Latest Legal Updates
Latest Legal Updates
HOA and condominium association legislation, court rulings and regulatory changes across every state, the District of Columbia and federal law — newest first.
Showing 385–408 of 1,989 updates
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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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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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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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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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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North Dakota's answer to “you let my neighbour do it” is now Carpenter v. Southbay
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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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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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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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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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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Nevada condo terminations now need 80 percent of the votes a developer does not hold
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.
Read the full updateQuieting 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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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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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.
Read the full updateNew 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.
Read the full updateNew 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.
Read the full updateNew 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.
Read the full updateA 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.
Read the full updateYour board can now appeal a building order in five business 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.
Read the full updateThe quick condominium loan review North Dakota lenders used is gone
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.
Read the full updateOklahoma 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.
Read the full updateMontana broadened who can sue to enforce a covenant
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.
Read the full updateAlbuquerque 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.
Read the full updateRhode 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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