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Covid-19 Legislative Priorities

To help communities and their residents continue to maintain security in housing the following resources are provided that include model language, survey results, current related-state statutes, email templates, etc.

Limited Liability for Community Associations

CAI supports legislation that limits an association’s liability as common areas and community facilities reopen for communities that act in good faith and comply with local, state, and CDC guidelines.

    •   View the states with limited-liability statutes 
    •   Model language
    •   Current legislative tracking of COVID-19 Limited-liability Bills

Electronic Voting & Virtual Meetings

CAI supports legislation which allows a community association board and general membership meetings to be held virtually.

Rules and regulations controlling virtual meetings vary from state to state and are contingent in many states on a community association’s articles of incorporation, charter, or bylaws. Many states require associations to file as nonprofits corporations, which means associations in those states may be governed by the state’s nonprofit or business corporation act. If an association’s governing documents are silent on virtual meeting regulations, the respective state’s nonprofit or business corporation act may allow an association to hold a virtual meeting.

Emergency Powers

CAI supports legislation which provides community associations boards of directors emergency powers during state of emergencies to ensure authority for business continuity and actions that protect the health and welfare of the homeowners in the community.

We encourage our legislative action committees to consider amending their current laws to include these powers within their statutes.

Housing Assistance Funds

To bridge the financial gap when owners may not be able to pay their assessments, CAI supports the Housing Assistance Fund at the U.S. Treasury Department and state financial housing agencies. The Housing Assistance Fund was established to help homeowners avoid foreclosure during the housing crisis of 2008-2012. States used these funds to help homeowners cure association assessment defaults.

Priority Lien

Priority lien statues preserve property values, balance the interests of homeowners in community associations and lenders, and are the reasonable solution to abandoned property and zombie foreclosures.

CAI public policy supports (1) association lien priority equal to the amount of assessments due over the term of a first mortgage or deed of trust, (2) evergreen or perpetually renewable association lien priority, (3) lien amounts equal to common expense assessments due together with attorney fees and other costs of collection, and (4) elimination of secondary mortgage market guidelines that discourage or restrict lending in priority lien jurisdictions.