Condo & HOA Legislation

January 28, 2025

Supreme Court Allows Enforcement of Corporate Transparency Act; FinCEN’s Website Says Filing Requirements Still on Pause

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. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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January 23, 2025

Supreme Court Allows Enforcement of Corporate Transparency Act

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. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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December 23, 2024

5th Circuit Sets Aside Nationwide CTA Injunction on December 23, 2024: Complete your Corporate Transparency Act filings before January 1, 2025!

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. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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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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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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August 7, 2024

The Homeowners’ Native Landscaping Act: What Illinois Community Associations Need to Do to Comply with the New Landscaping Law

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…
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