Condo & HOA Legislation December 9, 2024

FinCEN appeals nationwide Corporate Transparency Act Injunction: What is the impact on Community Associations?

On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Specifically, the Court held as follows: Plaintiffs have satisfied all prerequisites for a preliminary injunction. The Court…
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Condo & HOA Legislation December 5, 2024

Federal Court halts Corporate Transparency Act Enforcement: What does it mean for Condos and Homeowners Associations?

The Corporate Transparency Act (“CTA”) has been a significant concern for community associations in 2024. The CTA requires corporate entities, including many condominium and homeowners associations, to report personal information for individuals exercising substantial control of these entities by the end of 2025.  Individuals that qualify as beneficial owners under the Corporate Transparency Act would need to report  names, dates…
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Fair Housing December 4, 2024

What Is the Discriminatory Effects Rule Under the Fair Housing Act?

The Fair Housing Act (the “FHA”) prohibits housing discrimination because of an individual’s race, color, religion, sex (which includes both gender identity and sexual orientation), disability, familial status, or national origin. The most obvious form of housing discrimination is an action, omission, or policy that is intended to discriminate on the basis of one of these protected classes; however, after…
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Condo & HOA Insurance October 15, 2024

Liability Protection: How to Protect the Condo Association Against Increased Premises Liability Exposure

As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. The condominium association under Janini…
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Technology & Security September 25, 2024

Top 4 Legal Considerations for Gated Communities in Michigan: What Condos and HOA’s Need to Know

Imagine living in an exclusive, gated condominium community where security and privacy are top priorities. Whether your home is nestled in a suburban site condominium or perched in a sophisticated downtown high-rise, the added peace of mind a gated community provides is a major selling point for many. In fact, a recent study shows that homes in non-gated communities are…
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