Condo & HOA Legislation

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…

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…

The Illinois Homeowners’ Native Landscaping Act, 765 ILCS 167/1, et seq., which became effective on July 19, 2024, regulates the ability of Illinois community associations to prohibit certain types of landscaping.  The declaration and rules and regulations of most Illinois community associations will typically require some form of approval for an owner to install landscaping, but they are typically silent…

On January 1, 2024, the Federal Crimes Enforcement Network (“FinCEN”) opened its online portal for corporate entities in the United States to begin compliance with the new reporting requirements under the Corporate Transparency Act (“CTA”). As discussed in our previous article, Navigating the CTA:  A Guide for Condos and HOAs to comply with the Corporate Transparency Act, the CTA would…

March 1, 2024 – Federal Court rules that the Corporate Transparency Act is Unconstitutional: What does it mean for Community Associations? Read our updated blog article. The Corporate Transparency Act is a federal law that was enacted in 2021 to stop individuals in foreign countries from illegally moving money into the United States.  The Corporate Transparency Act creates new reporting…

I had the pleasure of attending the Community Association Institute (CAI) Advocacy Summit in Washington, D.C. earlier this week and talking with various legislators and their staff regarding issues that impact Condominium Associations.