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2009
2008
2007
2006
2005

2009


 CAI Expresses Continued Concern on FHA Rules (12/2009)
On November 6, the Federal Housing Administration issued revised guidelines outlining requirements for condominium associations to qualify for FHA mortgage insurance. With mortgage underwriting giants Fannie Mae and Freddie Mac still struggling in receivership, FHA mortgage insurance is playing an increasingly important role in providing financing options to condominium buyers. Because of this increasingly important role, CAI has been actively engaged with the FHA in response to their evolving guidelines for condominiums to ensure that the final requirements are realistic, achievable and are informed by real-world association experience. Read more ... 

 FHA Condominium Guidelines - FAQ  For Associations (11/2009)
The FHA has released its latest regulations dealing with FHA insured condominium mortgages. Although these regulations deal primarily with requirements FHA is seeking from lenders, they do affect your association. CAI has prepared this FAQ to help you understand what it means for your condominium association. Read more ... 

 FHA Issues Revised Guidance in Condo Loan Approvals (11/2009)
On Friday, November 6, 2009, the Federal Housing Administration (FHA) issued two documents related to FHA mortgage insurance requirements for condominium associations.  These two documents: HUD Mortgagee Letter 2009-46A and Mortgagee Letter 2009-46B provide an overview of the FHA-proposed transitional criteria and successor criteria for condominium association requirements for FHA mortgage insurance.

These letters replace earlier proposals issued by FHA that triggered a strong response from affected industries.  CAI provided FHA with its feedback on the earlier drafts of the criteria.  The new transitional criteria and the successor criteria found in these documents demonstrate a positive movement by FHA in areas in which CAI provided comments, but will continue to pose a challenge for condominium associations. Read more ...

 White House Extends and Expands Home Buyer Credit (11/2009)
President Obama has signed legislation that will both extend and expand the home buyer credit through April 30, 2010.  As before, first time home buyers will be entitled to an $8,000 tax credit provided they enter a sales contract by the deadline and finish closing proceedings no later then June 30, 2010.  Also, a smaller credit worth $6,500 is now available to families that have lived in their current home for a minimum of five years and wish to upgrade to a larger property.  The law further extends a similar tax benefit to military personnel until May 2011.  Additionally, financial eligibility restrictions have also been relaxed, raising the ceiling to qualify for the full credit to $125,000 for individual buyers and $225,000 for married couples. Read more …


 FTC Delays Red Flag Rules (11/2009)
The FTC has announced a delay in implementing new regulations, which would require organizations to implement, so called “Red-Flag” rules. The new regulations will be implemented on June 1, 2010. CAI will continue to monitor and communicate our concerns to the FTC on this issue.

Under the initial proposal, a covered organization to put in place procedures for addressing any ‘red flags’ related to a consumer account when there are indications that the security of a consumer’s identity has been compromised. This document analyzes the pending proposal. Read more ...  
 

 FHA Delays New Condominium Requirements (10/09)
The FHA has announced that it will again delay the implementation of the
new regulations governing condominium mortgage insurance until December 7th, 2009. The new regulations were initially proposed in June and would change the approval process and the criteria used to determine if a mortgage for a unit in a condominium association qualifies for FHA mortgage insurance. Read more …  

 Senate Introduces Climate Change Legislation: Solar Mandate Not Included  (10/09)
The introduction of SB 1733, the Clean Energy, Jobs, and American Power Act, marks the continuation of the Congressional debate on global climate change legislation.  This Senate legislation excludes provisions preempting homeowner association covenants and rules governing solar panels.

 North Carolina Key Law Changes  (10/09)
Effective October 1, 2009, townhome communities, planned unit developments and condominiums in North Carolina will be subject to several statutory changes in both the Planned Community Act and the Condominium Act.  These changes in the law will require some additional procedures on the part of the HOA and on the attorney for the collection of delinquent assessments.  Additionally, there are enacted legislative changes affecting the use of solar collector devices in subdivisions or condos created after December 1, 2009.

 FHA Condo Insurance Regs Delayed --- But Still Flawed  (9/09)
The Federal Housing Administration (FHA) still plans to implement new regulations changing the approval process for a condominium to be eligible for FHA mortgage insurance. Originally scheduled to be implemented on October 1, the new regulations are now slated to take effect November 2, 2009.  

 

As proposed, the spot approval process would be replaced by a comprehensive approval process that expires every two years.  CAI believes the new regulations would be a serious burden for condominium associations, and lead to market confusion that could hinder the housing and economic recovery.  CAI has formed a working group of industry experts to identify specific areas of the regulations that need to be changed, and to prepare a policy position and supporting data to advocate the changes that are needed to make these regulations an effective tool for the housing market.  Read more ...     


 Illinois Manager Licensing Law FAQ Sheet  (9/09)
The Illinois Community Association Manager Licensing Act passed by the Illinois Legislature August 2009 requires community association managers to obtain a professional license to work in the state. A brief FAQ sheet about this new law has been developed to help members better understand key provisions.

 Illinois Licensing Law Is Signed   (8/09)
After years of discussions, coalition building, and drafting language, the Illinois Community Association Manager Act, SB 1579, became law on August 25, 2009.  The Illinois Legislative Action Committee, with support from CAI and NBC-CAM, led the initiative to establish important consumer protections, set professional standards for managers, and distinguish the unique role managers play in community associations.

 Kentucky Exemption Excludes Association Managers from Real Estate Commission's Jurisdiction  (8/09) 
This member-promoted exemption language, the result of industry’s multiple discussions and negotiations with state’s Association of Realtors and the Real Estate Commission, paves the way for the (new) Kentucky Chapter to expand the professionalism of the community association management industry throughout the state.

2010 State Legislative Sessions Calendar   (8/09)
While it seems to many that their state just completed governor’s actions on 2009 legislation, state legislatures have already released 2010 session dates.  Click on Calendar for a listing.

 Indiana Passes New HOA Statutory Provisions and Lien Statute Modifications  (7/09) 
HB 1071, effective July 1, 2009, has created new statutory provisions for homeowner associations.  Until the adoption of this statute, there was little statutory guidance for a community association in Indiana unless it was a horizontal property regime (a true condominium).  Additionally, a second part of this new law makes changes to an existing Indiana HOA lien statute, resulting in substantial changes.

 Georgia Session End Overview  (7/09)
Georgia Passes Foreclosure Deed Reporting & a Developer Expense Report Requirement

 Draft Regulations for Manager Licensing in Virginia Have Been Issued  (7/09)
In 2008, Virginia implemented a statutory based manager certification, management company licensing program.  As part of that program, the Common Interest Community Board (CICB) was charged with drafting regulations to clarify and assist with implementation of the new law.  On June 22, 2009 the CICB published proposed regulations to provide additional clarification to the state’s licensure requirements.  Once finalized, these regulations will become part of the permanent regulatory requirements governing licensing, replacing the initial set of emergency regulations.  CAI, on behalf of its members, will submit comments on these regulations.  Interested members are encouraged to review the proposed regulations and to submit any comments to CAI.

 Pennsylvania Resolution to Count the Number of Associations in the State  (7/09)
In what may be one of the first of its kind, a Pennsylvania resolution has just been approved that would establish a state government funded study counting how many private communities there are in the state and in each municipality.  Also under study will be how much these communities pay in taxes, and the age of the privately owned infrastructure in the private communities.

Climate Bill to Override Association Covenants (7/09)
Last week the House of Representatives passed ground-breaking and controversial legislation designed to change America’s energy use and to curb the emission of carbon dioxide and other greenhouse gases. 
Members read more ...

 Vermont Clothesline Legislation -  Behind the Scenes  (6/09)
Clotheslines are now “renewable energy devices” under Vermont’s new “Right to Dry” law.  Get a behind the clothesline peek at how this legislation developed and passed. Members read more ...

 Maine Priority Lien and Solar Bills  (6/09)   
In its first year as a LAC, the Maine Legislative Action Committee became involved in two significant pieces of legislation:  priority lien and solar rights bills.

CAI Engages Congress on Key Issues
One effect of the current economic crisis is that we find ourselves facing a set of once in a lifetime challenges and opportunities as the federal government works to address the many imbalances in the economy. The housing crisis has resulted in a re-examination of how the federal government regulates the mortgage markets while the economic slump spurred a historic $700 billion stimulus package of spending and tax cuts. As the year progresses, both health care and the environment will take center stage as sweeping reform proposals are considered.

As each of these issues could have a profound effect on homeowners, management companies and our business partners, CAI is working to ensure that Congress is provided with input on how their actions will affect the 1 in 5 Americans living in community associations.  Some of the issues we are following include: Federal Issues (6/09)

 May 2009 Telecommunications Report  (6/09)
See, especially, the May 25, 2009 court released opinion affirming the FCC’s October 2007 order, which banned cable operators from entering into agreements with CAI communities and real estate developments that grant the cable operator the exclusive right to provide video services on the property.  Members read more ...

 Nevada End-of-Session Recap  (6/09)
Nevada’s busy session ends, and a number of industry-impacting bills pass.  Included in this listing:  a super priority lien bill (AB 204) that is effective October 1, 2009.

 Washington CA Law Day Review  (6/09) 
Washington State’s first annual CA Law Day (June 6, 2009) exceeded expectations with 225 attendees.  The day-long event featured an array of industry legal experts offering nine different seminars on a range of topics, and included remarks by Andrew Fortin, Esq., CAI’s National VP of Government and Public Affairs. (See, also, Washington LAC and Chapter Team Up 2/09 below.)

 Texas End-of-Session Update  (6/09)  
The Texas 81st Legislative Session wrapped up on June 1, 2009. In the last week of the session, many bills died due to their failure to meet various House and Senate deadlines. CAI was incredibly involved in this session’s legislative process … and ended up with the best work product at the end of the Legislative Session.  For a “scorecard” on industry-related bills, and a THANK YOU to all who participated, please see this overview.

  Illinois Manager Licensing Law Likely This Year  (6/09)
The hard work and efforts of the Illinois Legislative Action Committee paid off last week when both chambers of the Illinois Legislature passed the (Illinois) Community Association Manager Act in a final vote May 30, 2009.  Next step:  the Governor's consideration.

 Vermont Clothesline Law  (6/09)
Vermont House Bill 446, relating to renewable energy and energy efficiency, became law on May 27, 2009 without Governor Jim Douglas’s signature.  This new energy law includes clotheslines under “renewable energy devices.”

 Maryland Insurance Legislation  (5/09) 
The Maryland General Assembly has acted to overturn the Anderson v Gables on Tuckerman case, 404 Md. 560, 948 A.2d 11 (2008), with the passage of HB 287.

 April 2009 Telecommunications Report  (5/09)
See, especially, the overview of  how the change in Administration will result in significant changes in the FCC membership.  Members read more ...  

 Fair Housing - Pets Court Decision  (5/09)
A court rules in favor of an association after a Board requests more information regarding the need for a service animal.

 Mortgage Modification Legislation Dies in Senate  (5/09)
The Senate voted 45 to 51 on April 30, 2009 to reject a proposal to allow homeowners to petition a bankruptcy court to rewrite their mortgage obligations. 

 March 2009 Telecommunications Report (4/09)
See, especially, the section on "How Might a New Commission Act on Matters of Interest to CAI?"   
Members read more. ..  

 Construction Defects and Voting Requirements Case  (4/09)
Construction defect case ruling in favor of an HOA

 Mortgage Cram Down Update (3/09)
H.R. 1106 passes the House of Representatives, and its companion legislation (S 61) awaits Senate consideration.  What are the key industry concerns with this legislation?

 February 2009 Telecommunications Report  (3/09)
Members read more...

Washington LAC and Chapter Team Up (2/09)
CAI’s Washington State Legislative Action Committee and Washington State Chapter have teamed up to host a Washington State Law Day and Mini Trade Show.
read more...

 First Look at the Federal Stimulus Bill (2/09)
In just a few short weeks in session, the new Congress has moved quickly to pass an unprecedented economic stimulus plan designed to help shore up the sagging economy. Known as the American Economic Recovery and Reinvestment Act, the 1,200+ page bill provides for more than $787 billion on a variety of tax cuts and spending programs as the country faces the toughest recession since the Great Depression.  Both the size and the scope of the legislation are stunning, and there will be more information rolling out on provisions in the bill beneficial to CAI members in the weeks and months ahead.


 New ADA Amendments (2/09)
On January 1, 2009, the ADA Amendments Act of 2008 became effective, significantly expanding the scope of the previous law.

 Clarification of Fannie Mae Delinquency Criteria (2/09)
On December 16, 2008, Fannie Mae announced new underwriting guidelines for mortgages in new condominium developments. Although the announcement was targeted at the lenders who work with Fannie Mae, the memorandum has been cause for concern throughout the condominium community, specifically over a provision related to delinquent member assessments. Because of the concern this provision has raised, CAI has reached out to Fannie Mae for clarification of the intent and application of this requirement.

 December/January 2009 Telecommunications Update (2/09)

Members read more ...

 2009-Digital Switch Deadline Delayed  (2/09)
The February 17th switch from analog broadcasting to digital is delayed by Congressional action.

 Nevada Members/LAC Secure Critical Victory  (02/09)
Thanks to the hard work of Nevada CAI members and the volunteers of CAI’s Nevada Legislative Action Committee (NV-LAC), the Nevada Legislature has sustained the Governor’s veto of Assembly Bill 396 (AB 396). The vote was one of the first actions of the new legislature as it opened its 2009 session. This victory means that - for now - associations in Nevada can continue to enforce traffic laws within their community, make independent editorial decisions in newsletters, better maintain common elements and adequately assess members for reserve funding. 


2008

 November Telecommunications Update  (12/08)
Members read more...

 Pre-Judgment Interest Calculation (12/08)
At what point in time should the calculation of pre-judgment interest commence in a construction defect action? The Colorado Supreme Court rules.

VA Licensing Application Available (11/08)
Virginia's Common Interest Community Board (CICB) has released the application for provisional licenses for common-interest community management firms operating in the state. Firms falling under Virginia's manager licensing law must complete and return the now available
CIC Manager Provisional Application to the CICB no later than December 31, 2008. CAI's guidance and resources, including a Virginia Manager Licensing FAQ, are posted.

Maine LAC Becomes CAI's 30th
On November 17, 2008, CAI's Board of Trustees approved the New England Chapter's application to form a legislative action committee (LAC), making the Maine LAC CAI's 30th. The founding LAC members are: attorneys Joseph Carleton and Lawrence Clough; and managers Paul Garrett, Robert Keegan and Debra Nugent. The Maine LAC will represent members in the public policy arena, and work on state legislative and regulatory activities important to the creation and operation of community associations. For more information, contact Chapter Executive Director Claudette Carini (
ccarini@caine.org).

 A First-Hand Peek Behind HAM Radio That Could Spur Future Dialogue (11/08)

 October Telecommunications Update (11/08)
Members read more...

 CAI Files Amicus Brief on Behalf of Homeowner in $550,000 Judgment (10/08)
CAI filed an amicus curiae brief September 30, 2008, in support of a Colorado condominium owner who won a lawsuit against his association over a long-standing water-intrusion issue. The District Court ruled that the association should pay $550,000 in attorney fees and related costs after what the trial judge called the association's "stubborn refusal" to address the problem. The association filed close to 30 motions, the case lasted seven years AND, according to court records, the original repair would have cost the association about $5,000-$545,000 less than the ultimate judgment against the association.

 September Telecommunications Update (10/08)
Members read more...

 California Legislative Victories Reflect Industry's Involvement (10/08)
Three steps forward in legislation that saw the Governor's review in late September 2008.

 August Telecommunications Update (9/08)
Includes: Information about a summary of the argument in response to the FCC's brief in support of its ban on exclusive video contracts and a section detailing ex parte communications with the FCC on the issue of bulk service agreements.
Members read more...

 New Jersey Legislation Concerning Sales in Age-Restricted Communities (9/08)
This new law requires certification by a purchaser or grantee that federal law will not be violated by a sale in an age-restricted community.

 Protecting Fannie and Freddie (9/08)
FHFA establishes a single regulator for GSEs and the Federal Home Loan Banks.

 Virginia Common Interest Community Board Appointed; First Meeting Scheduled (8/08)
Virginia's Common Interest Community Board appointees have been named, and the Board's first meeting is scheduled for September 4, 2008.

 July Telecommunications Update (8/08)
Includes: Information about numerous ex parte communications with the FCC regarding activities in the exclusive contracts docket; the FCC brief on the ban about exclusive video contracts; and an update on the New York legislation regarding mandatory access in favor of telephone service providers. Additionally, briefs have been filed in the National Cable & Telecommunications Association appeal regarding inside wiring, and the Court has docketed the case as No. 07-1356.
Members read more...

 Rhode Island Superlien Legislation Now Law—Effective July 2008 (7/08)
This legislation took a different route, becoming law, than the recent Pennsylvania super lien bill.

 Pennsylvania "Super-Priority" Lien Law Signed (7/08)
Pennsylvania legislation, effective July 2008, amends the state's Uniform Condominium Act by affirming condominium associations' statutory entitlement to the "super-priority" lien... 

 June Telecommunications Update (7/08)
Includes: Information about numerous ex parte communications with the FCC regarding rulemaking on private cable operators, exclusive marketing and bulk sales; intel on the June 13, 2008, Verizon filed petition for reconsideration asking the FCC to clarify its order banning exclusive agreements for voice service in residential properties; and state information about the newest state franchising laws and telco mandatory access.
Members read more...

 Changes to Virginia's Resale Disclosure Packets Requirements (7/08)
Effective this month, there are new requirements in Virginia regarding resale certificates and association disclosure packets. 

 Virginia Releases Compliance Information for the State's New Licensing Law (6/08)

 Re-Write of California's Common Interest Development Laws Dropped (6/08)
California will not see a re-write of the Davis Stirling Act, despite legislative and regulatory discussions (California Law Revision Commission). But look for legislation to be introduced in the 2009 legislative session. 

 May Telecommunications Update (6/08)
Includes: The multiple FCC ex parte meetings held on the bulk contracts and exclusive marketing arrangements issue, and Tennessee becoming the newest state franchise law state.
Members read more...

 Landmark Indiana Decision on Rental Restriction (5/08)
In a case about covenants and rentals, this state Supreme Court ruling may be of special interest for those associations that may have rental restrictions of some sort.

 Virginia Manager Licensing Bill Signed—Effective July 1, 2008 (5/08)

 New Georgia Laws (5/08)
Includes one law (effective July 1, 2008) that addresses what an association's obligation is regarding insurance coverage. 

 April Telecommunications Update (5/08)
Includes: Information about the FCC releasing two new petitions seeking the FCC's preemption of homeowner association rules that banned or limited the placement of antennas; and New York City and Verizon reach accord on franchise terms.
Members read more...

 Reserves & Disclosures Legislation Signed (4/08)
A new Washington state condominium association reserve studies and mandatory disclosures law is effective June 2008. 

 New Jersey Towing Law Effective 10/08 (4/08)
The Predatory Towing Prevention Act contains a section that applies to community associations and other property owners.

 Maryland Court Decision Will Impact Condominiums & Their Insurance Coverage (4/08)
In a decision that could have far-reaching repercussions for Maryland condominiums and their insurance coverage, this Court of Appeals holding will become effective after the Court issues its mandate (expected sometime after May 15, 2008).
Members read more...

 Feds Wade into Pool Safety (4/08)
Congress passed the "Virginia Graeme Baker Pool and Spa Safety Act" as part of a larger energy bill late last year. Virginia Baker, granddaughter of former Secretary of State James Baker, died when she was trapped by the suction of the pool drain at a neighbor's pool party. Virginia was one of more than 750 children who died in pool related drownings in 2002. 

 California Court Rules on Associations' Ability to Amend Governing Docs (4/08)
This case upheld an association's voting procedures and its method of obtaining consent of the holders of mortgages. 

 March Telecommunications Update (4/08)
Includes: Ban extended against common carriers entering into exclusive agreements with residential MDUs for voice services; FCC issues a Report and Order that expands the current ban on common carriers entering into exclusive agreements with the owners of office buildings to residential MDU settings.
Members read more...

 Virginia Manager Licensing Bill Passes Both Chambers (3/08)
When signed into law, this legislation would require that any person or entity engaged in management services in Virginia acquire a license, and any employees of management companies obtain a certification. 

 February Telecommunications Update (3/08)
Includes: Comments in response to the further notice of proposed rulemaking regarding order banning enforcement of exclusive access provisions; Court denies request to stay FCC order on enforcement of "exclusivity clauses."
Members read more...

 Reasonable Access Q&A Released (3/08)
Reasonable Modifications Under The Fair Housing Act, a recently released HUD/DOJ joint statement, offers technical assistance regarding the rights and obligations of persons with disabilities and housing providers relating to reasonable modifications. 

 Judgment Rendered in Maryland Resale Disclosure Statement Case (3/08)
A trial court has ruled about potential repairs and future assessments in a case that involved the state's Consumer Protection Act.
Members read more...

 California 2008 Education Bill Introduced (3/08)
In what may seem like legislative déjà vu, a California Assembly bill, providing basic education for volunteer Boards of Directors, was introduced in late February. 

 Uniform Common Interest Ownership Act Discussed (2/08)
The National Conference of Commissioners on Uniform State Laws meets to consider two important drafts.
Members read more...

 January Telecommunications Update (2/08)
Includes: Exclusive access to premises order; CAI's key points regarding further notice of proposed rulemaking on marketing agreements & bulk contracts; Dish Network calls for the FCC to expand OTARD rules.
Members read more...

 December Telecommunications Update (2/08)
Includes: Exclusive access to premises agreements; FCC refreshes competitive networks docket; Wisconsin adopts state franchise scheme for cable franchising.
Members read more...

FCC Order Delayed! New Regulations for Communities Pending (2/08)
The Federal Communications Commission proposal to ban enforcement of exclusive contracts has been delayed by a pending legal challenge. While that issue is sorted out, the FCC continues to issue proposals to expand its authority in ways that will directly affect community associations. CAI continues to submit comments to the FCC on their efforts.

 Florida Committee Holds Public Hearings on Governance Issues (2/08)
Florida's House Speaker has organized a Select Committee that, among other things, will hold public hearings on condominium and homeowners association governance issues. Meetings are being conducted across the state now. Information about the Committee's mission and meeting specifics are included here.

 Colorado's New Foreclosure Law Took Full Effect 1/1/08 (1/08)
Associations are encouraged to review the changes under this new law for possible impact on current and future actions.
Members read more...

 November Telecommunications Update (1/08)
FCC issues a "Further Notice of Proposed Rulemaking;" FCC refreshes Competitive Networks Docket.
Members read more... 

2007 

California Law Revision Commission Shares Recent Feedback on the State's Common Interest Development Law Study (12/07)
Among the community association issues under discussion of Statutory Clarification and Simplification of CID Law: fidelity bond insurance requirements; records/recordkeeping; and reserves.

States Work to Stem Foreclosure Rates (11/07)
Foreclosures—and more specifically—"solutions" to this problem, are being addressed through state and (perhaps) federal efforts.

FCC Makes it Official (11/07)
FCC issues official order banning exclusivity clauses for video services in residential communities. Check out our analysis and Q&A.

October Telecommunications Update (11/07)
Status and analysis of the recent FCC order regarding exclusive contracts; FCC refreshes competitive networks docket; and inside wiring update. Members read more...

California Manager (Voluntary) Registration Law Extended (11/07)
AB 691 reauthorizes, for another five years, the state's voluntary Manager Certification Titling Act.

Rhode Island's Legislative Action Committee (LAC) Formation Approved (11/07)
Rhode Island becomes CAI's 29th LAC.

Connecticut Manager Licensing Regulations Broadened Under Recent Legislation (10/07)
Effective this month, there are new manager registration requirements.

September Telecommunications Update (10/07)
The FCC considers the status of exclusive contracts; inside wiring update; CALEA compliance and possible effects. Members read more...

FCC Rules on Exclusivity Clause (10/07)
Commission reverses earlier decision; unanimously bans exclusivity clauses for video services in residential communities.

August Telecommunications Update (10/07)
The FCC refreshes the competitive networks docket; inside wire rules are now effective. Members read more...

Florida's Revised Association Architectural Provisions (9/07)
New architectural guidelines are now in effect. Members read more...

"Capital Contributions" Bill Passes in New Jersey (9/07)
Effective now, this new law permits the imposition of a capital contribution upon the sale or resale of a condominium unit.

New Illinois Manager Standards Law (8/07)
Effective January 1, 2008, community association managers will be required to maintain standards of professionalism and financial responsibility.

July Telecommunications Update (8/07)
The FCC saw a number of comments regarding video services exclusive contracts; an overview of competitive networks docket comments. Members read more...

New DHS Regulations Will Tighten Employers' Workforce Eligibility Procedures (8/07)
Effective September 14, 2007, new regulations will require employers to fire workers who cannot verify their work eligibility and whose social security number does not match federal records.

Colorado Clarifies Use of Plats and Maps in Common Interest Communities (8/07)
Legislation (HB 1362) to clarify the use of plats and maps in common interest communities under the state's Common Interest Ownership Act has been signed.

New Jersey Supreme Court Rules for Community Associations (7/07)
The final ruling in Committee for a Better Twin Rivers v. Twin Rivers Community Association upheld the ability of residents of a community association to impose reasonable limitations on the display of political signs, use of community property and content of the association newsletter.

June Telecommunications Update (7/07)
Two states have adopted new cable franchising laws. Members read more...

CAI Responds to FCC (7/07)
CAI, on behalf of its members, submitted comments to the FCC in response to the Commission's March 27, 2007, Notice of Proposed Rulemaking for video services in MDUs.

Texas is Out of Session (6/07)
Texas members can count some victories in this legislative session, despite missing out on getting a resolution to expedited foreclosures. For a full recap of the session, access the Texas Legislative Action Committee's summary. Members can access a full listing of tracked legislation via CAI's Advocacy Center.

Georgia Addresses Proposed Developer Exemption (6/07)
The typical legislative process, from start to finish, can be a series of challenges. Georgia details its work regarding a proposal to exempt developers from paying assessments in developing properties. Members read more...

May Telecommunications Update (6/07)
Includes: Updated listing of state franchising legislation; FCC and two inside wiring proceedings; enforcement of OTARD Rules. Members read more...

April Telecommunications Update (5/07)
Includes: Comments due on FCC exclusive contracts for video service; competitive networks docket; state telecommunications rewrite bills; COLR update. Members read more...

Homeowner Protection Act of 2007 (5/07)
Colorado's construction defect legislation has been signed after a fast track through both chambers.

Manager Licensing (4/07)
Few issues can impact professional managers more than state-mandated licensing. The issue has surfaced—along with legislation—in several states. Members read more...

March Telecommunications Update (4/07)
Includes: Exclusives in MDUs, competitive networks docket, and carrier of last resort regulations. Members read more...

Federal Overview (4/07)
While it may appear as if almost half of Congress is running or thinking about running for president in 2008, some industry-impacting issues have surfaced. For a rundown of these issues, and some first quarter 2007 commentary on Federal activities, go to Federal Section under CAI's Advocacy Center. Members read more...

February Telecommunications Update (4/07)
State level telecommunications rewrite bills and anticipated notice of proposed rulemaking. Members read more...

CAI Responds to AARP on "Bill of Rights" (3/07)
With more than 35 million members, AARP can be the proverbial 800-pound gorilla in any room. That's why we are taking very seriously a model statute proposed by this powerful organization.

Many Voices Change the Course of Georgia's Leasing Bill (3/07)
Georgia HB 261 proposes prohibiting members of community associations from restricting the number of homes that could be rented, or any other requirement (i.e. minimum lease). Can CAI members and homeowners affect the progress of this legislation?

"Limiting Homeowner Assembly in Neighborhoods" (3/07)
A critical look at the Twin Rivers case and what may be at risk for association homeowners.

Colorado "Homeowner Protection Act of 2007," construction defect legislation, was introduced earlier this month. (3/07)

Proposed Denver Water Rate Prompts Rocky Mountain Response (3/07)
See how the Rocky Mountain Chapter of the Community Associations Institute addressed a (significant) proposed water rate increase, and how the Chapter's involvement shaped the outcome.

January Telecommunications Update (2/07)
Efforts to ban exclusive contracts, Florida COLR rule's effective date, and state telecommunications rewrite bills. Members read more...

Condo Tax Break a Possibility? (2/07)
Could a tax break for condominiums and cooperatives that do not receive regular city refuse, recycling and bulk item collection services become a reality? See the City Council bill that is proposing this.

CAI's 2007 Issues: The Circle of Homeowners' Rights (1/07)
How can three seemingly disparate items tie together and, together and separately, have the potential to be the issues for CAI members this year? Members read more...

Texas Uniformed Planned Community Act (1/07)
Though the Texas Legislature may not meet in regular session every year, considerable work is done during the non-session time. View interim House and Senate committees' studies of a proposed Texas Uniform Planned Community Act (TUPCA).

Twin Rivers Overview and Possible Aftermath (1/07)
Members read more...

December Telecommunications Update (1/07)
FL proposed rule on carrier of last resort; state franchising legislation; status of federal legislation H.R. 3876. Members read more...

November Telecommunications Update (1/07)
OTARD enforcement; FCC Memorandum Opinion and Order regarding OTARD; likely issues to be seen in 2007. Members read more...

California Earthquake Insurance Discussions: What Will the Future Hold? (1/07)
Members read more...

2006

Deal or No Deal?
Skip Daum, the California LAC's Administrator/Advocate, muses on key legislative options that could be posed in community association discussions (reprinted with permission).

October Exclusive Contracts & OTARD Update (11/06)
Members read more...

North Carolina Legal Decision Overturned: Amending Original Docs (11/06)

2005 North Carolina Law: An Exemplar of 2007 Initiatives? (11/06)
House Bill 1541, effective January 1, 2006, has provoked considerable interest. Could this legislation, An Act To Amend The Laws Governing Homeowner Associations to Provide Greater Protections For Homeowners, be the type of homeowner "protection" bill that other states may see? Members read more...

Fall Telecommunications, OTARD, Inside Wiring Update (10/06)
Members read more...

SBA Unveils Revised Website to Help Businesses Navigate Regulatory Compliance Information (10/06)

Fair Debt Collection Act Amendments Under SB 2856 (10/06)
As part of recently passed legislation, there will be changes to this Act under the Financial Services Regulatory Relief Act of 2006 presented to the President.

FCC's Inside Wiring Rules (9/06)
With cable, telephone, and emerging new tech providers advancing their products, an understanding of some matters involved with this new environment may be important. Members read more...

FEMA Funding Approval Nears (9/06)
After months of negotiations, it appears likely that FEMA funding (and overhaul) could be approved; Agency to remain part of the Homeland Security Department.

HR 42 Compliance (8/06)
CAI's College of Community Association Lawyers (CCAL) provides an overview of the July 24, 2006, signed Freedom to Display the American Flag Act of 2005, as well as some compliance guidelines. Members read more...

Federal Flag Measure is Now the Law (7/06)
President Bush signed legislation on July 24 that gives residents in community associations the right to fly the American flag, but with limitations that give associations the right to establish and enforce fair and reasonable limitations on how flags are displayed.

CAI's Newest LAC (7/06)
The Utah Legislative Action Committee (LAC) becomes CAI's 28th LAC.

GA Right to Repair Legislation Passes (4/06)
Another tough legislative battle concerning right to repair legislation. Members read more...

Right to Repair PA Legislation Vetoed (3/06)
Pennsylvania saw a much debated and (heavily) amended bill vetoed this month.

New Jersey Court Rules on Homeowner Rights of Expression (2/06)
In a long-awaited decision with national implications, a New Jersey appellate court has ruled that Constitutional protections supersede the business judgment rule when a community association's actions impinge on the fundamental rights of homeowners to "engage in expressive exercises...."

Privatization Study Presented to Florida's Regulatory Council of Community Association Managers (2/06)
The findings of a just-released, independent study commissioned by CAI demonstrate that privatizing the regulation of the community association management industry in Florida could have several advantages over its current administration within the state's Department of Business and Professional Regulation.

LA Special Session Includes Insurance Issues (2/06)
Louisiana legislators will discuss several property insurance issues during the special session that begins February 6.

An Issue States Are Sharing at the Start of 2006 Sessions (1/06)
Examine an issue that states are currently discussing, prompted by a 2005 court decision. Members read more...

Will Hawaii Condo Managers Need to be Certified? (1/06)
The Hawaii Sunrise Review has been completed, and the recommendations released.

2005

President Signs TRIA Extension  (12/05)

2005 Elections and Their Impact on 2006 Issues and Politics (12/05)
Can we predict the outcome of 2006 mid-term elections by the results of November's wins? Members read more...

TRIA Extension Passes; Next Step: President's Desk (12/05)
Just days before the Terrorism Risk Insurance Act of 2002 (TRIA) was set to expire, a compromise bill has been passed.

TRIA Expires at Year End—Or Does It? (12/05)
The House and Senate are working on compromise legislation that would extend the Terrorism Risk Insurance Act of 2002 (TRIA) that is due to expire this month.

Catastrophic Insurance Issues Capture Hill's Attention (11/05)
In a case of the Feds following the states' lead, a comprehensive catastrophic insurance bill was introduced in Congress on November 17.

Florida Omnibus Community Associations Bills Filed (11/05)
Florida gets a jump start on its 2006 session by introducing comprehensive legislation. Members read more...

State Synopsis of the Regulation of Community Association Managers (last updated 10/05) (11/05)
Understanding the importance of competent professional community association management, some states have taken steps to regulate the profession. Members read more...

Multi-State Insurance Regulators Convene Catastrophic Insurance Summit (11/05)
Meeting in San Francisco November 15 and 16, insurance commissioners from several states, along with the National Association of Insurance Commissioners (NAIC), will convene to discuss and devise a national catastrophic insurance plan.

More Florida Hurricane Insurance Investigations
The state's Office of Insurance Regulation has just released the results of a market conduct exam that reviewed Citizens Insurance Company's handling of the high volume of claims from the 2004 hurricane season. (11/05)

Florida Insurance-Related Orders (10/05)
Recently, a number of Florida insurance-related orders or rules have been issued. While some of these releases are a result of recent weather, the Consent Order released October 12 refers to claims from the 2004 hurricane season. Contact information for each of these items has been provided should further information be needed.

2005 Legislative Summary and 2006 Preview (10/05)
With information from several Legislative Action Committees (LACs) and the CAI legislative database, take a look back at some key legislation (passed as well as introduced) seen this year. Combined with a brief political overview, staff looks ahead to the 2006 political landscape that could impact issues.

 

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