Federal and state legislation and regulation can sometimes be introduced overnight, and during a hectic legislative session, bills can move swiftly. Legal issues can arise almost as quickly. This page provides general government affairs insight (updates, overviews, trends), regulatory items affecting CAI's members, and legislative information of note or news. For specifics on industry federal and state legislation, log into the Advocacy Center.
Manager Licensing
Virginia Manager Licensing Bill Signed—Effective July 1, 2008 (PDF)
Read more... (PDF) 5/08
Reserves & Disclosures Legislation Signed (PDF)
A new Washington state condominium association reserve studies and mandatory disclosures law is effective June, 2008. Read more... (PDF) 4/08
New Jersey Towing Law Effective 10/08 (PDF)
The Predatory Towing Prevention Act contains a section that applies to community associations and other property owners. Read more... (PDF) 4/08
Maryland Court Decision Will Impact Condos & Their Insurance Coverage (PDF)
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... (PDF) 4/08
Feds Wade into Pool Safety (PDF)
Congress passed the "Virginia Graeme Baker Pool and Spa Safety Act" as part of a larger energy bill late last year. Virginia Baker was the granddaughter of former Secretary of State James Baker and 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. Read more... (PDF) 4/08
California Court Rules on Associations' Ability to Amend Governing Docs (PDF)
This case upheld an association's voting procedures and its method of obtaining consent of the holders of mortgages. Read more... (PDF) 4/08
March Telecommunications Update (PDF)
Includes: Ban extended against common carriers entering into exclusive agreements to 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... (PDF) 4/08
Virginia Manager Licensing Bill Passes Both Chambers (PDF)
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. Read more... (PDF) 3/08
February Telecommunications Update (PDF)
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... (PDF) 3/08
Reasonable Access Q&A Released (PDF)
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. Read more... (PDF) 3/08
Judgment Rendered in Maryland Resale Disclosure Statement Case (PDF)
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... (PDF) 3/08
California 2008 Education Bill Introduced
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. Read more... (PDF) 3/08
Uniform Common Interest Ownership Act Discussed (PDF)
The National Conference of Commissioners on Uniform State Laws meets to consider two important drafts. Members read more... (PDF) 2/08
January Telecommunications Update (PDF)
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... (PDF) 2/08
December Telecommunications Update (PDF)
Includes: Exclusive Access to Premises Agreements; FCC Refreshes Competitive Networks Docket; Wisconsin Adopts State Franchise Scheme for Cable Franchising. Members read more... (PDF) 2/08
FCC Order Delayed! New Regulations for Communities Pending
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. Read more... 2/08
Florida Committee Holds Public Hearings on Governance Issues (PDF)
Florida's House Speaker has organized a Select Committee that, among other things, will hold public hearings on condo and homeowner association governance issues. Meetings are being conducted across the state now. Information about the Committee's mission and meeting specifics are included here. Read more... (PDF) 2/08
Colorado's New Foreclosure Law Took Full Effect 1/1/08 (PDF)
Associations are encouraged to review the changes under this new law for possible impact on current and future actions. Members read more... (PDF) 1/08
November Telecommunications Update (PDF)
FCC issues a "Further Notice of Proposed Rulemaking;" FCC refreshes Competitive Networks Docket. Members read more... (PDF) 1/08
California Law Revision Commission Shares Recent Feedback on the State's Common Interest Development Law Study (PDF)
Among the community association issues under discussion of Statutory Clarification and Simplification of CID Law: fidelity bond insurance requirements; records/recordkeeping; and reserves. Read more... (PDF) 12/07
States Work to Stem Foreclosure Rates (PDF)
Foreclosures—and more specifically—"solutions" to this problem, are being addressed through state and (perhaps) federal efforts. Read more... (PDF) 11/07
FCC Makes it Official (PDF)
FCC issues official order banning exclusivity clauses for video services in residential communities. Check out our analysis and Q&A. (PDF) 11/07
October Telecommunications Update (PDF)
Status and analysis of the recent FCC order regarding exclusive contracts; FCC refreshes competitive networks docket; and inside wiring update. Members read more... (PDF) 11/07
California Manager (Voluntary) Registration Law Extended (PDF)
AB 691 reauthorizes for another five years the state's voluntary Manager Certification Titling Act. Read more... (PDF) 11/07
Rhode Island's Legislative Action Committee (LAC) Formation Approved (PDF)
Rhode Island becomes CAI's 29th LAC. Read more... (PDF) 11/07
Connecticut Manager Licensing Regulations Broadened Under Recent Legislation (PDF)
Effective this month, there are new manager registration requirements. Read more... (PDF) 10/07
September Telecommunications Update (PDF)
The FCC considers the status of exclusive contracts; inside wiring update; CALEA compliance and possible effects. Members read more... (PDF) 10/07
FCC Rules on Exclusivity Clause (PDF)
Commission reverses earlier decision; unanimously bans exclusivity clauses for video services in residential communities. Read more... (PDF) 10/07
August Telecommunications Update (PDF)
The FCC refreshes the competitive networks docket; inside wire rules are now effective. Members read more... (PDF) 10/07
Florida's Revised Association Architectural Provisions (PDF)
New architectural guidelines are now in effect. Members read more... (PDF) 9/07
"Capital Contributions" Bill Passes in New Jersey (PDF)
Effective now, this new law permits the imposition of a capital contribution upon the sale or resale of a condominium unit. Read more... (PDF) 9/07
New Illinois Manager Standards Law (PDF)
Effective January 1, 2008, community association managers will be required to maintain standards of professionalism and financial responsibility. Read more... (PDF) 8/07
July Telecommunications Update (PDF)
The FCC saw a number of comments regarding video services exclusive contracts; an overview of competitive networks docket comments. Members read more... (PDF) 8/07
New DHS Regulations Will Tighten Employers' Workforce Eligibility Procedures (PDF)
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. Read more... (PDF) 8/07
Colorado Clarifies Use of Plats and Maps in Common Interest Communities (PDF)
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. Read more... (PDF) 8/07
New Jersey Supreme Court Rules for Community Associations
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. Read more... 7/07
June Telecommunications Update (PDF)
Two states have adopted new cable franchising laws. Members read more... (PDF) 7/07
CAI Responds to FCC
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. Read more... 7/07
Texas Is Out of Session
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. 6/07
Georgia Addresses Proposed Developer Exemption (PDF)
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... (PDF) 6/07
May Telecommunications Update (PDF)
Includes: Updated listing of state franchising legislation; FCC and two inside wiring proceedings; enforcement of OTARD Rules. Members read more... (PDF) 6/07
April Telecommunications Update (PDF)
Includes: Comments due on FCC exclusive contracts for video service; competitive networks docket; state telecommunications rewrite bills; COLR update. Members read more... (PDF) 5/07
Homeowner Protection Act of 2007 (PDF)
Colorado's construction defect legislation has been signed after a fast track through both chambers. Read more... (PDF) 5/07
Manager Licensing (PDF)
Few issues can impact professional managers more than state-mandated licensing. The issue has surfaced—along with legislation—in several states. Members read more... (PDF) 4/07
March Telecommunications Update (PDF)
Includes: Exclusives in MDUs, Competitive Networks Docket, and Carrier of Last Resort Regulations. Members read more... (PDF) 4/07
Federal Overview
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... 4/07
February Telecommunications Update (PDF)
State level telecommunications rewrite bills & anticipated notice of proposed rulemaking. Members read more... (PDF) 4/07
CAI Responds to AARP on "Bill of Rights"
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. Read more... 3/07
Many Voices Change the Course of Georgia's Leasing Bill
Georgia HB 261 proposes prohibiting members of community associations to determine 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? Read more... 3/07
"Limiting Homeowner Assembly in Neighborhoods" (PDF)
A critical look at the Twin Rivers case, and what may be at risk for association homeowners. Read more... (PDF) 3/07
Colorado "Homeowner Protection Act of 2007," construction defect legislation, was introduced earlier this month. Read more... 3/07
Proposed Denver Water Rate Prompts Rocky Mountain Response
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. Read more... 3/07
January Telecommunications Update (PDF)
Efforts to ban exclusive contracts, Florida COLR rule's effective date, & state telecommunications rewrite bills. Members read more... (PDF) 2/07
Condo Tax Break a Possibility?
Could a tax break for condos and co-ops 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. Read more... 2/07
CAI's 2007 Issues: The Circle of Homeowners' Rights (PDF)
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... (PDF) 1/07
Texas Uniformed Planned Community Act (PDF)
The Texas Legislature may not meet in regular session every year, but 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). Read more... (PDF) 1/07
Twin Rivers Overview and Possible Aftermath (PDF)
Members read more... (PDF) 1/07
December Telecommunications Update (PDF)
FL Proposed Rule on Carrier of Last Resort; state franchising legislation; status of federal legislation H.R. 3876. Members read more... (PDF) 1/07
November Telecommunications Update (PDF)
OTARD enforcement; FCC Memorandum Opinion and Order regarding OTARD; likely issues to be seen in 2007. Members read more... (PDF) 1/07
California Earthquake Insurance Discussions: What Will the Future Hold? (PDF)
Members read more... (PDF) 1/07
Deal or No Deal? (PDF)
Skip Daum, the California LAC's Administrator/Advocate, muses on key legislative options that could be posed in community association discussions (reprinted with permission). Read more... (PDF) 1/07
October Exclusive Contracts & OTARD Update (PDF)
Members read more... (PDF) 11/06
North Carolina Legal Decision Overturned: Amending Original Docs (PDF) 11/06
2005 North Carolina Law: An Exemplar of 2007 Initiatives? (PDF)
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... (PDF) 11/06
Fall Telecommunications, OTARD, Inside Wiring Update (PDF)
Members read more... (PDF) 10/06
SBA Unveils Revised Website to Help Businesses Navigate Regulatory Compliance Information 10/06
Fair Debt Collection Act Amendments Under SB 2856
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. Read more... 10/06
FCC's Inside Wiring Rules (PDF)
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... (PDF) 9/06
FEMA Funding Approval Nears
After months of negotiations, it appears likely that FEMA funding (and overhaul) could be approved; Agency to remain part of the Homeland Security Department. Read more... 9/06
HR 42 Compliance
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... 8/06
Federal Flag Measure is Now the Law
President Bush signed legislation 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. Read more... 7/06
CAI's Newest LAC
The Utah Legislative Action Committee (LAC) becomes CAI's 28th LAC. Read more... 7/06
GA Right to Repair Legislation Passes
Another tough legislative battle concerning right to repair legislation. Members read more... 4/06
Right to Repair PA Legislation Vetoed
Pennsylvania saw a much debated and (heavily) amended bill vetoed this month. Read more... 3/06
New Jersey Court Rules on Homeowner Rights of Expression
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...." Read more... 2/06
Privatization Study Presented to Florida's Regulatory Council of Community Association Managers
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. Read more... 2/06
LA Special Session Includes Insurance Issues
Louisiana legislators will discuss several property insurance issues during the special session that begins February 6th.Read more... 2/06
An Issue States Are Sharing at the Start of 2006 Sessions (Members Only)
Examine an issue that states are currently discussing, prompted by a 2005 court decision. Members read more... 1/06
Will Hawaii Condo Managers Need to be Certified?
The Hawaii Sunrise Review has been completed, and the recommendations released. Read more... 1/06
President Signs TRIA Extension 12/22/05
2005 Elections and Their Impact on 2006 Issues and Politics (Members Only)
Can we predict the outcome of 2006 mid-term elections by the results of November's wins? Members read more... 12/05
TRIA Extension Passes; Next Step: President's Desk
Just days before the Terrorism Risk Insurance Act of 2002 (TRIA) was set to expire, a compromise bill has been passed. Read more... 12/05
TRIA Expires at Year End—Or Does It?
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. Read more... 12/05
Catastrophic Insurance Issues Capture Hill's Attention
In a case of the Feds following the states' lead, a comprehensive catastrophe insurance bill was introduced in Congress on November 17th. Read more... 11/05
Florida Omnibus Community Associations Bills Filed (Members Only)
Florida gets a jump start on its 2006 session by introducing comprehensive legislation. Members read more... 11/05
State Synopsis of the Regulation of Community Association Managers (last updated 10/05) (Members Only)
Understanding the importance of competent professional community association management, some states have taken steps to regulate the profession. Members read more... 11/05
Multi-State Insurance Regulators Convene Catastrophic Insurance Summit
Meeting in San Francisco November 15th and 16th, 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. Read more... 11/05
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. Read more... 11/05
Florida Insurance-Related Orders
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 12th refers to claims from the 2004 hurricane season. Contact information for each of these items has been provided should further information be needed. 10/05
2005 Legislative Summary and 2006 Preview (PDF)
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. Read the summary (PDF). 10/05
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