of.
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An Illinois developer used a scrivener's-error clause to claim the air rights; the court voided it
In River North Partners Holdings v. Museum of Broadcast Communications the First District affirmed voiding a unilateral special amendment that converted an exclusive right to build a rooftop deck into ownership of the building's entire air rights.
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Illinois bills would have capped association document fees at $375; both died
HB 2648 and HB 5617 would have capped records inspection and copying at $375 with a CPI escalator, allowed a $100 rush fee for 72-hour turnaround, and required a free owner-accessible records portal. Neither advanced.
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Illinois bills would have stopped associations restricting balcony plug-in solar; both died
The Plug-In Illinois Act would have barred associations from restricting or imposing unreasonable conditions on plug-in solar units on balconies and patios. SB 3104 cleared committee 9-4 then missed the Senate deadline; HB 4524 never left Rules.
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Illinois's condo Ombudsperson handled 378 inquiries on a fifth of one lawyer's time
The Office's report to the General Assembly records 378 written inquiries for the year to August 31, 2026, 85% from unit owners and 11% from board members, and repeats that the Ombudsperson is not a full-time position and has no staff.
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Oak Park's new code makes every elevator modernization a compliance event
Ordinance 25-169 adopted the 2024 International Existing Building Code effective January 1, 2026, with a local amendment requiring altered elevator elements to meet current Illinois Elevator Safety Rules and IBC emergency-communication standards.
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Recurring sewage backups did not restart the Illinois five-year clock
In Narkiewicz-Laine v. Thorndale Beach North Condominium Association the First District held claims accrued at the first incident, not the latest, and that Section 13-207 did not revive them because they were already barred when the association sued.
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An Illinois suit would test whether mobile home notice rules mean anything
Three Maple Grove Estates residents sued Texas-based Oak Wood Properties in McLean County in February 2026, alleging missed 90-day rent notices, $50 fines for not power-washing a home, and eviction threats. The case is undecided.
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Illinois court upholds punitive damages against a man who froze an HOA's bank account
In Board of Directors of the Lakelands Estate Homeowner's Association v. Pamnani the Third District affirmed summary judgment and punitive damages against an individual who held himself out as acting board president and seized control of association funds.
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Illinois court: a mobile home sale-interference complaint is a claim, not a rent defence
In Lake Suzanne MHP v. Gavins the Fifth District affirmed eviction where a lot tenant withheld rent alleging the park owner obstructed the sale of her home, holding she never filed a Section 24 claim and used it only as a defence.
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An Illinois design manual cannot ban what the declaration permits
In Kubik v. Darien Club Owners Association the Third District held a design review committee's blanket fence prohibition conflicted with a declaration making fencing an improvement subject to approval. The Supreme Court denied leave to appeal.
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Illinois objectors who skipped the Section 15 process lost their case on causation
In Kai v. Board of Directors of Spring Hill Building 6 the Third District held board members owe fiduciary duties in a Section 15 bulk sale, then affirmed judgment for them because the plaintiff voted no and never perfected her statutory objection and appraisal rights.
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The municipal counter-proposal would bar Illinois HOAs from unreasonably prohibiting ADUs
The Illinois Municipal League's REAL Housing Act, unveiled May 4, 2026, is framed as protecting local control — but two of its provisions reach directly into association governance, with a private right of action and treble damages.
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Illinois can now review homeowners rates — probably not your association's master policy
HB 4273 and SB 714 were signed August 4, 2026 and take effect July 1, 2027, giving IDOI authority to approve rate changes and order rebates. The coverage described is homeowners and auto; an association master policy is commercial property.
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Illinois tells insurers to stop naming public adjusters on association claim checks
IDOI Company Bulletin 2026-01 says insurers have been adding public adjusters as co-payees regardless of whether the insured agreed, and calls the practice a violation of the Illinois Public Adjuster Law.
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Illinois manager licences renew August 31, 2027, and IDFPR audits the certificates
The current community association manager cycle requires 12 hours of continuing education including mandatory sexual harassment prevention training, self-certified by affidavit — and the rules governing it have not been amended since June 2023.
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Illinois could not pass a resolution to merely study condominium governance
HJR 60 and its companion HJR 67 would have created a task force on condominium transparency, financial integrity and safe living conditions, reporting by January 2027. Both were re-referred to Rules and died — the cheapest proposal of the session.
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Illinois voids covenants calling a marked squad car a commercial vehicle
Public Act 104-0580 makes it unlawful for an Illinois association to classify a marked police or firefighter vehicle at or under 12,000 pounds as a commercial vehicle, and voids any covenant that does, effective January 1, 2027.
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An Illinois bill named selective muting as a governance abuse; it never left Rules
HB 5585 would have barred Illinois condominium boards from suppressing owner participation through arbitrary forum closures, selective muting or viewpoint-based exclusion, and prohibited retaliation against owners who request records or file complaints.
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Illinois HB 5449 gives every association until January 1, 2028 to put up a website
Public Act 104-0797 requires Illinois condominium and common interest community boards to maintain a website carrying meeting information and approved minutes by January 1, 2028 — and the quarterly-financials and 75% fee-vote provisions widely reported as part of it were amended out.
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An Illinois bill would have given boards 60 days to answer a shared-roof solar request; it never left Rules
HB 5402 would have amended the Homeowners' Energy Policy Statement Act to govern solar on roofs serving more than one unit, requiring governing entities to cooperate and barring delay beyond 60 days. It died in committee, as did a townhouse carve-out.
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An Illinois bill would have let owners pull noxious weeds without board permission; it died
HB 5069 would have barred Illinois associations from requiring permission before an owner removes state-designated noxious and exotic weeds, voiding any contrary provision in the community instruments. It died in committee.
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Illinois gives heirs-property occupants a path to the title associations need them to hold
Public Act 104-0506 lets a tenant in common who inherited by intestacy perfect legal title after seven years' possession and tax payment, with a declaration recorded at least two years before suit — a slow answer to a chronic collections problem.
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Illinois owners nearly won the right to record board meetings; HB 4618 died eight days after reaching subcommittee
HB 4618 would have let unit owners or their proxies record board meetings, mandated a video-conference option, restricted copying fees and banned confidentiality agreements around board decisions. It was killed on the House committee deadline.
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An Illinois bill would have registered every association and let the state remove board members; it died
HB 4617 would have created an Office of Common Interest Community Registration inside IDFPR, charged $3 per unit, and given the state power to fine boards, remove board members and appoint interim managers. It died in committee.
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An Illinois board-training deadline of July 1, 2026 came and went unenacted
HB 3586 would have required the Ombudsperson to mandate ethics and fiduciary training for Illinois board members within 90 days of election, starting July 1, 2026. It was re-referred to Rules. Illinois still has no mandatory board training.
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Naming a minor kills the whole Illinois eviction case, not just that defendant
Public Act 104-0317 requires dismissal of an eviction complaint in its entirety against all defendants if it names a minor, seals the case, and exposes the plaintiff to $1,000 in liquidated damages plus fees.
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Two Illinois laws now demand the first page of a lease, and boards renting units must satisfy both
Public Act 104-0479 bans eleven rental fees and requires every non-optional fee on page one of the lease; the Summary of Rights for Safer Homes Act requires the state survivor-rights summary as page one. Associations and managers leasing units must reconcile both.
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Illinois mobile home rent cap died with 26 sponsors after clearing committee
HB 3526 would have capped manufactured-home lot rent increases at 3% a year, with a CPI adjustment from 2027 that could not exceed 5%. It cleared committee in April 2026 and died at adjournment.
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Illinois caps mobile home park utility pass-through at 80% where common areas are not metered
Public Act 104-0064 bars park owners from billing residents for common-area water, sewer and trash, caps unmetered pass-through at 80% of the utility bill, and requires an annual written allocation explanation.
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Illinois reserve-study mandate died again — and the mortgage market imposed one anyway
HB 2563 and SB 3401 would have required a reserve study every five years, with a January 2028 transition and an exemption for associations of 15 or fewer units. Both stalled at spring adjournment. Illinois still has no statutory reserve-study schedule.
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Illinois removed the last cost of striking a racist covenant — the board power was already there
Public Act 104-0187 eliminated the recording fee and copy charges for a restrictive covenant modification. The board-majority authority that trade alerts credit to it actually dates to 2022.
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The Illinois Receivership Act excludes most of the condominium stock it is said to cover
Public Act 104-0034 created a modern receivership code effective January 1, 2026 — but Section 4(b) exempts residential real estate as defined in the Mortgage Foreclosure Law, which is the carve-out most summaries omit.
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The Illinois Supreme Court will decide whether sellers can sue over condo disclosure fees
The court allowed a petition for leave to appeal in Greenswag v. Lieberman Management Services on September 24, 2025 and has not ruled. Everything settled about Channon foreclosing seller claims over Section 22.1 fees is now provisional.
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$50,000 in sanctions against an Illinois association's lawyer were vacated on a filing technicality
In Goodman Chicago Condos v. Atrium Court Village Home Condominiums the First District vacated Rule 137 sanctions imposed after a finding that association counsel fabricated an email — because the brief containing it was never filed with the clerk.
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Blue Island revoked a mobile home park's licence and 66 households had no statutory safety net
The City revoked Forest View Mobile Home Park's business licence effective immediately in July 2025 over unpaid water bills and code violations. Because Blue Island is home rule, IDPH licensing never applied — and no Illinois law guaranteed residents relocation money.
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Seventh Circuit upholds a neutral flag policy against a Fair Housing Act challenge
In Farhan v. 2715 NMA LLC the Seventh Circuit affirmed dismissal of national-origin claims over a housing neutrality policy barring conflict-related flags, in a decision binding in Illinois, Indiana and Wisconsin. Judge Jackson-Akiwumi dissented.
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The reserve mandate Illinois rejected arrived through Fannie Mae instead
The GSEs' 2026 condominium project standards retire Limited Review, cap master-policy deductibles at $50,000 per unit, and require budgets to reflect the highest recommended reserve allocation — binding Illinois associations without any act of the legislature.
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An Illinois association lost the business judgment rule for liening fees a court had refused
In Du Bois v. Sherwood Commons Townhome Owners Association the Third District affirmed removal of a lien, held Section 9.2(b) fees are unrecoverable where the association failed to prove a default, and denied business-judgment protection for want of any evidence of legal advice.
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$2,223 in Illinois assessments produced a $30,853 fee award
In Corinthian Condominium Association v. Rao the First District held a 30-day demand notice overstating the balance still satisfies Section 9-104.1(a), and upheld attorney fees roughly fourteen times the assessments recovered.
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Cook County will start filing its own housing-screening complaints against associations
The Commission on Human Rights released the first Just Housing Amendment impact assessment on May 26, 2026, finding missing written denials and individualized assessments, and committed to expand enforcement and file more Commission-initiated complaints.
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An Illinois court fee waiver does not shield an owner from the association's attorney fees
In 4310-4322 N. Clarendon Condominium Association v. Klein the First District held a Section 5-105 indigency waiver reaches only fees the court would charge, not fees awarded to an opposing party — upholding a $23,897 judgment.
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A federal court narrowed the contract exclusion in an Illinois condo association D&O policy
In Cincinnati Insurance Co. v. Metropolis Condominium Association the Northern District of Illinois held a policy's contract exclusion did not bar coverage for tortious interference with a third party's contract, triggering a duty to defend the whole suit.
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Chicago aldermen now get quarterly short-term rental data on every building
An amendment to the Shared Housing Ordinance requires monthly operator reports to BACP and quarterly ward summaries to aldermen — a new enforcement lever for boards, alongside the Prohibited Buildings List and new state lodging tax collection.
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Chicago would make every condo owner who rents register and pay per unit
The Protecting Renters Ordinance, O2026-0026554, would create a citywide rental registry, cap deposits at one month, and require relocation payments for no-fault non-renewals including condo conversion. A committee vote was scheduled for September 16, 2026.
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Chicago facade reports are due November 1 and December 1, and your amenity deck counts
Every Chicago building 80 feet or taller owes recurring exterior wall reports — ongoing inspections by November 1, critical examinations by December 1. Rooftop terraces and amenity decks require scaffold drops, and one unsafe finding ends the cheap path.
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Chicago relaunched energy benchmarking, and the star rating goes in your lobby
The Department of Environment relaunched the benchmarking programme in December 2025 on a new platform, with 2025 energy data due June 1, 2026. It covers condominiums and co-ops of 50,000 square feet or more, with a licensed verifier every three years.
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Chicago associations can no longer ban composting outright
An ordinance adopted October 16, 2025 bars Chicago property managers, building owners and community associations from imposing blanket prohibitions on resident composting where the container meets city standards.
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Chicago legalised ADUs citywide; your declaration may still say no
An amendment to Section 17-7 of the Chicago Zoning Ordinance effective April 1, 2026 permits coach houses and conversion units across most of the city — but it is zoning permission, and an association's governing documents may still restrict them.
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An Illinois disability claim against a condo board failed by one day
In Chellappa v. Summerdale Court Condominium Association the First District affirmed dismissal of repair and disability-accommodation claims over soundproofing — rejecting the trial court's exhaustion rationale but holding the claims were filed one day late.
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An SBA disaster-loan programme for HOAs is on the federal table, unpassed
CAI's 2026 federal priorities include H.R. 9159, creating SBA disaster loans specifically for associations to repair common areas, and H.R. 9569 expanding FHA financing for structural repairs. Neither has passed.
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Pritzker's housing plan would reach into common elements, and he has vowed to revive it
The BUILD package would legalize middle housing and ADUs by right statewide and preempt home rule. It stalled on June 1, 2026; the Governor says he will push it in the veto session. CAI engaged a sponsor over language allowing development in common elements.
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Illinois court: your declaration saying you are not a master association does not matter
In Bogot v. Haverford Homeowners Association the First District held that Section 18.5(a) decides master-association status regardless of what the declaration says, upheld equal per-unit assessments in a mixed community, and required owners to sue derivatively.
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An Illinois laundry-list records demand is not a Section 19 request
In Blue Ocean 21-1 v. Greenway Court Condominium Association the First District affirmed a finding of no breach where an omnibus multi-category document demand failed Section 19's particularity requirement — and noted the requester was a former owner.
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An Illinois trial court cut an association's fees without saying why; that was an abuse of discretion
In Beverly Glen Homeowners' Association v. Jagiello the Third District affirmed a $10,100 contempt fine but reversed the unexplained refusal to award post-trial attorney fees, remanding with directions to award post-trial and appellate fees.
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Illinois is suing State Farm to see the data behind your neighbours' premiums
Attorney General Raoul sued in October 2025 on behalf of the Department of Insurance to compel State Farm to produce zip-code-level nationwide homeowners data. The case is undecided, and its outcome determines whether the new rate-review law has teeth.
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Being evicted does not moot an Illinois owner's appeal — but no transcript does
In 832 Oakdale Condominium Association v. McBride the First District rejected mootness because association possession is temporary and the owner remains a unit owner, then affirmed because the appellant supplied no transcripts.
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Illinois court calls deconversion bid-suppression predatory and holds the association cannot sue over it
In 540 North Lake Shore Drive Condominium Association v. MCZ Development the First District affirmed dismissal of every claim over an alleged blocking stake and disinformation campaign, and held Section 9.1(b) gives no standing to represent former owners.
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An Illinois board's emergency order to enter a unit for mold testing was reversed in two weeks
In Board of Directors of 50 East Bellevue Condominium Association v. Quaid the First District reversed a TRO compelling access, holding it was a mandatory injunction that did not preserve the status quo and granted the ultimate relief sought.
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An Illinois owner's own insurer paid first, and the association may set it off
In Board of Directors of 1212 Lake Shore Drive Condominium Association v. List the First District held the collateral source rule does not apply where the declaration and Section 12(e) contemplate coordinated owner and association coverage — but the setoff cannot be resolved on summary judgment.
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FinCEN's final rule permanently ends beneficial-ownership filing for Idaho HOAs
The rule published 14 August 2026 narrows "reporting company" to foreign entities, closing out a Corporate Transparency Act obligation that had briefly reached volunteer association boards.
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Idaho insurance regulator widens its wildfire data call to almost every property carrier
Bulletin No. 26-02, issued 30 April 2026, drops the reporting threshold to $50,000 in Idaho premium and gathers four years of exposure and claims data — the evidence base behind a market that has tightened sharply.
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Reported: Idaho's HOA dissolution bill may return in 2027, with no committee behind it
One legislator's mid-session statement is the only on-record signal for 2027 — and the interim study committee that produced the 2026 housing package has not been reconstituted.
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An unsigned mediation term sheet is not an enforceable settlement
The ICA vacated two orders enforcing a mediated settlement where the only proof of the owners' assent was opposing counsel's account of what their lawyer said — and the board approved a different term sheet.
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Hawaii Supreme Court sets a twenty-year clock on mortgage foreclosure
A published August 2025 opinion holds HRS 657-31's twenty-year period governs mortgage foreclosure — which means an association holding or renting a unit can face a lender's foreclosure two decades after the default.
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Federal court: the FDCPA does not reach maintenance fees on an investment condo
Tsang v. Porter McGuire Kiakona holds unpaid maintenance and cable fees on a unit bought as a rental are not consumer debt — removing the FDCPA from a large share of Hawaii collection accounts.
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A bill capping association transfer fees at documented cost died unheard
SB 2878 would have barred any transfer fee that produces a profit, required documentation for anything above $350, and forced itemised disclosure of closing withholdings ten days before closing.
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Proposed: a condominium renewal statute Hawaii does not have
A commentary argues Hawaii's aging-tower problem is legal rather than physical — owners facing ruinous assessments have no statutory route to approve collective redevelopment, so buildings decay instead.
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Six-figure special assessments are hitting Hawaii's oldest condo owners hardest
Owner advocates report assessments of $20,000 to $100,000-plus pushing seniors to sell, draw down retirement savings or ration medication — and Hawaii law gives a board almost no way to accommodate them.
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Daily amenity fees at resort condos raise a common-expense question
Hawaii resort-condominium properties are unbundling beach club, pool and parking access into per-day charges — a structure that may collide with the statutory rule on how common expenses are assessed.
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Four bills to open up association records died, including a public document portal
A DCCA online portal was gutted in committee and never heard again; a bill cutting the copy fee from $1.00 to 75 cents was deferred; and two bills took opposite positions on charging for resale documents.
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Hawaii's condo regulator says AI invented a statute section that does not exist
Real Estate Branch guidance documents fabricated Hawaii citations, a wrong meeting-notice deadline, and warns that documents uploaded for AI analysis do not stay confidential.
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Hawaii presumes a public adjuster fee over 10 percent unreasonable on catastrophe claims
Commissioner's Memorandum 2026-6A, issued three weeks before Hurricane Lala, sets a bright-line presumption at 10 percent for catastrophe claims and 15 percent otherwise.
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A bill to abolish proxy voting in Hawaii board elections died without a hearing
SB 2837 would have repealed board-election proxies, changed quorum rules and given the Real Estate Commission power over election violations; a separate proxy-form disclosure bill passed the Senate 25–0 and died in the House.
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Hawaii's portable plug-in solar bill for condos died in one House committee
SB 2902 would have defined portable solar generation devices for use inside chapter 514B units and required a PUC registration system; it passed the Senate 25–0 and was never heard in Consumer Protection.
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A full rewrite of Hawaii's planned community statute has sat unfiled since 2023
Act 189 created two task forces. The condominium one finished in June 2026; the planned community one has not met since December 2023 — and its interim report contains a drafted revision of chapter 421J.
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A bank cannot void its own foreclosure to escape maintenance fees
The ICA held in Palm Villas II that only the mortgagor may elect to void a defective nonjudicial foreclosure — so a lender that bought at its own auction stays the owner, and stays liable for assessments.
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A bill to call condo owners “stakeholders” died one day past the deadline
SB 2433 cleared the Senate 24–0, was narrowed in the House to expand education-fund uses for owners, and its conference committee set a reconvening date one day after the final decking deadline.
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A bill to make off-island condo owners name a local agent died in conference
SB 2396 passed the Senate 25–0 and would have required owners living outside the state or on another island to give their association an on-island contact, plus a public DCCA registry of agents.
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Six condominium ombudsman bills, zero hearings — and the task force said no too
Every 2026 measure to create a DCCA ombudsman for condominium owners died without a committee hearing, and the state's own task force declined to recommend one on duplication grounds.
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New Oahu flood maps moved 3,500 parcels — and opened a one-year discount window
FEMA's revised Oahu maps took effect June 10, 2026; a newly mapped primary residence can claim 70 percent off the first $35,000 of building coverage, but only until June 10, 2027.
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A house rule saying “tile or hard wood” does not clearly reach vinyl plank
The ICA vacated summary judgment for an association because its flooring and soundproofing rule never defined its own terms — and separately held an owner has no fiduciary-duty claim against the association entity.
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Hawaii's new reserve rules put a formula and a 30-year floor in the code
HAR 16-119.6 defines “full replacement reserve” by formula, sets a $1,000 / 0.1 percent exemption threshold, bars counting borrowed money as reserves, and forbids back-loading a cash flow plan.
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Hawaii's only answer to the Fannie Mae problem was deferred to death
SB 2294 would have written compliance with mortgage lending requirements into the statutory duties of associations, boards and managing agents; it cleared one committee 4–0 and Judiciary deferred it.
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Hawaii subsidises up to $3,000 of condo mediation — but only for registered associations
The Condominium Education Trust Fund covers up to $600 of facilitative and $3,000 of evaluative mediation; planned community associations get nothing, and every Real Estate Branch phone number changed in December 2025.
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Maui set two dates to end 7,000 apartment-district vacation rentals
Ordinance 5909 amortizes Minatoya-list transient use out of A-1 and A-2 apartment districts — West Maui by January 1, 2029 and the rest of the county by January 1, 2031, with no opt-outs.
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Maui created hotel districts, then moved to rezone 26 named condominiums into them
Bill 88 established H-3 and H-4 districts in June 2026; follow-on resolutions would move 26 specific West Maui and Kihei properties out of the vacation-rental phase-out, using sea-level-rise exposure as the rationale.
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Two lawsuits say Maui's rental phase-out is a taking
Owners at one West Maui condominium and a proposed class of Minatoya-list owners sued the county within a week of Ordinance 5909 being signed; no court had enjoined the ordinance as of this writing.
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Hawaii still does not license community association managers, and 2026 did not change it
Four 2026 bills would have created a licensure regime distinct from real estate licensure or required director education within 90 days of election; none was heard.
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A hurricane watch does not decide which deductible applies
Commissioner's Memorandum 2026-7A tells insurers to determine causation claim by claim after Hurricane Lala — a distinction worth millions to an association with a 2 percent hurricane deductible.
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Three years on, Lahaina's destroyed condos are still short the money to rebuild
At one 189-unit Lahaina association, insurance is reported to cover about a fifth of a rebuild estimated above $200 million — the clearest demonstration that carrying a master policy and being able to rebuild are different facts.
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A Kihei oceanfront condo building is gone, and its association blames the county
The March 2026 Kona low destroyed a building at Kihei Kai that had been damaged in 2025 — putting an AOAO squarely into the substantial-damage route of HRS 514B-47 while owners split over whether to rebuild.
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A Kau condominium has no water because its private utility was destroyed
Three weeks after Hurricane Lala, a 76-unit Big Island association is on portable toilets and water tanks, restoration is estimated at six to twelve months, and its president wants the utility in receivership.
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A Kona association paid $162,500 for refusing accommodations that cost it nothing
DOJ consent decrees resolved Fair Housing Act claims after a buyer with paraplegia was refused an accessible parking space, a ramp and a toilet installation he offered to pay for himself.
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A court cannot rewrite an arbitrator's conclusions of law
The ICA vacated a circuit court order that replaced an arbitrator's Penney unanimity analysis with chapter 514B's 67 percent threshold — and pointedly did not hold that Penney is dead.
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The Hurricane Relief Fund is writing condo excess again — here's who qualifies
Two declination letters, insured value above $10 million, a $10 million underlying limit and a fixed 2 percent per-building deductible: the HHRF's terms, and the deadlines that lock a board out.
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The state is testing whether to extend the condo hurricane fund to houses
Two hurricane data calls in eight months, and the April 2026 one says in terms that its purpose is to determine whether the Hurricane Relief Fund could do for single-family coverage what it did for condominiums.
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Weeks-long elevator outages leave Honolulu condo residents stranded
More than ten Oahu residential buildings lost elevator service for weeks after the 2026 storms, against a state certification backlog of 3,421 elevators — a common-element failure with fair-housing consequences.
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Honolulu's 90-day minimum is on the books and unenforceable
A federal court permanently enjoined enforcement of Ordinance 22-7 against rentals of 30 to 89 days lawfully in existence at its effective date — so a board mirroring the ordinance text is copying a rule the City cannot enforce.
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Hawaii's condo repair loan program launched in May and is now on hold
The $20 million HGIA Condominium Association Loan Program opened on May 11, 2026 at 7 percent for 20 years; its program page now carries a hold notice, with the June 30, 2027 commitment deadline approaching.
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Hawaii AG indicts a property manager over $647,061 taken from associations
An Oahu grand jury indicted a Hawaiian Properties manager on computer fraud and first-degree theft over 22 allegedly unauthorized association checks — a sum that exceeds Hawaii's statutory fidelity-bond ceiling three times over.
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A Hawaiian flag display bill passed the Senate 25–0 and died in one House committee
SB 2795 would have required cooperative, planned community and condominium associations to allow owners to display the Hawaiian flag, subject to reasonable time, place and manner restrictions.
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Ground-floor owners help pay to waterproof the lanais above them
Frost holds that where a declaration includes only “lanai and atrium air space” in the apartment, the slab beneath an upper lanai is a common element and waterproofing it is a common expense.
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The legislature's answer to the REO rent question died without a meeting
SB 2765 would have let a foreclosing association keep rent collected before a commissioner is appointed — the exact question two 2026 appellate decisions have now answered without it.
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FinCEN ended beneficial ownership reporting for association boards
A final rule effective August 14, 2026 exempts U.S. companies and U.S. persons from Corporate Transparency Act reporting, and FinCEN says it will delete information already filed.
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A 25 percent cap on association attorneys' fees was cut, then the bill died
SB 2037 would have barred charging owners attorneys' fees on fines that are not collectable and capped fee awards at a quarter of the underlying claim; the committee deleted the cap and Judiciary never heard it.
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Fannie and Freddie rewrote the condo rules — a $50,000 per-unit deductible cap and no more Limited Review
From July 1, 2026 a per-unit master-policy deductible above $50,000 fails; from August 3, 2026 nearly every conventional loan in an established condo project needs a Full Review.
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Two 2026 rulings make how an association took title decide the rent accounting
Yang starts the HRS 514B-146(n) excess-rental-income clock at the association's own foreclosure judgment; Haleakala Gardens holds the section does not reach a unit taken by deed in lieu at all.
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$67,280 in fees to collect $11,498 is not disproportionate enough to reverse
The ICA affirmed a planned community association's full fee award because HRS 421J-10 entitles it to “all” reasonable attorneys' fees — proportionality alone is not a defense.
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Every Hawaii condo bill still alive on May 8 is dead, and none of it carries over
Hawaii's biennium rule carries bills from odd years to even years only — so the 33rd Legislature's unfinished condominium work must be reintroduced as new bills in 2027.
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Hawaii's condo insurance crisis produced a long bill list and no new law
Association captives, producer commission disclosure, competitive-quote requirements, hurricane retrofit tax credits and a fire-safety pilot all died in 2026 — leaving Act 296 (2025) as the operative response.
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Hawaii's electronic meeting and voting bills died again — three of them
HB 1679 would have clarified board authority over electronic meetings and mail voting and limited proxies to voting at a meeting; that proxy amendment drew the no votes, and the bill never reached a conference.
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Hawaii ICA: the wrongful-foreclosure clock runs from the recorded deed
Day v. AOAO Kaiolu Sunrise holds a six-year limitations period began when the association's quitclaim deed was recorded in 2010 — a solicitation letter ten years later did not restart it.
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The most consequential Hawaii condo work of 2026 happened outside the Legislature
The Act 189 task force met ten times and adopted recorded recommendations for a statutory fining and appeals process, payment-priority protections, and RICO and Real Estate Commission enforcement of chapter 514B.
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“Unavailable in CPM” for insurance reasons stops every conventional loan
Fannie Mae will not accept loans in a project flagged unavailable for insurance reasons even when the automated underwriting system says approved — and lenders must report deferred maintenance within five business days.
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Hawaii replaced its entire condominium rulebook in March 2026
The Real Estate Commission repealed HAR chapter 16-107 — which still implemented the repealed chapter 514A — and adopted eight new chapters governing registration, fidelity bonds, managing agents and reserves.
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The 2050 cesspool deadline is running nine times behind pace
About 83,000 Hawaii cesspools remain against a statutory 2050 conversion deadline, at fewer than 400 conversions a year against a needed 3,400 — and a shared system is a common expense, not an owner's problem.
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Hawaii Supreme Court: resale documents offered as downloads must be free
Caven v. Certified Management holds that HRS 514B-154.5(e) reaches a managing agent's own portal — so processing, expedite and transfer fees on a downloaded resale package are not lawful.
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Assistance-animal claims against a Hawaii association run out in two years
Camacho v. AOAO Ke Nani Kai dismissed FHA and HRS chapter 515 claims as time-barred on the pleadings, and confirmed that without a request there is no accommodation claim at all.
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A bill to strip the reserve “good faith defense” died in conference twice
SB 253 would have removed the statutory good-faith protection where a board adopts a budget lacking the required summary, and shifted the burden of proving compliance onto the association.
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A shuttered 152-unit Hilo condo-hotel shows how a leasehold project ends
The state ordered an $8,600 structural inspection of a vacant 1969 building on Banyan Drive after a party expressed interest in rehabilitating it — even though $14 million is already appropriated to demolish it.
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A $15 million Kona defect settlement produced an $8.35 million contribution award
The Alii Cove association settled construction-defect claims for $15 million, almost entirely insurance-funded; the developer then recovered $8.35 million from its general contractor in arbitration, confirmed on appeal.
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Three bills to tighten agricultural condominium regimes died in 2026
Two would have forced county sign-off on condominium maps for agricultural land; one cleared the Senate 25–0 and was never heard in the House. The one restriction that did pass rode in an agriculture bill.
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Hawaii's condo dispute-resolution rewrite died in conference for the second biennium running
HB 1897 would have set mediator and arbitrator qualifications and cut party fees to $150; conferees were seated, a meeting was noticed for April 29, and no report was ever filed.
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Two 2026 omnibus acts edited chapter 514B and changed no duty
Act 3 restated the electronic-records subsection of HRS 514B-154.5 and Act 108 corrected a cross-reference in 514B-84 — both technical, but the citation practitioners use has changed.
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Hawaii Act 40 gives multi-family policyholders 30 days and a stated reason
From January 1, 2027, an insurer nonrenewing a policy on multi-family residential property must give 30 days' notice, state the specific reason, and prove it mailed the notice.
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Every county must allow two ADUs by December 31 — and new covenants cannot stop them
Act 39 (2024) preempts private covenants recorded after May 28, 2024 from limiting ADUs or long-term rental on urban-district residential lots, and grandfathers everything recorded before that date.
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Hawaii Act 37 puts write-in candidates inside cumulative voting
Act 37 redefines “candidate” to include write-ins in both condominium and planned community association board elections, closing the early-nomination-cutoff tactic, effective May 26, 2026.
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Hawaii Act 34 bars using a condominium regime to split off farm employee housing
The Act legalizes farm employee housing on agricultural land at up to 800 square feet per unit, then forbids the fee owner from submitting any of it to a chapter 514B condominium property regime.
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Hawaii Act 256 forces a biennial replacement-cost prompt on homeowners policies
From January 1, 2027, producers must ask policyholders every two years about improvements, insurers must re-evaluate replacement cost, and an insure-to-value offer must be made and renewed annually.
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Hawaii Act 121 puts a rule-based rental ban on HCDA leasehold condominiums
Act 121 rebuilds the 99-year leasehold condominium program with a 60-day eligible-buyer window, a 60 percent income restriction, and a rental prohibition that will live in agency rules rather than statute.
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Hawaii Act 100 lets the smallest condos waive the triennial reserve-study review
Associations under 20 units in buildings of no more than two stories may now vote to skip the independent reserve-study review for one three-year cycle — but never for two in a row.
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A DeKalb couple face a $20,000 HOA foreclosure, with a hearing set for 23 September
Residents say the association's president was never elected. The couple get no help from Georgia's new HOA law — it is not retroactive, and its foreclosure reforms do not reach condominiums at all.
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Georgia's HOA law switches on ten days before the legislature returns
Chapter 43-17A takes effect 1 January 2027 with no rules written. Pre-filing opens 15 November. The senator who wrote the law says it “scratches the surface” — but nobody has announced a 2027 bill.
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Selective covenant enforcement by race is a Fair Housing Act violation, Eleventh Circuit holds
Watts v. Joggers Run is binding in Georgia. The court held § 3604(b) reaches the privileges and services an HOA contract creates — so post-purchase discrimination in association governance is actionable.
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Georgia neighbours voted in a short-term rental ban and it bound the owner who objected
In Vaughn v. Windfield, the Court of Appeals let a 1987 covenant community amend itself into a mandatory association, submit to the POA Act, and enforce a new rental ban against owners who never consented.
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Tybee Island caps rentals by sector while Atlanta's overhaul sits in committee
Georgia has no state short-term rental law, so the rules are municipal — and moving in opposite directions. Tybee's sector caps take effect 1 January 2027; Atlanta's replacement bills are stalled.
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Two more Georgia HOA officers charged over association money in 2025
A Carrollton treasurer and his wife face theft-by-conversion and forgery counts; a South Fulton president is charged over a reimbursement for security cameras that were never installed.
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Two Georgia bills would have let homeowners vote their HOA out of existence
HB 1036 and HB 1219 proposed rival dissolution mechanisms — one by referendum, one by court-supervised termination with a trustee. Neither got a recorded committee vote, and one had Republican leadership sponsorship.
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Georgia owners get twelve statutory rights — including three years of bank statements
New O.C.G.A. § 43-17A-7 lists what a Georgia association member may demand from 1 January 2027: finalised financials, the association's certificate of insurance, an annual meeting, and freedom to decide who lives in the house.
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A Georgia condo's “no security” clause does not bind renters, court holds
In a case of first impression, the Court of Appeals held Tuscany Condominium Association cannot use its declaration's security disclaimer against a tenant who was raped on the property — because she is not a member.
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Georgia's regulators have never issued a single HOA opinion, bulletin or rule
The Attorney General's published opinion index contains no community-association opinion of any vintage. The Insurance Commissioner issued no property bulletin in two years. The Real Estate Commission changed no manager rule.
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Filing a lis pendens on a neighbour's condo is privileged, Georgia court rules
A Buckhead owner sued upstairs over a water leak and filed a lis pendens. A jury found slander of title. The Court of Appeals reversed: statements in judicial proceedings are privileged, however malicious.
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A missing postmark undid a Georgia HOA's foreclosure against a lender
River Mansions cancelled a security deed by default judgment. The Court of Appeals set the whole thing aside: the certified-mail receipt carried a private postage meter stamp, not a Post Office postmark.
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Georgia's HOA registry opens in January and the rules are not written
O.C.G.A. § 43-17A-9 directs the Secretary of State to adopt implementing rules and sets no deadline. With under four months to go there is no published form, no portal date and no filing deadline for existing associations.
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Georgia's 2025 tort law names HOA directors as defendants — and then makes them much harder to sue
SB 68 created a new Article 5 of Title 51 governing premises-liability claims for third-party crime. Its definition of “owner or occupier” expressly includes any director, officer, employee or agent.
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Every Georgia association must register with the Secretary of State from 1 January 2027
SB 406 requires a $100 annual registration statement, a copy of the governing documents, a financial statement under a year old, and ten years of retained records subject to state examination.
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SB 406 lets a Georgia association opt out of the register entirely
Almost every summary calls registration mandatory. The enacted text creates a defined “nonregistered owners' association” that elects out by written notice — and the definition then carves it out of the whole chapter.
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Filing a state complaint will freeze a Georgia HOA's fine collection
New O.C.G.A. § 43-17A-5 lets any resident complain to the Secretary of State within 180 days — and the filing itself is an automatic stay on collecting the disputed fines and fees.
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Georgia enacts its first HOA oversight law: SB 406 becomes Act 715
Governor Kemp signed the Georgia Property Owners' Bill of Rights Act on 12 May 2026, creating a new O.C.G.A. Chapter 43-17A and putting community associations under the Secretary of State for the first time in state history.
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Georgia's HOA board-training bill was tabled on Crossover Day without a hearing
SB 393 would have required four hours of training for association directors before a board could fine or threaten foreclosure. It sat in Senate Public Safety for eleven months and was tabled on the deadline.
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Georgia's first HOA registration bill sat in Senate Rules for twelve months
SB 361 proposed Secretary of State registration and a $4,000 foreclosure threshold in March 2025. It was referred to Rules two days later and never moved again — and its author took public responsibility for the delay.
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Georgia's condo insurance deductible bill passed the Senate and died without a House vote
SB 230 would have lifted the $5,000 cap on the master-policy deductible a Georgia condominium association may charge one unit owner. It cleared the Senate, was favourably reported in the House on 20 March 2026, and was never called.
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A Georgia condo association won $98,650 from the neighbour whose runoff eroded its common areas
Red Oak Village sued the uphill parcel owner for continuing nuisance and trespass. The defendant never answered, and the Court of Appeals affirmed both the refusal to open default and the damages award.
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Georgia court fines a homeowner $2,500 for a frivolous appeal against her HOA
After a ten-year assessment fight, the Court of Appeals imposed a penalty on its own motion — part of a striking pattern of unrepresented Georgia homeowners losing HOA appeals by one-page order.
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The five-member HOA review board in Georgia's new law does not exist
Guidance circulating to Georgia boards describes a State Board for Review of Complaints, six-year terms and an Attorney General referral duty. All of it comes from a superseded draft — and the version still served by legis.ga.gov is that draft.
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Georgia will dictate how HOA payments are applied — dues first, fines last
New O.C.G.A. § 43-17A-8 reverses the payment-application clause in most Georgia declarations, bans accelerated assessments outright, and forbids refusing a partial payment.
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A Buckhead condo's generator case: toxic-tort claim dies, duty-to-maintain claim survives
Ovation Condominium Association escaped the personal-injury claim on specific causation — but not the breach-of-declaration claim, because it could produce maintenance records for only four years.
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The HOA ombudsman Georgia nearly created — and didn't
Senator Donzella James's SB 107 would have put an Office of the Ombudsman inside the Department of Community Affairs, with a 180-day right of redemption after foreclosure. Its companion SB 108 would have subordinated HOA liens to unpaid medical bills.
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Georgia gives owners no right to charge an EV and no right to install solar
No Georgia statute requires an association to permit EV charging or rooftop solar, and the Public Service Commission issued nothing in the window that changes it. The one binding mandate is a City of Atlanta ordinance.
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Georgia created no HOA study committee — before or after passing its HOA law
The 2026 interim roster runs to 24 committees covering kratom, nuclear power and foster care. Not one touches community associations, housing affordability or property insurance — and two resolutions to create one died.
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Five years after Surfside, Georgia still has no condo safety or reserve law
A full-text search of the Georgia General Assembly's own 2025-2026 status report returns no bill on reserve studies, structural inspections, building safety, manager licensing, the statute of repose or short-term rental preemption.
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Nine Georgia HOA transparency bills, and not one floor vote
Beyond the marquee measures, the 2025-2026 biennium carried a whole tier of records, account-statement and election bills. Two were favourably reported and never called; the rest never left committee.
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Georgia is under a statewide drought declaration — and the watering law beats your covenant
EPD declared Level 1 in April 2026 and it still stands. The rule underneath it matters more: Georgia permits landscape irrigation only between 4 p.m. and 10 a.m., year-round, drought or not.
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A Georgia developer claimed declarant rights it never had — and lost a RICO verdict
In Kingwood v. McMurry, four amendments were void because the entity that made them was never the declarant. The fraud and RICO verdicts stood; a $1.9m-per-household punitive award was vacated as excessive.
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Two Georgia insurance laws took effect in January — and neither reaches your master policy
SB 35 doubled homeowners' nonrenewal notice to 60 days; SB 201 banned assignment-of-benefits clauses in post-disaster contracts. Both are written around the individual homeowner, not the association.
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HUD will no longer charge HOAs over untrained support animals — and Georgia has no state backstop
A 22 May 2026 enforcement memo limits FHEO cause findings to animals trained to provide disability-related assistance. The Fair Housing Act is unchanged, and private suits remain — but the administrative route is closed.
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Georgia just doubled the home equity an HOA judgment cannot touch
HB 1024 raised the exemption from levy and sale from $21,500 to $50,000 — $100,000 for a married couple — effective 1 July 2026, and indexed it to inflation from 2031.
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A local TV investigation produced Georgia's HOA law, and lawmakers said so on the floor
Atlanta News First's “HOA Nightmares” series ran from 2025 into the session. Rep. Rey Martinez thanked the reporter by name when presenting SB 406; another legislator said the series “put a lot of heat in this house.”
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Georgia created an HOA appreciation day and killed the HOA transparency resolution
SR 595 recognising “HOA, COA, and POA Day” was introduced and adopted on the same day in January 2026. HR 1751, urging transparency in association governance, never left committee.
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Georgia DOT can now buy your HOA's common property by dealing with the board alone
New O.C.G.A. § 32-3-2.1, in force since 1 July 2025, lets an association's board convey common property to the Department of Transportation on behalf of all owners — and binds every owner to the judgment.
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Georgia wrote “community association management services” into its licensing law, and nobody noticed
HB 399 added express broker-licence exemptions for association employees and for volunteers managing their own community — and separately barred local governments from requiring rental registration.
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A Georgia HOA can still say no to rooftop solar — the bill to change that was shelved
HB 389 would have barred associations from preventing solar installations. A House committee approved one solar bill in March 2025 and set this one aside “until next year for further work.” Next year never took it up.
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Georgia's tiny-home bill died in the Senate — and would not have touched HOA covenants anyway
HB 1166 would have overridden local zoning to allow accessory dwelling units of 400 square feet. It passed the House on Crossover Day, was rewritten in the Senate, and never passed. It addressed zoning only.
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Georgia bill to abolish HOA foreclosure cleared committee, then was never called
HB 1035 would have made unpaid association assessments unsecured debts. It was favourably reported on 26 February 2026 with eight days to Crossover Day, and House Rules never put it on a calendar.
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Georgia's HOA foreclosure threshold is not simply “$4,000”
SB 406 rewrites O.C.G.A. § 44-3-232(c) from 1 January 2027: a two-part threshold with a $2,000 floor, 60 days' notice, fines excluded from the lien maths — and a lien that now lasts six years instead of four.
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Georgia HOAs are permanently out of the beneficial ownership registry
FinCEN's final rule, effective 14 August 2026, exempts all US-formed entities from Corporate Transparency Act reporting — and directs the bureau to delete information already submitted about US persons.
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Georgia enacted eviction-record sealing inside its HOA bill
Section 8 of SB 406 has nothing to do with associations: it adds a new O.C.G.A. § 44-7-50(e) letting a court make dispossessory records unavailable to the public — a renter protection that has failed as standalone legislation elsewhere.
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An HOA used small-business bankruptcy to reorganise around a homeowner's judgment
The Eleventh Circuit, in a published decision binding on Georgia, upheld a community association's subchapter V designation and its reorganisation plan against the homeowner who had beaten it in state court.
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A Dacula HOA budgeted $40,000 in fines and collected nearly $200,000
Residents of Daniel Park say fines have topped $400,000 and foreclosures have begun — over leaves in the yard and an approved tree removal. A five-fold overshoot turns a deterrent into a revenue line.
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A Georgia couple built a pool pavilion without approval and owe $73,000 in fees
In Cotton v. Vinings Estates, the Court of Appeals affirmed $6,475 in fines, $73,000 in fees and an order to demolish — and held a court need not balance the harms before enjoining a covenant violation.
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Georgia condominiums get the new HOA registry but none of the collection relief
SB 406's foreclosure threshold, 60-day notice, fines exclusion and attorney-fee gate all amend the Property Owners' Association Act — which by statute does not apply to condominium associations.
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A South Fulton HOA director is charged with forging a deed to take a unit
Tabetha Rowe was booked into the Fulton County Jail in July 2025 on charges including first-degree forgery and theft related to registration of title to land. It is the second criminal case at the same complex.
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The HOA industry asked Kemp to veto SB 406 and lost badly
The Community Associations Institute sent 16,560 emails, ran a Capitol Day and a paid media campaign, then asked for a veto. The bill passed the House 155-10 and the Senate without dissent, and Kemp signed it on deadline day.
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A Georgia property manager is indicted over roughly $600,000 in missing rent and HOA dues
A Gwinnett grand jury indicted Bravo Property Management's owner on eight felony counts. Complainants have filed at least 18 police reports and lawsuits across six Georgia counties.
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Georgia's “take over a failed HOA” statute gets its first appellate reading, and it is narrow
O.C.G.A. § 44-5-60(d)(5) lets owners sue individually when an association fails at basic governance. In Boaz v. Thirteen Hundred on Lake Nottely, the owners asked for the wrong remedy and lost.
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Every Georgia HOA bill that did not pass is now dead for good
Georgia runs a two-year biennium. When the 2026 session adjourned on 2 April, fifteen-plus community-association measures expired permanently and must be refiled from scratch in 2027 with new numbers.
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Georgia's new HOA attorney-fee rule has been in force since 1 July 2026
Section 7 of SB 406 took effect two months ago: no property owners' association may collect or be awarded attorney's fees without certified-mail notice, a 30-day window and an itemised list — and a judge must find the fees reasonable first. Condominiums are outside it.
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A Georgia covenant that bars combining lots does not bar building across them
In Anderson v. Tolomato Island, the Court of Appeals applied Georgia's strict-construction rule and reversed — while warning the owner that winning the declaration point does not mean the review board must approve his house.
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Lose an ADA website suit against a Georgia HOA and you owe $10,000 — possibly trebled
New O.C.G.A. § 51-1-58, effective 1 July 2026, lets a Georgia defendant recover statutory damages and fees from an unsuccessful website-accessibility claimant and their attorney — but only if it sends a warning letter first.
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Georgia covenant communities get a new 80% route into the POA Act
SB 406 amends O.C.G.A. §§ 44-3-222, 44-3-226 and 44-3-235 so an existing mandatory-membership association can submit to the Property Owners' Association Act on an 80% vote and a recorded instrument.
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Georgia's whole building code family moved to the 2024 editions in January
The DCA Board adopted eight new State Minimum Standard Codes effective 1 January 2026 — including the fire code that governs multifamily buildings and the pool code that governs every HOA amenity.
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Assess or claim? A Georgia condo board's choice is now a certified class action
1280 West assessed owners $5,000–$7,000 each for balcony repairs without submitting a claim to its insurers. The Court of Appeals affirmed class certification on all seven grounds the association raised.
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Eleventh Circuit: HOA discrimination against an existing homeowner violates the FHA
Watts v. Joggers Run reversed a dismissal and held that selective citations, amenity restrictions and harassment stated plausible claims under the FHA and the Civil Rights Act. It binds Florida.
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Florida water-damage claims now turn on ruling out the common-element pipes
Two Third DCA decisions a month apart put the same burden on whoever sues. An association lost a directed verdict against an owner; an owner lost summary judgment against her association.
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A 14-day notice defect froze an Orlando condo's special assessment
A circuit judge halted collection of a $5,000 to $10,000 per unit assessment after finding the meeting notice was not postmarked 14 days ahead and wrongly stated the assessment was already approved.
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Florida's condo turnover certificate database bills both died
HB 255 and SB 638 would have required boards to file turnover certificates with the state and directed DBPR to build a searchable database. Neither bill was ever agendaed.
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Florida's EV charging right is not a right to rewire the building
In Persechino v. Station Square the Second DCA affirmed an injunction requiring removal of an owner-installed Tesla charger, holding the five statutory conditions are not a ceiling on what a board may require.
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Florida's HOA ombudsman bill died without a hearing
SB 906 would have created an Office of the Homeowners' Association Ombudsman with a toll-free hotline. Neither it nor SB 908, the per-parcel fee that would have funded it, was ever placed on a committee agenda.
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Florida SB 722 would have exempted shorter condo buildings from SIRS — it died
SB 722 would have limited the structural integrity reserve study requirement to buildings above a set height and let owners vote to waive or reduce reserve contributions. It never reached a committee agenda.
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My Safe Florida Condominium expansion passed the Senate 37-0, then died
CS/SB 1706 would have loosened eligibility for the condominium hurricane-hardening grant program, including for mixed-income buildings. The House never took it up.
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Florida created the first recall process for CDD board members
SB 1180, effective 1 July 2026, lets 10 percent of registered CDD voters petition to recall a supervisor. Until now there was no mechanism to remove one mid-term.
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Florida's first HOA director education rule took effect this week
Rule 61B-19.004, effective 7 September 2026, sets the education requirements for homeowners' association directors and directs that a non-compliant director be suspended by the board itself.
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Florida's first milestone inspection data: 54 unsafe buildings, most not vacated
OPPAGA Report 26-04 covers 2024 and 2025 milestone inspections. A quarter of required phase one inspections were never completed, and the report says most buildings found unsafe or uninhabitable stayed occupied.
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Six arrested over an alleged $5.8m scheme against five Miami-Dade associations
Miami-Dade Sheriff's Office announced arrests after a two-year investigation into property-management companies allegedly used to control association finances. All charges are allegations.
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An HOA has postponed elections two years while appealing a state order
A DBPR arbitrator ordered a new election for all five board seats in 2023. A circuit court confirmed it in 2024. The association appealed, and elections were postponed again in June 2026.
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Displaced tenants can sue a condo association as a class — and the policy may not respond
The Third DCA affirmed class certification for tenants displaced by a condominium fire. In a separate case it held an association's businessowners policy owed no defence for a shooting on the property.
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MRTA wiped out a golf-course restriction an HOA relied on
The Sixth DCA held that an affidavit confirming signing authority is not a muniment of title, so it could not preserve a 1973 use restriction past the 30-year window.
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Florida mobile-home associations lost a procedural shortcut, and residents lost a park
The Fourth DCA held that two mobile homeowners' associations cannot combine into a single Rule 1.222 class action. Separately, roughly 200 households were removed from a Sweetwater park after a change-of-use fight.
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No foreclosure judgment while an owner's counterclaims sit unresolved
The Third DCA reversed a summary foreclosure judgment where the owner's tender defence and counterclaims for breach of the declaration and fiduciary duty had never been adjudicated.
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Insurer delay can save an association's late hurricane claim
Hypoluxo Mariner's Cay reversed a dismissal on limitations grounds where the insurer never issued the coverage determination that is a condition precedent to suit.
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Florida HOAs can no longer demand a building permit before reviewing your project
HB 803, now Chapter 2026-63, bars an association or its architectural committee from requiring a building permit as a prerequisite to review. It took effect on 1 July 2026.
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Florida's new derivative-suit rules have no association carve-out
Chapter 2026-168 created ss. 617.0741 and 617.0742, requiring a member to hold that status when suit is filed and to plead a verified 90-day demand. Unlike neighbouring sections, neither exempts community associations.
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Florida's interested-director contract test was rebuilt — and the burden moved
Chapter 2026-168 substantially reworded s. 617.0832, defined what is fair to the corporation, and provided that a challenger bears the burden of proving unfairness where disclosure and a qualified vote occurred.
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Florida rewrote the nonprofit act — and association director liability with it
Chapter 2026-168 renamed and rewrote Chapter 617 across 190 sections, substantially rewording the director standard of care and expanding the personal-liability shield. It took effect on 1 July 2026.
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Florida HB 657 passed the House 108-2, then died in Senate Rules
HB 657 would have let homeowners terminate an HOA on a 50 percent petition and a two-thirds vote, subject to court approval. It cleared the House on March 5 and expired in Senate Rules eight days later.
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Florida's mandatory professional management bills both died
HB 465 cleared every committee and then expired on the Second Reading Calendar without a floor vote. Its Senate counterpart, SB 822, died in Judiciary. Self-managed associations were not forced to change.
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Hammocks HOA president sentenced to seven years
Marglli Gallego pleaded guilty to racketeering and was sentenced to seven years in prison followed by seven years' probation. Her husband pleaded guilty to money laundering and forfeited a property to the association.
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An HOA that skipped arbitration lost its claims — then filed for bankruptcy
The Eleventh Circuit's decision in Guan v. Ellingsworth records an association waiving its own claims by suing rather than arbitrating, and then using subchapter V reorganisation against the homeowner's fee award.
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Fannie Mae banned the reserve method Florida's SIRS statute requires
Fannie Mae's Selling Guide now bars the baseline funding method from satisfying its reserve test. Florida's structural integrity reserve study statute requires a baseline plan as its minimum. Both are in force.
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DBPR: condo associations may not black out board signatures on posted records
A declaratory statement issued to Antigua II Condominium Association holds that s. 718.111(12)(c)5 does not authorise redacting or obscuring board-member handwritten signatures on records required to be posted.
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31 December 2026 is a double deadline for Florida condominiums
Buildings reaching 30 years during 2026 must have a milestone inspection by 31 December. The same date is the outer statutory limit for completing a structural integrity reserve study, with no path beyond it.
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DBPR is proposing citation power over condo boards at $10-$30 per unit
A rule published for comment on 31 July 2026 would let DBPR cite condominium associations directly, with a $500 floor and a citation that becomes a final order if not disputed within 30 days.
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Florida's condo and co-op state account deadlines have already passed
Rules 61B-23.002 and 61B-78.001 required associations to populate a DBPR online account within 45 days, putting the condominium deadline around 2 August 2026 and cooperatives around 28 August.
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DBPR: Florida's condo flag protection covers a plain US flag only
A declaratory statement on the petition of a unit owner at Ocean Pearl Condominium holds that s. 718.113(4) does not extend to a United States flag altered by additional symbolic elements.
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Citizens now wants your milestone inspection report at submission
Citizens amended its submission rule to require building safety or milestone inspection reports and five years of loss history. A widely repeated claim that HB 913 barred Citizens coverage without compliance does not survive checking.
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Citizens condo association wind-only rates rose 14.1% on 1 July 2026
OIR approved Citizens' 2026 commercial lines changes: 14.1 percent for condominium wind-only and 7.7 percent for condominium association multiperil, effective for policies on or after 1 July 2026.
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Two Florida cities, two opposite answers on condo rentals
Cape Coral's rental registration expressly covers condominium units leased to tenants. Sarasota's vacation rental ordinance expressly exempts condominiums and cooperatives.
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A bulk buyer cannot amend its way out of a unanimous termination clause
Avila v. Biscayne 21 holds that dropping a condominium's termination threshold from 100 percent to the statutory 80 percent alters voting rights, and so itself requires unanimity. The Supreme Court declined review.
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Florida's audio-only meeting bills died; video remains the only option
SB 1744 and HB 1541 would have let community associations hold meetings and elections by audio conference and extended emergency powers to cover it. Neither was ever placed on a committee agenda.
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Amendment 3 would halve the non-homestead assessment cap
On 3 November Florida voters decide whether to cut the annual assessment-increase cap on non-homestead residential property from 10 percent to 5 percent. A judge struck the Legislature's ballot title as a slogan.
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No condo or HOA bill has been filed for Florida's 2027 session
The 2027 bill list contains 17 private claim bills and nothing else. Interim committee weeks begin 30 November, and the Senate filing deadline is noon on 2 March 2027.
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Two new Colorado insurance rules name HOA mitigation letters as evidence carriers must consider
Division of Insurance Regulation 5-1-28, effective October 1, 2026, applies to commercial policies covering residential condominium units and lists HOA and community-level mitigation certificates among the evidence an insurer must review. Regulation 5-1-29 follows on January 1, 2027.
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Colorado's 2026 wildfire-code agenda ended in committee, and no interim panel is drafting a replacement
SB26-089 to recreate the Wildfire Matters Review Committee and HB26-1334 to give affected property owners a right to petition the wildfire code board both failed, leaving no legislative venue drafting wildfire-and-covenants bills for 2027.
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Colorado's Supreme Court will decide whether a unit owner's guest is an invitee as to the HOA
The court granted certiorari en banc on January 12, 2026 in Twin Shores Master Owners Association v. Willis, on whether a unit owner's guest injured in common elements is afforded invitee status under the Premises Liability Act.
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Colorado's turf law names common interest community property — and most boards misread it
HB25-1113 extended Colorado's nonfunctional turf prohibition, which since January 1, 2026 has covered common interest community property. It is a duty on local entities, no existing turf must be removed, and it does not let a board force turf on an owner.
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Thirty-one Colorado jurisdictions face a December 31 housing-density deadline
Under HB24-1313 each transit-oriented community must file a Housing Opportunity Goal report with the state by December 31, 2026, calculated at 40 units per acre — a rezoning that can land next to a covenanted subdivision without touching its declaration.
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Colorado's appellate courts published three HOA opinions in twenty months
A census of every Colorado Court of Appeals and Supreme Court announcement from January 2025 to September 2026 finds almost no citable association precedent — and more than twenty association appeals decided in opinions nobody can read.
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Three Colorado cities give owners three different answers about their HOA
Arvada tells owners a city permit does not overrule HOA approval. Denver says it does not regulate HOAs at all. Colorado Springs says an HOA may not unreasonably restrict an ADU. Only one document reconciles them.
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A Colorado manager's incident report can start the duty to preserve evidence
In Terra Management Group v. Keaten, decided June 23, 2025, the Colorado Supreme Court held a court may sanction destruction of evidence where litigation was reasonably foreseeable — and an incident report plus persistent complaints can be enough.
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Reported: a Colorado Springs HOA took a $3.2 million deductible its documents capped at $10,000
Local reporting says the Soaring Eagles HOA bought a policy with a $3.2 million deductible after a 2024 hailstorm, levying about $21,000 per homeowner, with more than 50 mechanic's lien notices filed against individual properties.
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Colorado's new AI law reaches HOA screening decisions from January 2027
SB26-189 repealed and replaced Colorado's AI Act, and its covered domains include the lease or purchase of residential real estate — with no small-entity exemption for associations that use scoring tools.
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Colorado rowhome owners can now get a court order to step onto a neighbour's lot
SB26-177 creates a district-court action for limited access to adjoining property to make repairs, and its definition of a single-family residence expressly includes a residence in a row joined by common sidewalls.
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Colorado is taxing homeowners insurers to pay for hail-resistant roofs — but not, clearly, HOA roofs
SB26-155 creates the Strengthen Colorado Homes Enterprise, funded by a 0.5% fee on homeowners insurers that may not be surcharged to policyholders, to grant homeowners money for resilient roofs — with association eligibility unresolved.
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Colorado HOAs are still shut out of state disaster mitigation money after SB26-049 died
SB26-049 would have made a homeowners' association an eligible entity for Colorado's natural disaster mitigation enterprise and created a $50,000 catastrophe savings account deduction. It cleared Senate Finance 7-2 and died in Appropriations.
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Colorado now counts HOA dues and metro-district fees against a 35% affordability cap
SB26-040 rewrites the Proposition 123 affordable home ownership test so that homeowners' association fees and metropolitan district fees count toward the maximum monthly housing payment, effective July 1, 2026.
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Colorado HOAs must now count their foreclosures before they can renew registration
Since October 1, 2025 the state's HOA registration has asked four mandatory questions on delinquencies, judgments, payment plans and foreclosure filings, plus nine optional ones on assessments and late fees.
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A Colorado condo association's own adjuster file became its insurer's weapon
A federal court in Colorado denied Prairie Walk Condominium Association's Rule 11 sanctions motion on August 6, 2025, after the insurer cured within the safe harbour — in a hail claim where a $1.7 million contractor proposal sat behind a $14 million demand.
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A Colorado POA's false $15.5 million assessment demand cost it its insurance entirely
The Tenth Circuit held on February 24, 2025 that a CGL knowledge-of-falsity exclusion defeated both defense and indemnity for The Peaks Owners Association, after directors testified they knew the demand ignored payments already made.
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Colorado's 2025 sunset review of its real estate regulator expressly excluded HOA managers
Anyone can manage a Colorado HOA. The state's October 2025 sunset review of the Division of Real Estate disclaims any review of community association managers, and the most recent sunrise review of CAM licensure dates to 2021.
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An HOA that lost by default could not get early review — and the reason is instructive
In 2025 COA 35 the Court of Appeals denied a homeowners association's petition for interlocutory review of an order refusing to vacate a default judgment, in a published order explaining exactly which requirements it failed.
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Nothing on Colorado's November ballot touches HOAs — but one measure is worth watching
The Secretary of State certified fourteen statewide measures on September 4, 2026, none on HOAs, CCIOA, condominiums, metro districts or property tax. Amendment 82, a constitutional right to natural gas, is the one with an unresolved association angle.
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Colorado's builder warranty programme opened in January — check the county records before you buy
Since January 1, 2026 a Colorado builder of attached housing can record a notice of election to participate in the Multifamily Construction Incentive Program, which changes the claim rules for every unit in that project.
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From January, Colorado park residents get the infrastructure records before they bid
HB26-1224, effective January 1, 2027, expands what a mobile home park landlord must disclose on an intent to sell — including three years of infrastructure inspection and repair records and the age of major infrastructure.
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A Colorado metro district lost its claim against its own former directors for missing a notice
In 2025 COA 52 the Court of Appeals held that the Colorado Governmental Immunity Act's notice-of-claim requirement applies even when a public entity sues its own employees — and failure to give it bars the claim forever.
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Reported: Castle Rock homeowners took over five metro district boards over $434 million in debt
Residents of The Meadows won control of five of seven metro district boards in May 2025 after reporting on ballooning bond debt — while the master district controlling the bond finances remained in developer hands. No metro district bill was introduced in 2026.
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A Colorado roofer working on the roof was a landowner for injuries inside the store
In 2025 COA 59 the Court of Appeals held as a matter of first impression that the Premises Liability Act has no physical-proximity requirement for landowner status. Certiorari was denied on April 6, 2026, with two justices recording they would have granted.
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Colorado's lot-splitting bill exempted existing HOA communities — then died 6-0
HB26-1308 would have forced larger Colorado jurisdictions to approve qualifying lot splits from December 31, 2027, but excluded lots in any common interest community created on or before that date. It passed the House 39-0 and was killed unanimously in Senate committee.
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Lakewood voters repealed the city's entire zoning overhaul — and covenants were never at stake
On April 7, 2026 Lakewood voters struck down all four 2025 zoning ordinances by roughly 64%, restoring prior single-family zoning. The vote was about public zoning; it did not touch any declaration.
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Jefferson County now bans junipers and combustible fences near homes — and says nothing about covenants
The Jefferson County Wildfire Resiliency Code took effect July 1, 2026, requiring noncombustible hard surfaces in the first five feet, noncombustible fencing within eight feet of a structure, and prohibiting four named plant species. Its text contains no reference to private covenants.
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Colorado's own study: HOA insurance premiums up 115%, five carriers hold half the market
The Division of Insurance's HB24-1108 market study found Colorado HOA written premium more than doubled between 2020 and 2024, premium per $1,000 of insured value rose 44%, and the top five insurers went from 26% to 48% of the market.
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The ballot measures to cap Colorado HOA dues and make them deductible never made the ballot
Two 2026-cycle initiatives — a $150 to $300 monthly cap on HOA fees, and a deduction for them — died at the review-and-comment stage because the proponents filed an idea rather than statutory text.
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Colorado HOA complaints rose 21% in 2025, and communication led the list again
The state's 2025 HOA Information and Resource Center report records 364 complainants, up from 300, with 8,615 active registrations covering 1,084,321 units — and its own list of statutory gaps in CCIOA.
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Colorado bill to void mandatory golf-club covenants — and open club books — died 8-5
HB26-1316 would have voided post-2027 covenants requiring club membership and forced private clubs to disclose budgets and minutes, suspending dues until they did. It expressly exempted HOAs and metro districts, and was postponed indefinitely on March 24, 2026.
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A Colorado HOA now needs 65% of allocated votes to sue over construction defects
HB25-1272 raised the CCIOA owner-approval threshold for an association construction defect action from a majority to at least 65% of allocated votes, and requires net recoveries to be spent on the repair first.
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Colorado bill for a four-month binding appraisal on disputed claims died in committee
HB26-1247 would have required homeowner's policies issued after January 1, 2027 to carry a mandatory binding appraisal process with a four-month maximum timeline. It was postponed indefinitely on March 25, 2026, and the state's record carries an unexplained later entry.
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Polis vetoed the arbitration bill that would have reshaped condo-defect disputes
HB26-1236 passed both chambers and was vetoed on June 2, 2026. It never mentioned HOAs, but it would have voided above-court-cost arbitration fee clauses and removed the bar on exemplary damages in arbitration.
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Colorado bill to let HOAs demand proof before translating notices died in committee
HB26-1201 would have let a Colorado association require a unit owner to demonstrate the need for correspondence in another language, and would have ended the dual-language requirement. It was postponed indefinitely on February 25, 2026.
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Colorado wildfire risk scores became appealable on July 1 — and condo policies are covered
HB25-1182 took effect July 1, 2026, requiring insurers to credit community-level mitigation or give discounts for it, disclose the score behind a nonrenewal, and answer an appeal on a 10-day and 30-day clock.
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Colorado gives departing HOA managers 45 days to hand back the records — or pay $250 a day
HB26-1099 adds a new CCIOA subsection requiring a terminated management company to deliver all association property, including account passwords and keys, within 45 days, with a $250-per-business-day penalty and treble damages for willful violations.
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Colorado HB26-1099 makes developers pay for a 30-year reserve study before turnover
A new CCIOA section requires the declarant of a Colorado planned community or condominium to commission and pay for an independent 30-year reserve study before control passes to the association, effective August 12, 2026.
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Colorado now presumes an HOA ban on assistance animals is discriminatory
HB26-1045 writes the rescinded federal assistance-animal guidance into the Colorado Anti-Discrimination Act, making a complete prohibition presumptively discriminatory and barring the argument that an animal's mere presence is a direct threat.
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Colorado's HOA foreclosure rules now run on four separate clocks
HB25-1043 has been in force since October 1, 2025, requiring a ledger within seven business days, three advisements 30 days before foreclosure, notice of a right to cure within five business days after, and certified mail plus two other channels.
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From January 2027, Colorado covenants banning plug-in solar are void
HB26-1007 makes a portable-scale solar device an energy efficiency measure under CCIOA and voids covenants that unreasonably prohibit one, including on a balcony or patio that is a limited common element.
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A Colorado HOA won its arbitration clause — and was warned it can lose it by stonewalling
A federal court in Colorado compelled a Highland Bridge Lofts owner's entire suit — fines, surveillance, balcony damage and discrimination claims — into mandatory ADR, while expressly warning the association that refusing to participate could forfeit the right.
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Freddie Mac now expressly permits a deductible buy-back policy — the option Colorado boards need
Freddie Mac Bulletin 2026-C retired the Streamlined Review and the 50% owner-occupancy requirement, capped per-unit master-policy deductibles at $50,000, and expressly blessed deductible buy-back insurance as a way to meet its requirements.
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Fort Collins legalised ADUs and cut parking minimums — with no mention of covenants anywhere
Ordinance No. 009, 2025 added ADUs across Fort Collins residential districts and removed minimum parking requirements for new multi-unit development. Searched in full, its eighteen pages contain no reference to HOAs or covenants.
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FHA and VA did not follow the GSEs — Colorado condo eligibility is about to split by loan type
HUD's condominium project approval page lists no 2025 or 2026 change, and no VA circular on condo approval was located. From January 2027 a Colorado project can satisfy FHA at 10% reserves while failing conventional review at 15%.
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Limited Review is gone, and Colorado condos need a 15% reserve allocation by January 4
Fannie Mae retired the Limited Review process for loan applications dated on or after August 3, 2026 and raises the minimum replacement reserve allocation from 10% to 15% of annual budgeted assessment income on January 4, 2027.
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Colorado told HOAs the FAIR Plan may not fit — and barred the obvious workaround
The state's own HOA advisory sets out the FAIR Plan's $5 million commercial cap, actual-cash-value basis, limited perils and 100-foot single-building definition — and says governing documents cannot be altered to subdivide a community to qualify.
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A Colorado HOA got a $1.26 million fee award against it reversed — and won a new route to its own fees
In 2026 COA 58, announced July 9, 2026, the Court of Appeals held that a breach of the implied duty of good faith and fair dealing is a "default" triggering contractual fee-shifting, and that a lodestar may not be built on hours the court concedes are unreasonable.
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Eagle County declined to regulate short-term rentals and said it is the HOAs' job
On May 13, 2025 Eagle County commissioners declined to create county-wide short-term rental regulations, reasoning that most rentals in unincorporated areas are already governed by metro districts or homeowners associations.
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Colorado's drought shield against HOA watering fines is narrower than owners think
A July 23, 2026 state advisory says the CCIOA drought protection only covers an owner watering to the maximum the local restriction allows — and concedes the statute never defines what proof of that looks like.
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An HOA director's insurance defence vanished when one claim was dismissed
The Tenth Circuit affirmed that a Park Estates HOA director's liability defence was contingent on a fiduciary-duty claim, not on his status — so when the claimant dropped that count, the defence ended while he stayed a defendant for years.
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A Colorado HOA fought an affordable-housing project and now faces an abuse-of-process claim
A federal court in Colorado held on January 28, 2026 that a homeowners association's land-use litigation was objectively baseless, so the sham exception to petition immunity applied — letting abuse-of-process and tortious-interference claims proceed.
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Colorado is building 39 apartments for every condominium
Reported figures put Colorado rental apartment production at nearly 39 times condominium production by 2025, with condo-builder liability insurance running 4% to 6% of hard costs and fewer than five insurers underwriting the risk.
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Build an ADU in Colorado Springs and you lose the short-term rental permit for the whole property
Ordinance 25-45, approved April 8, 2025, allows ADUs in every Colorado Springs zone that permits a detached house and, from June 30, 2025, prohibits properties with an ADU from holding a short-term rental permit.
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Broomfield's ADU ordinance bans short-term rentals and demands an architectural match
Ordinance No. 2265, effective September 16, 2025, permits ADUs in all Broomfield zones allowing single-unit residential use, bars them from short-term rental use, and requires design consistency — with no mention of private covenants anywhere in its text.
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Both Colorado bills to hold contractors accountable failed — one on the House floor, one 13-0
HB26-1245 would have made diverting a construction advance payment a theft offence and lost 27-37 on House third reading. HB26-1415 would have created a voluntary state contractor certification and was killed 13-0 in committee.
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Aurora's council refused to update its ADU code — which did not repeal the state statute
Aurora's city council voted 6-2 on June 9, 2025 to turn back the ADU and parking alignment ordinances the state required by June 30, 2025. The city's own attorney told council it must abide by the mandates regardless.
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Colorado froze homeowners non-renewals in five ZIP codes after the Aspen Acres Fire
Emergency Regulation 26-E-04 took effect August 19, 2026, barring cancellations and non-renewals based solely on location in five Pueblo and Custer county ZIP codes — but it applies to owner-occupied homeowners policies, not association master policies.
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Colorado's Supreme Court backed an HOA fighting condemnation of its private roads
In 2026 CO 54, decided June 23, 2026, the court held a trial court has discretion to order discovery before an immediate-possession hearing in an eminent domain case — and erred by believing it had no authority to do so.
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Arizona court: an HOA foreclosure sale cannot be undone for a low price
Division Two held that A.R.S. § 33-1807 implicitly abrogates the common-law power to set aside an HOA assessment-lien foreclosure sale for a grossly inadequate price. A petition for review is pending.
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An Arizona owner cannot sue alone over neglected common areas
Division One held that a claim over an association's failure to maintain common areas is derivative, so it requires 50 members or 25 percent of the voting power plus a written demand under A.R.S. §§ 10-3631 and 10-3632.
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Arizona HOA boards cannot vote in executive session, and the ruling is now final
The Arizona Supreme Court denied review on September 8, 2026, leaving in place Division One's holding that a planned community board may consider matters in a closed meeting but must take every vote in the open.
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A non-HOA bill just narrowed Arizona's HOA solar protection
SB 1419 limits the statutory definition of “solar energy device” to systems serving on-site residential demand. Because A.R.S. §§ 33-1816 and 33-439 protect only devices as defined in that section, the HOA solar protection narrows with it.
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Arizona bars HOA boards from acting in executive session
SB 1290 inserts “without action” into the planned community open-meeting statute, so a closed session may consider but not decide. Condominiums are not covered.
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Arizona condos get the $10,000 foreclosure threshold, a year late
SB 1246 lifts the condominium assessment-lien foreclosure trigger from $1,200 or one year to $10,000 or eighteen months, matching a protection planned communities have had since September 2025, and adds a special-assessment carve-out to both statutes.
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Arizona court: no right to a view, even after the HOA moves a building envelope
Division One affirmed dismissal of a nuisance claim by Mesa homeowners whose view was lost when the association and the city approved relocating a neighbouring lot's building envelope.
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More than thirty Arizona HOA bills died in 2026, almost none by a vote
Assessment caps, records access, election reform, a hundred-year sunset on declarations and a mandatory payment-plan rule all failed. Most were never put on a committee agenda at all.
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Arizona writes a duty to act reasonably into HOA law
HB 4011 adds a statutory duty for condominium and planned community associations to exercise discretionary powers neutrally, fairly, without favoritism and in a nonarbitrary fashion, effective September 12, 2026.
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Arizona rewrites the HOA resale disclosure package
HB 2397 moves the clock to offer acceptance, allows electronic delivery, adds board minutes, reserve studies and open violations to the package, and narrows an association's liability to knowing or reckless failures.
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Arizona HOAs may not ban backyard shade structures
HB 2342 creates A.R.S. § 33-1816.01, barring planned community associations from prohibiting backyard umbrellas, awnings, shade sails, gazebos, pergolas and canopies, and capping their rules at municipal zoning.
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Arizona Supreme Court lets HOAs sue builders over homes they do not own
In Gallery Community Association v. K. Hovnanian, the court held A.R.S. § 33-2002 authorizes an association to bring what amounts to an implied warranty suit for construction defects, covering both common areas it owns and individually owned homes.
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Arizona expanded HOA flag rules twice in one session
SB 1184 adds armed forces division flags to the list Arizona associations may not prohibit; SB 1808 adds a ninth category. Both amend the same two sections without referencing the other, so neither chapter alone states the law.
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Three Arizona HOA rules are circulating as law. None of them passed
Bills on drought overseeding, board action by written consent, and dog breed restrictions are being reported as enacted. The legislature's own records show all three died, and the September 12 effective date makes the confusion costly.
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Arizona forces cities to allow casitas. Your HOA can still say no
Arizona's ADU statutes strip municipalities of exterior-design control and now reach every county, but both expressly preserve private covenants — leaving the architectural committee holding the authority the city lost.
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Arizona quietly raised its HOA dispute filing fee to $800
The Department of Real Estate now charges $800 per issue to petition against an association, up from $500, with no rulemaking and no public notice — in the same year three bills to cap that fee died.
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Seven Arizona HOA laws take effect September 12
Arizona's 2026 session adjourned June 13, which puts the general effective date at September 12. Seven community association acts land that day, with no emergency clause and no delayed date among them.
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Alabama's wholesaling bills died — the HOA carve-outs were never new
SB 246 and HB 586 would have regulated unsolicited offers to purchase real estate and unfair service agreements. Both died. The homeowners-association exclusions they carried are existing Alabama law, not something the bills would have created.
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Two Alabama sessions passed without amending a word of HOA or condo law
Across the 2025 and 2026 Regular Sessions, no enacted Alabama act touched the Homeowners' Association Act, the Uniform Condominium Act, or the Condominium Ownership Act — and the 2025 session produced no association bills at all.
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A condo association sued a city under the Open Meetings Act, not the Condo Act
Turquoise Place Condominium Association sued the City of Orange Beach in December 2025 alleging a special-called settlement meeting was posted online five minutes before it began, and asked the court to invalidate what the council did.
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Alabama's wind-mitigation grant excludes the buildings most exposed
Strengthen Alabama Homes pays the full cost of a FORTIFIED roof up to $10,000, but Ala. Admin. Code r. 482-1-159-.02 requires an owner-occupied single-family primary residence and says the home cannot be a condominium.
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Letting your lot go to a tax sale may not end HOA assessments
Stoney Point Landing HOA v. Lee reverses a summary judgment for owners whose lot had sold twice for unpaid taxes: because neither tax purchaser took possession or sued in time, title may have reverted to them — along with the 2024 assessment.
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Comment closes October 5 on Alabama's proposed residential building code
The Home Builders Licensure Board has proposed a new Chapter 465-X-10 establishing the Alabama Residential Building and Energy codes. The final date for comment is Monday, October 5, 2026.
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Ono Island POA loses an island to the 20-year rule of repose
F Family South, LLC v. Property Owners Association of Ono Island holds that Alabama's 20-year rule of repose bars a POA's tax-redemption claim over a parcel sold in 1995, notwithstanding the no-time-limit rule for owners in possession.
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No 2027 Alabama HOA bill can exist yet, and the rules say why
Alabama Senate Rule 36 bars prefiling from the start of the last session of a quadrennium until the Organizational Session, leaving a three-week prefiling window from January 12 to February 2, 2027.
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Madison legalises short-term rentals and sets ADU rules, covenants untouched
Madison's new zoning ordinance is reported to add short-term rentals as a staff-approved conditional use across every residential district and to impose detailed accessory-dwelling-unit standards, with no mention of HOAs or private covenants.
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Madison judge: objecting to your HOA board's decision is not an injury
Two Heritage Plantation residents sued to stop their HOA from culling Canada geese. Circuit Judge Patrick M. Tuten denied the injunction and dismissed the case: harm to the geese was not harm to them.
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Alabama condominium declaration bill died without a committee vote
HB 260 and SB 121 would have barred consents and waivers from being used to amend a condominium declaration and let associations intervene in arbitration and mediation. Both died in committee; Alabama REALTORS says it worked to oppose the legislation.
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The FinCEN question is closed for Alabama associations
FinCEN permanently ended beneficial ownership information reporting for U.S. companies effective August 14, 2026, which removes the Corporate Transparency Act question that had hung over incorporated Alabama HOAs and condominium associations.
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Fannie Mae retired Limited Review, and Alabama condo boards will feel it
For loan applications dated on or after August 3, 2026, Fannie Mae's condominium project standards no longer offer a Limited Review pathway, so more Alabama projects face a full review of their budget, reserves and master policy.
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Alabama justice questions whether relative hardship is really a defense
The Supreme Court of Alabama affirmed an injunction against a River Pointe lot owner whose willful misconduct barred the relative-hardship test, while Justice Parker wrote separately to question who should carry the burden on it.
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Alabama's coastal insurance commission has a menu and no report
HJR 291 created a joint interim commission to examine wind-insurance costs on coastal commercial and multifamily properties. A 2025 resolution listed what it should consider, including broadening the wind pool for commercial property. No report has appeared.
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Baldwin County POA loses the pool, wins the patio on appeal
In Austin Brook & Austin Park POA v. Nabors, the Alabama Court of Civil Appeals let an unapproved swimming pool stay because the architectural committee never responded and never sent a cease-and-desist, while ordering the patio and deck enforced.
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Athens HOA told owners to remove fences it had already approved
In Brookhill Landing, homeowners who built fences with written architectural approval received letters from the association's law firm in December 2025 demanding removal within 10 days because the fences sit in a drainage easement.
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Alabama bars hurricane-claim non-renewals and surcharges, wind pool included
Revised Bulletin 2025-08, issued February 4, 2026, makes it an unlawful trade practice to cancel, non-renew or surcharge a personal or commercial property policy based solely on a catastrophe claim, and it binds the Alabama Insurance Underwriting Association.
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Alabama's wind pool will not write a condo master policy, and says so
The Alabama Insurance Underwriting Association's rules, effective November 1, 2025, exclude loss assessment, blanket insurance and schedules involving more than one building, and forbid writing multiple condominium units on one policy.
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Alabama's new title-fraud law reaches HOA liens and owner alerts
Act 2026-536, effective October 1, 2026, creates a probate procedure for nullifying false recorded instruments and authorises free county services that alert owners whenever a document is recorded against their property.
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Birmingham gets vacant-property registration, and condos are in scope
Act 2026-511, effective October 1, 2026, lets Alabama's Class 1 municipality enact vacant-property registration ordinances, with a definition of residential building that expressly names condominiums and townhouses.
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Alabama abolishes member derivative suits against nonprofits, effective August 1
Act 2026-495 took effect August 1, 2026, adding Ala. Code § 10A-3A-6.14 to bar member derivative actions outright and letting a membership nonprofit deny records to a member who misused information within the past two years.
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Alabama reorganised the chapter that catches unincorporated HOAs
Act 2026-325 creates a decentralized unincorporated nonprofit association form using distributed ledger technology, and in doing so restructures Chapter 17 of Title 10A — the default law for an Alabama association that never incorporated.
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Alabama's rebuilt PACE program still shuts out condominiums
Act 2026-265, effective June 1, 2026, opened Alabama's property-assessed financing program to private capital providers while retaining the exclusion of condominium and cooperative units, limited common elements and common elements.
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Alabama's larger homestead exemption shrinks what an HOA can collect
Act 2026-203, effective June 1, 2026, raised Alabama's homestead exemption in bankruptcy with a further increase for seniors and the disabled — which changes the arithmetic on collecting a money judgment for unpaid assessments.
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HVAC warranties now transfer with an Alabama condo unit, fee-free
Act 2025-374, effective October 1, 2025, makes an unexpired manufacturer's HVAC warranty transfer automatically to the buyer of residential real property, expressly including condominium and cooperative units, and bars the warrantor from charging a transfer fee.
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Idaho Supreme Court: a subdivision master plan is not a restrictive covenant
Vintage II, LLC v. Teton Saddleback Vistas HOA reverses a ruling that a recorded master plan referenced in the owners' deeds encumbered 640 acres, and rejects a common-law dedication built on an "open space" label.
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Idaho Supreme Court: a county boundary adjustment cannot lift covenants off a lot
Jordan v. Powers holds that an amended plat does not remove land from recorded CC&Rs, but reverses the finding that those covenants barred a road and vacates both the injunction and a $23,453 fee award.
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Idaho AG settles with two HOAs and a manager of 70 communities over undisclosed transfer fees
Assurances of Voluntary Compliance announced 8 May 2026 rest on two propositions: a transfer fee must be expressly authorised in the recorded covenants, and a management company has no authority to charge one at all.
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DC makes condo virtual meetings and electronic voting permanent
D.C. Law 25-324 wrote electronic meetings and early electronic voting into the Condominium Act at § 42-1903.03(f), overriding any contrary language in a condominium's own instruments.
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A vacant condo unit can now earn a DC rehabilitation tax credit
The Vacant to Vibrant Amendment Act defines an eligible property to include a condominium unit that is registered or designated vacant or blighted — giving boards a lever on the empty unit nobody is maintaining.
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DC's TOPA overhaul is running without the advisers it requires
DHCD's guidance confirms there were no certified tenant support providers, sets a notice deadline for exempt owners that has now passed, and moves TOPA filings to email while the full rulemaking waits.
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More of your association's trees now need a DC permit to remove
The Tree Preservation Enhancement Amendment Act of 2026 lowered the Special Tree threshold from 44 inches to 40 inches in circumference and set removal fees and fines to rise with inflation from July 1, 2029.
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DC bill would ban smoking inside every condo unit in the city
Bill 26-590 would prohibit smoking anywhere inside multifamily housing of two or more dwelling units, and within 25 feet of an entrance or window — doing by statute what most associations can only achieve by amending their declaration.
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DC has ordered rules allowing single-stair condo buildings by July 2027
The One Front Door Amendment Act requires the Department of Buildings to permit one entrance and egress stairway in multifamily buildings up to six stories, subject to sprinklering, travel distance, and a four-units-per-floor limit.
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DC's short-term rental bill still turns on what your association permits
Bill 26-647 would let tenants and second-property owners obtain short-term rental licences, while carrying forward the requirement that an applicant attest their condominium, cooperative or homeowners association allows it.
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DC's new seller disclosure form says the association does not fill it out
A final rule effective November 28, 2025 rewrote 17 DCMR § 2708, adding condominium, cooperative and HOA checkboxes, limiting the seller's disclosure to their own unit, and stating the form does not satisfy the § 42-1904.11 resale package.
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DC's rooftop solar rule for major re-roofing runs out this month
A temporary act requires rooftop renewable systems where a project replaces or repairs half the roof — with pool decks, roof terraces and HVAC penthouses as the statutory escape hatches. It expires 225 days after taking effect.
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DC extends its condo bailout to owners who already sold and left
D.C. Law 26-174 adds “Former Property Owners” to the River East at Grandview relief statute, converts outstanding Home Purchase Assistance loans to grants, and adds grants of up to $50,000 — tax-free through 2032.
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DC reverse-mortgage rescue fund now pays condo and HOA fees
The DC Housing Finance Agency's foreclosure-prevention program is permanent, its per-household cap rose from $25,000 to $40,000, and association fees became an eligible use of the money.
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DC's RENTAL Act rewrote the route by which buildings become co-ops
D.C. Law 26-80 exempts buildings under 15 years old from TOPA, defines when an entity transfer counts as a sale, and creates certification regimes for the advisers and purchasers who stand up a tenant cooperative.
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A DC association beat a Fair Housing claim over master-policy repairs
In Reese v. Park Place Condominium HOA I, a federal judge granted summary judgment where the association showed its bylaws limited it to damage affecting buildings as a whole and its policy required a casualty event.
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DC set a floor for privately collected trash — and put the condo credit under review
The CLEAN Collections Amendment Act requires at least 32 gallons of container space per residential unit and twice-weekly collection, and orders the CFO to report on the condominium and cooperative trash collection tax credit.
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DC court: a conversion-era tenant protection did not die with the tenant
In Potomac Place Associates v. Mendez, the Court of Appeals held a co-signing son remained protected after his elderly mother's death, because he was a bona fide tenant at the time of the building's condominium conversion.
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DC's pet-fee caps and breed-ban repeal are law and not in force
The Pets in Housing Amendment Act of 2024 took effect in March 2025, but the subsections capping pet deposits and barring breed, size and weight restrictions read “Not Funded” in the DC Code.
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DC changed one section of its Condominium Act in two years
Across 77 sections of the DC Condominium Act, exactly one carries a 2025 or 2026 amendment. Everything that reached District associations in that period arrived sideways — through water, stormwater, roads, trees and energy.
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DC's net-zero code arrives January 2027 unless regulations land first
D.C. Code § 6-1453.01 requires final net-zero-energy regulations by December 31, 2026 — and if they do not issue, Appendix Z becomes mandatory for permits submitted from January 1, 2027.
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DC bill would let the buildings department lien you before you fix it
The LIEN Act would expand the Department of Buildings' authority to record liens on real property, including before hazardous housing-code violations are abated and for unpaid DOB fines.
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Two DC rulings shut the door on lender attacks on condo foreclosure sales
Flagstar Bank v. Advanced Financial and Tyroshi Investments v. U.S. Bank held a low price at a 2014 association sale was not unconscionable as a matter of law, and that suits to void such sales run on a three-year clock, not fifteen.
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DC bill would license management companies, not just managers
The LAMP Act would require every firm providing property management services in the District to hold a licence, individually license its principals, and designate a lead manager for each property. It has had no hearing in 18 months.
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DC stormwater charge on pools and private streets carries an automatic lien
District law defines athletic courts, swimming pools and private streets as chargeable impervious surface, makes the charge the property owner's obligation, and provides that non-payment produces a lien without further notice — with applicability reaching back to 2009.
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DC killed the bill that paused condo foreclosures during aid applications
Bill 26-194 would have barred an association from foreclosing on an assessment lien while an owner's Homeowner Assistance Fund application was pending. It was postponed indefinitely in May 2025, and the emergency version expired that July.
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DC's flood rules now add up five years of an association's permits
Final rules define “substantial improvement” as any combination of work over the preceding five years, extend the flood hazard area to the 500-year floodplain, and set design flood elevation at the 100-year level plus two feet of freeboard.
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Federal bill would let FHA finance condo repairs and special assessments
H.R. 9569 would amend the National Housing Act so FHA can insure association rehabilitation loans under Section 234 and let individual owners finance special assessments through 203(k). It was referred to committee in June 2026.
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The reserve mandate DC never passed arrives in January 2027
Fannie Mae's Lender Letter LL-2026-03, aligned with Freddie Mac, raises the minimum reserve allocation to 15 percent of assessment income, retires Limited Review, bars baseline reserve funding and caps master-policy deductibles at $50,000.
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DC's condo EV right-to-charge law has never taken effect
D.C. Code § 6-1451.03c, the provision giving unit owners a right to install charging ports, reads “Not Funded” — its operation was conditioned on an appropriation that has never been made.
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DC elevator paperwork moved agencies — and the certificate goes in the car
Since October 1, 2025 the Department of Buildings issues conveyance certificates rather than DLCP issuing licences, backed by two years of passed third-party inspections and displayed inside the cab.
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DC now requires one elevator running whenever a building is occupied
Administrative Bulletin 2025-03 confirms the Department of Buildings enforces Title 12-G, not Title 14 — setting an elevator availability duty, a 68°F heat standard from October 1, and a cooling season running May 15 to September 15.
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DC regulator: depreciating labor on a property claim is an unfair practice
Bulletin 25-IB-001 tells every property and casualty insurer licensed in the District that depreciating labor, taxes, fees, overhead and profit in an actual-cash-value settlement violates § 31-2231.17(b)(6) — and that no such policy form will be approved.
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DC will help pay a condo's structural warranty claim — up to $10,000
DHCD administers a need-based fund for associations that levied a special assessment to pursue a developer warranty claim, and a claim-perfection procedure that runs on a two-year clock most new boards miss.
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DC Water must now post your association's arrears at every unit
A District law in force since August 14, 2026 requires shutoff notices to name the condominium or community association as the delinquent party, state the amount owed and the days past due, and go up at each unit 30 working days ahead.
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DC Water pauses the stormwater re-measurement that would reset condo bills
The Authority halted its rollout of new Equivalent Residential Unit measurements in January 2026 and says changes will not begin before fiscal year 2029 — but the annual rate keeps rising, reaching $24.23 per ERU per month.
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Federal court won't freeze a DC condo board's $200-a-day fines
In 14PNWDC LLC v. Zapata-Mercado, a judge denied a temporary restraining order against daily fines and a $10,000 legal-expense special assessment, holding the harm was compensable and foreclosure was neither certain nor imminent.
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DC can repave your private street without asking — and bill you forever
D.C. Code § 9-401.19 lets the Mayor enter and restore a covenanted private road or alley with or without the owner's consent, and recover the cost as a continuing and perpetual lien on the property.
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DC is rewriting all twelve construction codes — comment window opens this fall
The Department of Buildings took over code development in February 2026, committed to adopting the 2024 model codes by the end of 2027, and will publish first proposed rules in late 2026 with a 45-day comment period.
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DC bill would raise the condo deductible pass-through from $5,000 to $25,000
Bill 26-495 would rewrite § 42-1903.10 to quintuple the deductible a unit owner absorbs when damage originates in their unit, set statutory minimum owner coverages, and let associations force-place policies. It has not moved since a March 2026 hearing.
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DC's condominium advisory council has never met in nine years
The Office of Open Government dismissed a complaint about the Condominium Association Advisory Council on August 28, 2026 — because the body created by statute in 2017, and required to meet four times a year, has never convened.
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From January 2027, a DC owner renting a unit can't bill common-area utilities
The Fair Housing Practices Amendment Act bars a housing provider from separately charging tenants for utilities accrued by common spaces or vacant units, and adds a 45-day documented notice before sending unpaid amounts to collections.
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DC court: Water Authority never justified how it bills master-metered condos
In Capitol Park IV Condominium Association v. DC Water, the Court of Appeals vacated summary judgment, holding the Authority gave no rational explanation for tying stormwater classification to whether a property is individually metered.
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DC's top court revives a condo EV-charger claim and rewrites fee-shifting
In Burton v. Chase Point, the Court of Appeals held an association cannot moot an owner's injunction by adopting its own rule mid-suit, and construed “substantially prevailing party” in § 42-1902.09(b) for the first time.
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DOEE's new BEPS guidebook speaks to buildings that earn no income
Version 1.2, finalized August 11, 2026, clarifies hardship relief, adds remedies for non-compliance, and details how the rules apply to non-income-producing buildings — the category most DC condominiums and cooperatives fall into.
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DC moved every BEPS deadline a year — and added a hardship exemption
D.C. Law 25-307 slid the second energy-performance cycle to 2028, pushed annual benchmarking from April 1 to May 1, and created a whole-cycle exemption for financial distress or low occupancy.
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DC energy benchmarking now reaches buildings over 10,000 square feet
The reporting threshold dropped in 2026, pulling in small and mid-size condominium and cooperative buildings that had never been regulated — with a May 1 deadline that many will have missed and fines of up to $100 a day.
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A DC neighborhood commission wants condo owners told when a warranty bond lands
ANC 1E adopted a resolution in May 2026 asking DHCD to notify associations whenever developer warranty security is received or modified, after one association learned of a $660,000 bond only through a records request.
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DC developer pays $400,000 to a condo association after losing its appeal
The Court of Appeals held the District may order a developer that no longer owns a building to correct structural violations, relying on the condominium warranty statute; the Attorney General then settled for $400,000 paid to the association.
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Delaware tenants can now stop an eviction until the moment it is executed
A new 25 Del. C. § 5716A, in force since September 1, 2026, gives a right of redemption in summary possession actions — and says expressly that it covers a lot in a manufactured home community.
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Success Village begins the handover back to its residents
A judge has ordered a resident advisory board at Success Village, the 924-household Bridgeport-Stratford cooperative in receivership since 2024. The receiver expects to exit within 6 to 12 months, leaving an annual steam-system bill of $700,000 to $800,000.
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Connecticut's reserve-study mandate died without a hearing
Senate Bill 816 would have required every Connecticut association to perform an annual reserve study. Introduced by the Senate President Pro Tempore, it never got a hearing. Five years after Surfside, Connecticut still has no reserve or inspection mandate.
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Connecticut Supreme Court narrows the assistance-animal claim
In CHRO ex rel. Pizzoferrato v. Mansions, LLC, the Supreme Court held a person only “regarded as” having a mental disability is not entitled to an accommodation — and vacated the Appellate Court's reasoning on when a second animal is “necessary.”
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Connecticut repeals the condo terrorism coverage mandate
Public Act 26-69 repeals the rule that a condominium association's master policy could not exclude terrorism losses. The change took effect on passage — June 2, 2026 — and it moves the decision from the statute book to the board.
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Connecticut PA 26-31 opens a court route to an association audit
Public Act 26-31 lets owners holding 20% of the votes petition the Superior Court to order an independent audit of their association's financial records — but a forensic accountant must sign off first, and the petitioners pay. Effective October 1, 2026.
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Connecticut adds a condo warning to the seller's condition report
From October 1, 2026 the residential condition report carries a new special statement telling buyers in communities of more than 12 units to obtain a resale certificate and request a reserve fund report — and telling buyers in smaller communities they may get neither.
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Connecticut condo solar rights, and the January 2028 opt-out clock
Since January 1, 2026 a Connecticut association cannot unreasonably restrict rooftop solar on a single-family detached unit — but an association formed on or before that date can vote itself out entirely, and the window closes January 1, 2028.
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Connecticut: your renovation, your share of the common expense
A subsection added to § 47-257 requires that where a unit owner's addition, alteration or improvement increases common expenses — maintenance, repair or insurance — the increase is assessed solely against that owner's unit. In force since October 1, 2025.
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Connecticut lets some condo deposits leave escrow
Public Act 25-146 permits a condominium developer to use a purchaser's deposit for actual construction costs instead of holding it in escrow — but only where the contract allows it and the purchaser is an accredited investor.
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Connecticut managers must disclose vendor interests and build fees
Public Act 25-111 narrowed who escapes community association manager registration and added a written disclosure duty — ownership interests in entities soliciting the association's business, and the charge for construction oversight outside the management contract.
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Connecticut: a board member was bound by a settlement she never signed
Nunez v. Brown-White upheld enforcement of a settlement in a defamation and CUTPA suit between two Seaview Village board members — counsel's emails made the agreement, and the client's refusal to sign did not unmake it. Released August 4, 2026.
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HUD narrowed assistance-animal enforcement. CHRO did not
HUD withdrew its assistance-animal guidance in September 2025 and limited reasonable-cause findings to trained animals in May 2026. Neither step binds the Connecticut Commission on Human Rights and Opportunities or affects a private court action.
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Connecticut ADU bill died — after the covenant override was stripped
House Bill 5507 would have made accessory dwelling units as-of-right statewide. As raised it reached into common interest community covenants; that language was removed before it advanced, and the bill then died on the House calendar.
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Connecticut co-op tax-interest bill passed the House, died in the Senate
House Bill 5500 would have let municipalities waive interest on delinquent taxes and sewer charges owed by common interest communities of more than 500 units in receivership. It passed the House on April 22, 2026 and was never called in the Senate.
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Connecticut bill to flip the condo budget veto died in committee
House Bill 5437 would have replaced CIOA's rejection-based budget ratification with a requirement that a majority of all unit owners vote yes. It got a public hearing on March 16, 2026 and was never voted on.
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Connecticut board-gift and election-conduct bill died in committee
House Bill 5433 would have barred board members and candidates from accepting gifts worth more than $50 a year and stopped managing agents and vendors campaigning in association elections. It never got a vote.
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Connecticut associations are permanently out of BOI reporting
FinCEN's final rule, effective August 14, 2026, permanently ends beneficial ownership reporting for entities formed in the United States — removing the Corporate Transparency Act question that hung over Connecticut association boards since 2024.
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Connecticut's reserve rules are now written by Fannie Mae
Coordinated Fannie Mae and Freddie Mac changes raise the replacement reserve minimum to 15% of budgeted assessment income, cap master-policy per-unit deductibles at $50,000, and retire Limited Review — a de facto standard for Connecticut associations.
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Connecticut: a settlement release swallowed later claims against directors
In DiSpazio v. Pacapelli, a 2015 release given to a cooperative association and its officers defeated a 2019 suit against five directors over an accounting and sale proceeds — and the owners were sanctioned with the directors' attorney's fees.
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Connecticut's consumer regulator listed HOA complaints it cannot hear
The Department of Consumer Protection issued guidance on March 11, 2026 listing seven categories of homeowners association complaint. It credentials managers but not boards, and its Real Estate Unit does not hold hearings on condo complaints.
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Connecticut still has nowhere to take a condo dispute
A Probate Court mediation pilot and a proposal to let the DCP and CHRO investigate boards both died in committee in 2025. Connecticut has no HOA ombudsman, and the Department of Consumer Protection says plainly that it does not hear condo complaints.
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Connecticut's crumbling-foundation condo cap rose to $82,000
CFSIC's per-unit condominium cap rose from $76,000 to $82,000 on January 20, 2026, against an average remediation cost of about $139,000. The CHFA supplemental loan programme that covered the difference stopped functioning in August 2025.
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Connecticut: build without approval and you lose the reasonableness argument
Casner v. Roberts enforced a plan-approval covenant against owners who built a six-car garage without submitting anything — and reversed the trial court for reading the covenant as a total ban on commercial use. Released February 3, 2026.
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Hartford denied condo short-term rentals its owners had approved
Bushnell on the Park's members amended their documents to permit short-term rentals by 88.72%. Hartford's Planning and Zoning Commission denied the special permit 5-0 on July 28, 2026, showing where association self-governance stops.
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A Connecticut city asked what it owes its condo owners
Bristol's mayor called a citywide conference of condominium associations after a 6% tax rise met inflation-driven fee increases. On the table: municipal bulky-waste pickup, and a 2024 state law allowing a 5% to 35% assessment discount for owner-occupied units.
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Connecticut: amending a lien complaint does not reopen a default
Birch Groves Assn. v. Jordon affirmed a homeowners association's lien foreclosure where the owner sat on a default for nearly three years, and held that an amended complaint adding more unpaid charges did not extinguish it. Released July 1, 2025.
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Connecticut: a unit owner's separate suit survives the lien foreclosure
In Akinyele v. Huntington Condominium Assn., the Appellate Court held that res judicata cannot bar claims a unit owner was forbidden by law to raise in a common-charge foreclosure. Officially released May 5, 2026.
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Zone 0 approved: no mulch, no wood fences within five feet
The Board of Forestry adopted first-in-the-nation ember-resistant zone rules on August 19. They are at the Office of Administrative Law and not yet effective.
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HOA master policies enter California's wildfire non-renewal ban
A new Insurance Code section names homeowners and condominium associations by name, and the Gann Fire bulletin locks 22 ZIP codes for a year from August 6, 2026.
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California's high court took no HOA case at all this year
Eleven common interest development matters reached the Supreme Court's 2026 conferences. Review was denied in every one, depublication refused in another, and four publication requests turned down.
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Insurance regulator files 432-count action over wildfire claims
A market conduct exam found 398 violations in 220 sampled claims. The 15-day and 40-day clocks it enforces are the same ones that govern an association master policy claim.
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The HOA bills that died on August 31 are gone for good
2026 closed a two-year session, so four common interest development measures cannot return. Ten more sit with the Governor until September 30.
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SB 908 would cap HOA design review over window replacement
The bill would add Civil Code section 4754, imposing a 45-day deemed-approval clock and limiting aesthetic control to buildings over 20 units. It awaits the Governor's signature.
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HOAs are no longer named as additional insured on EV chargers
SB 770 quietly deleted that requirement from Civil Code section 4745 effective January 1, 2026. The annual certificate of insurance survives.
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SB 625 already voids CC&Rs that block disaster rebuilding
In force since January 1, Chapter 548 adds Civil Code sections 4752 and 4766: a 110 percent rebuild envelope, a deemed-complete default at 30 days, and mandatory attorney's fees.
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SB 222 would bar HOAs from blocking heat pumps
The bill would add Civil Code section 4737, voiding covenants that restrict heat pumps or gas-to-electric appliance swaps, and would cap local permit fees. It awaits the Governor's signature.
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SB 1267 would shield HOAs from liability for member EV chargers
The bill would amend Civil Code section 4745 to limit association liability to gross negligence, extend owner responsibility to damage from use, and require annual insurance certificates.
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SB 1238 would rewrite HOA manager duties and balcony reports
The session's largest common interest development package would add a manager standard of care, restrict reserve spending on litigation, and reformat balcony inspection reports.
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SB 1007 would have cut the HOA assessment cap to 8% — it died
The bill passed the Senate 24-13, then never got a hearing in the Assembly. The 20 percent limit in Civil Code section 5605 is unchanged.
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San Diego County now requires an HOA before an ADU can be sold
Ordinance No. 10986 implements AB 1033 in the unincorporated county, and makes an existing association's board vote a condition of map approval.
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Court voids a 400% HOA dues increase under Civil Code 5605
Ruffier v. Volcano Hills holds that skipping the annual budget report and the member vote makes an assessment increase void, and section 5600's funding duty does not cure it.
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$250,000 in punitive damages against an HOA over a buried well
Ridley v. Rancho Palma Grande affirms an injunction and punitive damages against an association that rejected unanimous expert opinion and misstated facts to agencies.
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Appeals court narrows Civil Code 4740 in Indian Wells STR ruling
Parsons v. City of Indian Wells, certified for publication August 31, revives a city ordinance letting a CID vote to opt out of a 29-night minimum stay.
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LA County rentals must hold 82°F from 2027
The county's maximum indoor temperature ordinance lands on condominium owners who rent, while the surfaces the equipment needs belong to the association.
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Arbitration can swallow the HOA records fee protection
Key v. Hidden Hills shows what happens when the section 5235(c) and 4955(b) one-way fee shields are decided by an arbitrator instead of a court. The decision is not citable.
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California HOAs can no longer charge any fee for an ADU
A single sentence added to Civil Code section 714.3 in June 2025 removed fees and financial requirements from the definition of a reasonable restriction. The state's own handbook says so too.
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Fannie Mae's 15% reserve floor lands January 4
Lender Letter LL-2026-03 raises the minimum reserve allocation from 10 to 15 percent for applications on or after January 4, 2027. Civil Code section 5605 caps increases at 20 percent.
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Business judgment rule covers an HOA board's ADU denial
Eng v. Opperman holds Lamden deference is not limited to maintenance decisions. The Supreme Court denied both review and depublication in April.
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HOA beneficial ownership reporting is permanently over
A FinCEN final rule effective August 14, 2026 ends Corporate Transparency Act reporting for domestic entities including community associations, and deletes what was already filed.
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HOA foreclosure buyers can be outbid for 45 days after the auction
Bird Rock Home Mortgage v. Breaking Ground holds that the Civil Code section 2924m post-sale bidding window applies to association assessment-lien foreclosures.
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The balcony inspection deadline HOAs keep getting wrong
Two statutes, two deadlines, two cycles — and the January 1, 2026 date belongs to the one that expressly excludes common interest developments.
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Candidate statements mailed with ballots are association media
Arroyo v. Pacific Ridge reverses a recall election judgment: once an association gives one member access to its election mailing, section 5105 requires equal access.
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Community managers owe no duty of care to individual owners
Alarcon v. Avalon Management clears a management company sued by 63 condo owners over an undisclosed structural report and a city vacate order. It is not citable.
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AB 956 would widen HOA ADU protections and allow two detached ADUs
The bill would change Civil Code sections 714.3 and 4751 from lots zoned 'for' to lots zoned 'to allow' single-family use, and raise ministerial approval from one ADU to two.
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AB 739 would make HOA management fee breakdowns inspectable
The bill would require an annual board review of manager fees split into base fees, fee schedule charges and reimbursable expenses, and add the statement to association records.
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AB 2692 lets burned-out LA County HOAs revive terminated CC&Rs
An urgency statute creating a one-county process to reinstate a terminated declaration after the 2025 Palisades and Eaton fires. It repeals itself on January 1, 2028.
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The bill to loosen California's $100 HOA fine cap died in May
AB 2579 would have replaced the blanket cap with an enumerated list and fixed the cure loophole. Its author sent it to the inactive file and never brought it back.
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AB 2439 would fine HOAs $1,000 for repeat collection errors
The bill would require certified mail after two missed payments, five-year payment records, and a civil penalty on a third lien procedure failure in five years.
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AB 2050 would make California HOA reserve funding mandatory
The bill would require associations to fund reserves at a level keeping the balance above zero for 30 years, with a 15 percent floor. It awaits the Governor's signature.
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AB 2035 would cut the CC&R amendment threshold to 37%
A four-condition exception to Civil Code section 4275 would reach senior developments over 6,000 units whose declarations have not been amended in 35 years.
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AB 1903 passed 40-0 and still died
AB 1903 would have let builders obtain a release in exchange for repair work. It expired at the August 31 deadline without an Assembly concurrence vote.
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AB 1892 signed: 14 days to restore utilities, 30-day acclamation notice
Chapter 169 also cuts the election-by-acclamation initial notice from 90 days to 30, compressing annual election calendars for every California association.
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California bill would void HOA rules that block air conditioning
AB 1684 would add Civil Code section 4738, barring associations from restricting code-compliant cooling systems and exposing them to $2,000 penalties. It is on the Governor's desk.
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California HOA fines are capped at $100 — and owners can cure first
AB 130 rewrote Civil Code sections 5850 and 5855 in June 2025: a hard cap, an open-meeting finding for anything above it, no late fees on fines, and a cure right that voids discipline.
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AB 1184, the HOA transparency bill, died without a concurrence vote
Meeting recordings would have become inspectable records and serial email deliberation would have been barred. The bill passed both houses unanimously and expired anyway.
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An Arkansas fair-housing case is testing the defence every HOA relies on
A settlement near Ravenden says it sells memberships in a private association, not real estate, so the Fair Housing Act does not reach it. A federal suit filed in May 2026 disputes that.
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Arkansas sets a high bar for overturning a nonprofit's vote over misleading notice
A May 2026 decision presumes bylaws valid, lets them supplement the articles on membership eligibility, and requires proof that members were actually misled before a vote will be set aside.
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Three Arkansas rulings changed how neighbours fight the development next door
The Supreme Court reclassified conditional-use-permit appeals as quasi-judicial, confirmed that flooding claims against developers belong in circuit court, and let a neighbourhood association litigate as a party.
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Arkansas's only recent attempt to open POA books to state audit died twice without a vote
Two 2025 bills would have defined property owners associations in Arkansas statute and exposed the largest of them to Arkansas Legislative Audit. One was withdrawn in nine days; the other died in committee without a recorded vote.
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Arkansas court reverses HOA's attorney-fee award in carport case
An association that sued only for an injunction cannot collect attorney's fees under Arkansas's general contract fee statute, the Court of Appeals held, wiping out a $9,440 award.
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Two Arkansas districts lost their elected commissioners over a deficient annual report
The Court of Appeals upheld a mayor's replacement of two Horseshoe Bend improvement district boards with appointed administrators, and a new 2025 act adds notice, agenda and public-comment duties.
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Hot Springs Village raised assessments 2.3% without a member vote — and the class action is still open
The largest gated community in the United States set 2026 assessments at $115.79 a month for improved lots under a board-applied CPI escalator, while a putative class action over the Declaration continues.
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The bill set to reshape Arkansas zoning in 2027 exempts HOAs by name
SB456 would strip Arkansas cities of most land-use control, then reserve it: “This subchapter does not impede the ability of a property owner's association” to set its own rules.
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The Eighth Circuit just made owner RICO claims against associations harder to dismiss
A condominium owner's racketeering suit against his association, its manager, its agent and its law firm was revived on the separate accrual rule, in a decision binding on Arkansas federal courts.
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The POA said the pool was fine. The neighbours sued anyway, and won
An Arkansas court ordered part of an in-ground pool removed for breaching a 25-foot setback, holding that a property owners association's blessing does not bind lot owners with their own enforcement rights.
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Twenty years of unenforced covenants did not kill a 1969 Arkansas subdivision's bill of assurance
A bank that got its lot rezoned commercial argued the Goodhaven Subdivision's covenants had been abandoned; the Arkansas Court of Appeals disagreed and affirmed a permanent injunction.
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Arkansas HOA boards are permanently off the hook for federal beneficial-ownership reporting
FinCEN's final rule, effective August 14, 2026, closes three years of on-again, off-again Corporate Transparency Act filing obligations for Arkansas associations and their volunteer directors.
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A jury will decide who controls the Diamondhead POA — while the POA sues the city it became
Two open Garland County cases pit around 22 property owners against a bylaws vote that handed the community's largest landowner board control, and the POA against the city incorporated in 2024.
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Conway homeowners may water one day a week. Their HOA covenants have not changed
Phase 3 curtailment took effect August 19, 2026 and limits lawn watering to a single day, enforceable by fines or loss of service. No Arkansas statute stops an association fining a member for the brown lawn that follows.
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Cherokee Village settlement would cut assessment interest to 3% — and the district survives
A class action over how Arkansas's largest suburban improvement district levied assessments has produced a $470,000 settlement, halved interest for four tax years, and no dissolution.
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Little Rock's flagship POA filed three covenant injunctions in four weeks
Chenal Valley sued three owners in Pulaski County between October and November 2025, and elsewhere in Arkansas owners are suing their own boards — a snapshot of what association litigation actually looks like.
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A lightning strike, $1.1 million, and an Arkansas condo question the courts still have not answered
When one building in a three-building Arkansas horizontal property regime burned and the owners voted not to rebuild, who got the insurance money? The Court of Appeals affirmed without deciding.
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Arkansas licensed property managers this year — and left HOA managers out of it
Act 392 of 2025 created two new property management licences. Neither reaches community-association management, and the Real Estate Commission has no jurisdiction over an Arkansas HOA board.
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Arkansas came one committee short of limiting HOA antenna rules
SB404 cleared the Senate and died in a House committee. Nothing has replaced it, the federal parity bills have stalled, and the FCC rule that does apply stops at the common element.
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Arkansas's Attorney General says a POA could become a water authority. The Village itself could not
Opinion 2025-052 holds that Hot Springs Village has no legal status as an unincorporated community, but its property owners association, being a nonprofit corporation, may qualify under the amended Water Authority Act.
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Arkansas will not issue a POA a new sewage-treatment permit — and 2025 re-enacted the bar
Act 935 of 2025 carried forward the rule that no property owners association may obtain, renew or take transfer of a nonmunicipal sewage-treatment permit, grandfathering only those covered before 2018.
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Arkansas quietly repealed the statute that voided covenants banning disability group homes
Act 850 of 2025 repealed the Location Act, including a section declaring any subdivision covenant that barred a family home for people with developmental disabilities void as against public policy.
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Arkansas's fortified-roof grant program excludes condominiums by statute
Act 427 of 2025 created wind and hail grants for Arkansas homeowners and wrote condominiums, manufactured homes and mobile homes out of the definition of an insurable dwelling.
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Alaska condo and HOA units can now pass by transfer-on-death deed
SB 104 became law without the governor's signature on June 18, 2026, adding common interest community units to Alaska's transfer-on-death statute effective July 1.
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Alabama court voids condo association's judgment and orders $36,584 returned
West Wind Condominium Association collected $36,584.12 from an owner's appeal bond under an amended judgment the trial court had no jurisdiction to enter, and the Court of Civil Appeals has ordered the money back.
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Idaho Supreme Court: a rental ban never attaches without the owner's written consent
North Henry's Lake Homeowners Association v. Norton reads Idaho Code § 55-3211 to exempt the property rather than the objecting owner, leaving a 2016 short-term-rental restriction unenforceable against three successive buyers.
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Idaho Court of Appeals: a 1979 "no commercial enterprises" clause does not bar Airbnb
Delano v. Pike affirms that a Bonner County covenant banning commercial enterprises but permitting "private renting" does not reach platform-based short-term rentals, and awards the owners fees for the oral argument.
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Delaware Chancery reinstates $33,810 in condo fines and narrows who owes fiduciary duties
Vice Chancellor Bonnie W. David held that DUCIOA requires no written fine policy, that the association entity itself owes no fiduciary duty, and that a board cannot vote itself a fee-shifting rule.
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Alaska opens wrap-up insurance to large condo and townhouse projects
SB 132 extended owner- and contractor-controlled insurance programs to multi-owner residential construction of at least 40 units and $20 million, a change aimed squarely at condominium development.
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Idaho HB 963 would have converted HOAs into common-property-only entities — it died in six days
Introduced 27 March 2026 and dead at sine die, the bill paired a full governance rewrite of § 55-3204 with automatic conversion to a "joint ownership association" that could not regulate aesthetics or land use.
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Idaho HB 708 would have dissolved every HOA over ten years old — it died without a hearing
The bill would have added Idaho Code § 55-3204C, dissolving any association ten years old on 1 July 2029 unless a majority of eligible voters voted against it. It never left House Business.
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Delaware just made its manufactured-home rent formula permanent
SB 235 repealed the July 1, 2027 sunset on the CPI-U-based rent-increase calculations at §§ 7052A and 7052B. If any source says Delaware's rent justification rules expire in 2027, that is now wrong.
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Alaska Supreme Court vacates $72,800 HOA fee award over unsegregated billing
In Guditz v. Lakeside North, the court held the association bore the burden of separating fees from the foreclosure case it lost from the countersuit it won — and that attorney affidavits did not carry it.
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Delaware's lot-rent ceiling is 5.678% — and the state got the math wrong in March
A Delaware State Housing Authority CPI-U calculation error, caught by a community owner's attorney, changed the index from 3.315% to 3.330% and forced corrected rent-increase certifications.
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Alaska's condo lender now asks for a reserve study — the state still doesn't
AHFC's revised Common Interest Communities Project Guide adds a reserve-study section and a three-to-five-year update expectation, filling a gap Alaska statute leaves open.
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Delaware now presumes an ATV on your community's private roads is unauthorized
HB 471, effective July 23, 2026, flips the burden on off-highway vehicles on shared private roadways — with $100 and $1,000 penalties, impoundment, and an express carve-out for golf carts.
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Anchorage now allows short-term rentals in every residential zone — covenants are untouched
AO 2025-115(S-2) legalized short-term rentals citywide and requires registration, but the ordinance never mentions covenants or associations — leaving the private restriction exactly where it was.
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Idaho's 2026 ADU act left a fee-shifting statute pointing at a deleted definition
Section 55-618 still voids covenants against an "internal accessory dwelling unit, as defined in section 55-3212" — but Chapter 265 removed that definition from § 55-3212 on 1 July 2026.
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Idaho SB 1277 would have gone much further on ADUs — it died without a hearing
Two ADUs on larger lots, counties and utility districts covered, a private right of action against non-compliant jurisdictions, and covenants void rather than merely unenforceable. It never left committee.
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Idaho HB 647 would have voided manufactured-home covenants — the siting half passed without it
The bill's proposed Idaho Code § 55-619 would have made such covenants void as against public policy with fee-shifting attached. It died in House Business while HB 800 carried the zoning provisions to enactment.
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Delaware's post-Surfside condo bill died six days after it was filed
SB 352 would have mandated façade and structural inspections, 30-year reserve projections, and given the DOJ power to enforce DUCIOA. It was introduced June 24, 2026 and never got a committee report.
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Alaska bill giving mobile home residents first crack at buying their park died without a hearing
HB 230 would have required 90 days' notice before a park sale, given residents a matching-offer right, and capped lot rent increases at 5% a year. It never received a single hearing.
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Idaho HB 800 opens single-family zones to manufactured homes — but not HOA covenants
Chapter 171 rewrote the siting rules in Idaho Code § 67-6509A effective 1 July 2026, and left in place the sentence providing that the section does not abrogate a recorded restrictive covenant.
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Idaho HB 583 strips city short-term-rental permits — and leaves HOA covenants untouched
Chapter 22 rewrote Idaho Code § 67-6539 effective 1 July 2026, barring any local licence, fee, permit or registration for a short-term rental while saying nothing at all about private covenants.
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A $300,000 price tag killed Delaware's HOA ombudsperson expansion
HB 469 would have put a Deputy Common Interest Community Ombudsperson in each county and created a dedicated fund. Filed 20 days before adjournment with a $292,617 recurring cost, it was never put on a committee agenda.
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Alaska's 34th Legislature passed no HOA governance bill at all
Across 1,209 bill versions in the 2025-2026 session, nothing was introduced on association records, elections, fines, reserves, lien priority or foreclosure. Two enacted bills reached associations sideways.
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Idaho cities over 10,000 must permit an ADU per lot by 1 February 2027
The zoning half of Chapter 265 adds Idaho Code § 67-6541, capping what a city may require on parking, fees, size, owner occupancy and height — and the figures in the enacted text are not the ones widely reported.
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Idaho SB 1354 bars HOAs from enforcing ADU bans without the owner's written consent
Chapter 265 rewrote Idaho Code § 55-3212 effective 1 July 2026, replacing a narrow internal-unit rule with a consent model covering every accessory dwelling unit — and reaching enforcement, not just amendment.
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Delaware's General Assembly ended two years without touching DUCIOA
The Delaware Code's own history notes confirm it: no 85 Del. Laws citation appears anywhere in the common interest ownership act, the Unit Property Act, or the ombudsperson statute.
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Alaska human rights agency accuses condo association over a blind owner's safety railing
A formal Accusation alleges an Anchorage-area association refused to install a railing, then threatened daily fines and foreclosure when the owner installed one in the wrong colour. The allegations are unproven.
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A year on, Idaho's declarant-turnover law still reaches only HOAs formed after July 2025
Idaho Code §§ 55-3204A and 55-3204B set 75% and 95% turnover triggers, a 50% proxy cap and a same-household board bar — and open with an applicability sentence that excludes every association formed before 1 July 2025.
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Delaware's ADU bill would have voided HOA covenants — and sat on the Ready List for 14 months
SB 87 would have made any covenant created after June 30, 2027 that prohibits an accessory dwelling unit void and unenforceable. It cleared committee 5-0 in May 2025 and was never called for a floor vote.
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Anchorage's missing-middle overlay would reach corridors where covenants already govern
AO 2026-85 is an opt-in Title 21 overlay allowing duplexes through townhomes along transit corridors. Like the city's short-term rental ordinance, its text never mentions covenants.
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Delaware's disparate-impact housing bill died after a 1-favorable, 2-unfavorable committee report
HB 451 would have made a housing practice with a discriminatory effect unlawful without proof of intent, and said expressly that it reaches occupancy standards. It passed the House 26-12 and never got a Senate vote.
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Juneau's land use rewrite made detached ADUs easier — and said nothing about covenants
Ordinance 2025-15am added accessory dwelling unit standards exempt from underlying-zone density, with a 1,000 square foot cap and a five-foot rear setback.
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Passed the Delaware House 39-0, then sat in a Senate committee for 14 months and died
HB 39 would have made manufactured home community owners responsible for standing water, utilities to the home, and tree limbs and roots in common areas. It cleared the House unanimously in April 2025 and was never heard again.
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A Delaware bill written to help HOAs stop speeding on subdivision streets never got a vote
SB 167's synopsis said plainly it was intended to assist homeowners associations with speeding on subdivision streets. It cleared committee in June 2025 and was never called.
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Delaware's housing law removed the hearing where HOAs used to object
SB 23 replaced public hearings for by-right development with meetings taking written comment only. Sussex County then canceled subdivision hearings and paused up to 25 applications pending legal review.
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Lewes may let residents park RVs on their own lots after a disaster. Their covenants say no
A pre-disaster recovery ordinance going to Lewes council in late October 2026 would permit temporary structures and RVs as interim housing — and a project lead has acknowledged the HOA problem out loud.
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Delaware clarified who can revive a void HOA charter
HB 353 amended 8 Del. C. § 312(j) so that members entitled to vote for dissolution can act to revive a nonstock corporation — effective August 1, 2026, and directly relevant to Delaware's defunct associations.
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Delaware lawyers can now clear a paid-off HOA lien without the association's help
SB 316 extended the attorney-satisfaction procedure at 25 Del. C. § 2120 to homeowner association and condominium liens, judgments and UCC filings — effective June 24, 2026.
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Rehoboth Beach just put 25 buildings on an inspection clock
Commissioners voted unanimously on June 8, 2026 to require structural inspections every 10 years and façade inspections every 5 on buildings four stories or 50 feet and over 30 years old — at owners' expense.
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Delaware certified 56 lot-rent increases in one month and heard one arbitration all year
DEMHRA's board minutes record the first new rent arbitration in three years, alongside certification volumes of 24, 56 and 43 in single months — and one case remanded by the Supreme Court.
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Delaware court: an owner portal satisfies the records-inspection duty, and volunteer directors are immune
Four rules of general application came out of a dispute at an unsafe LeParc building — including that an association's legal-fee charges must be traced to actual authority and actual cause.
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A Delaware HOA ran for 20 years under developer control while legally void
The Greens at Wyoming reached 99% conveyance with a single director and no franchise-tax filing since 2015. Chancery has now let the homeowner's case proceed against the late developer's estate.
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Delaware Supreme Court backs a commercial-vehicle covenant and wipes out the HOA's fines
Vincent Overlook won on the meaning of “commercial vehicle” and recovered nothing: the court imposed no fines, shifted no fees, and ordered accrued fines and legal charges struck from the association's books.
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Delaware panel: a no-leasing covenant binds the owner, not the tenants
A three-judge JP Court panel held an HOA may step into an owner's shoes as landlord — but cannot evict occupants on the strength of the anti-leasing covenant alone.
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Delaware HOA wins its common area back and forfeits its fees on a missing certification
Owners who used association open space for years lost their adverse-possession counterclaim — and the association lost its fee recovery because it never filed the Rule 174(c)(2) certification that 10 Del. C. § 348 requires.
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Twelve days from mailing: how a Delaware manufactured-home lease ends
A three-judge Justice of the Peace panel applied 25 Del. C. § 7016(b)(2) to an unapproved sublet in Rehoboth Beach — notice October 24, no cure, repeat violation, possession granted.
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Delaware shields covenant-enforcement lawsuits from Fair Housing Act liability
In the first Delaware case applying Noerr-Pennington to a civil rights statute, the Superior Court held that suing to enforce a deed restriction cannot itself violate the Delaware Fair Housing Act.
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Delaware Supreme Court: only direct costs justify an above-inflation lot rent increase
A manufactured home community sought a return on investment, depreciation and its income taxes on top of a $219,752 boardwalk. The court held § 7052(d) permits none of it.
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Sussex County may count stormwater ponds as open space — and HOAs maintain the ponds
A pending amendment to Chapters 99 and 115 would tighten the open-space definition while letting naturally designed retention ponds qualify. Its last recorded action was May 19, 2026, and it awaits a vote.
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A Sussex condo board sued an owner for asking the county for flood money
Mallard Lakes went to the Court of Chancery seeking an injunction barring a unit owner from requesting government support for flood repairs. She sold her unit; the case settled confidentially with no ruling.
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Delaware pays $12,000 to move a displaced manufactured home — its own website says $9,500
Board minutes show relocation benefits approved at $12,000 and a working group convened on raising the cap, while the Authority's published policy page has not been updated since 2020.
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Delaware is cataloguing 98 manufactured-home communities' septic systems
DNREC began field assessments in March 2026 of on-site wastewater systems in Delaware manufactured home communities — many predating the agency's records and outside any inspection program.
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Sussex County adopted new sediment and stormwater rules — after a six-month delay
Ordinance 4044 passed on March 3, 2026 with 16 amendments, increased buffers in critical development areas, and authority to cut the maximum land disturbance below the state's 20-acre limit.
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Two boards claimed to run a Delaware HOA. Chancery picked one and sent the rest elsewhere
After a member-run “special election” purported to remove the sitting board, the Court of Chancery denied a restraining order, entered a status quo order restoring the incumbents, and routed the validity question to a separate § 225 action.
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Delaware: a manufactured-home resident who is not the owner or leaseholder has no standing
Chancery dismissed retaliation and arbitrary-enforcement claims under Chapter 70 because the plaintiff held neither title to the home nor the lot lease — and confirmed the Landlord-Tenant Code displaces common-law quiet enjoyment.
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Delaware's fire code redefined “condominium” — and says the HOA owns the structure
Effective January 1, 2026, the State Fire Prevention Commission replaced its definition with one stating a condominium is a form of ownership, not an occupancy — and advanced the manufactured-housing NFPA standards.
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Delaware's manufactured-home relocation fund now collects nothing from its own assessment
From January 1, 2026 the entire $1.50 monthly per-lot assessment goes to the legal-aid Attorney Fund and the landlord portion is credited to zero — in the same year the trust fund's cap became discretionary.
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What Delaware HOA owners actually complain about, from the state's own file
The Common Interest Community Ombudsperson's 2024 report logs 84 formal complaints, 456 research inquiries and 26,775 emails — and names records refusal as the top category, again.
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Delaware cannot find its own HOAs, because the filings are scanned images
The state estimates more than 3,000 common interest communities and cannot identify them among 1.5 million corporate filings — because franchise-tax reports are stored as unsearchable image files.
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Delaware court flags two unanswered questions in the condominium resale-disclosure statute
A buyer billed $160 a month for a special assessment she says she never knew about got her judgment reversed — and the Superior Court called the reach of 25 Del. C. § 2237 a matter of first impression.
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Delaware Supreme Court: an outside group's liability waiver does not shield the association
A recreational association that let a charity event use its parking lot was held to be the organizer's agent and dismissed. The Supreme Court reversed — agency is a question of fact, and a license is not agency.
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Delaware: HOA governance disputes belong in Chancery, and nowhere else
A Sussex condominium owner's claims about assessments, meetings, elections and late fees were dismissed for want of jurisdiction — the Court of Common Pleas cannot hear equitable claims.
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Delaware: a non-waiver clause means an HOA must have “totally abandoned” enforcement to lose it
Owners who pointed to other violations in their community to defeat a four-foot fence restriction learned how high the bar is where the declaration says non-enforcement waives nothing.
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Sussex County files more than half of Delaware's manufactured-housing complaints
The Manufactured Housing Ombudsperson's latest report logs 50 complaints — 27 from Sussex — zero requests for formal mediation all year, and lot-boundary disputes the office says the law does not resolve.
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Delaware's manufactured-home legal aid fund spent more than it took in
The fund closed the year at $56,447.95 after spending $99,984.45 — while its contractor worked 211 cases, including a tenant offered dismissal of an eviction in exchange for a 72% rent increase.
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Delaware's September 2025 manufactured-housing package, one year on
Four bills signed the same day rewrote lot-lease transfers, made a pattern of violations consumer fraud, gave the Attorney General receivership power, and removed the relocation trust fund's statutory cap.
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Delaware quietly stripped HOAs of their status as crime victims
11 Del. C. § 9419, which gave qualifying neighborhood and homeowners associations rights under the Victims' Bill of Rights since 1995, was repealed effective August 20, 2025.
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New Castle County's condo inspection deadline passed a year ago
Ordinance 23-094 required initial structural and façade inspection results at the Department of Land Use by July 31, 2025. The county page states no penalties, and no compliance figures have been published.
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Delaware added a protected class — and a clause that adds future ones automatically
Military status became protected under the Delaware Fair Housing Act in July 2025. A month later, a catch-all was inserted into the landlord-tenant and manufactured-housing provisions that imports future additions without further amendment.
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Delaware association keeps boat ramps its own deeds failed to convey
A 1985 settlement vested Swann Keys' common areas in the association, but the title documents omitted two boat ramps sitting on neighboring lots. Chancery quieted title by adverse possession; the Supreme Court affirmed.
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A Delaware subcommittee proposed excluding new manufactured-home buyers from rent protections
A February 2025 draft report recommended grandfathering current homeowners and providing that new buyers “would not be subject to” rent control or rental assistance. No bill followed, and the legislature went the other way.
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