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 1,945–1,968 of 1,989 updates
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.
Read the full update
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.
Read the full updateDelaware'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.
Read the full update
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.
Read the full updateDelaware'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.
Read the full updateJuneau'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.
Read the full updatePassed 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.
Read the full updateA 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.
Read the full updateDelaware'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.
Read the full updateLewes 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.
Read the full updateDelaware 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.
Read the full updateDelaware 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.
Read the full updateRehoboth 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.
Read the full updateDelaware 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.
Read the full updateDelaware 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.
Read the full updateA 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.
Read the full updateDelaware 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.
Read the full updateDelaware 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.
Read the full updateDelaware 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.
Read the full updateTwelve 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.
Read the full updateDelaware 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.
Read the full updateDelaware 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.
Read the full updateSussex 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.
Read the full updateA 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.
Read the full update