Recently the United States Supreme Court granted a stay of the injunction previously granted by the Fifth Circuit Court of Appeals, which injunction nullified the (BOIR) registration requirement of the Corporate Transparency Act (the “CTA”). This new ruling reinstates the filing requirement under the CTA and allows the original appeal to be fully reviewed by the Fifth Circuit Court of... Read More
It’s been quite a roller coaster ride monitoring the ongoing litigation concerning the Corporate Transparency Act (“CTA”). As of today, December 30, 2024, the CTA compliance requirement has been halted again, which means you presently do not need to comply with the CTA’s requirement for reporting your association’s beneficial ownership information. Briefly, on December 3, 2024, the US District Court for the Eastern... Read More
Dear Managers and Directors, Yesterday, Dec. 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the U.S. Department of Treasury’s enforcement of the Corporate Transparency Act. See Texas Top Cop Shop, Inc., et al. v. Garland, et al. (“Texas”). In his opinion, Judge Amos L. Mazzant III ruled that “…reporting companies need not comply with the CTA’s... Read More
More Inspectors. SB 326 (the “Balcony Bill”) passed almost five (5!) years ago, requiring associations with residential buildings that have three or more units to have their wooden “exterior elevated elements” inspected by a licensed architect or structural engineer prior to January 1, 2025. Many associations have not completed this work, some citing inadequate availability of these inspection professionals. California’s... Read More
California has long required employers to establish, implement and maintain an injury prevention program. With the passage of Senate Bill No. 553 (SB 553) last year, California has imposed now upon employers the additional obligation to establish, implement and maintain in all work areas, an effective workplace violence prevention plan (“WP Violence Plan”) which contains specified information. Beginning July 1, 2024 covered... Read More
CLA’s Mark Allen Wilson co-hosted a Continuing Education of the Bar (CEB)-sponsored webinar on changes to state and local laws governing homeowner’s associations (HOAs) and common interest developments (CIDs) that impact the rights of individual homeowners and requires attorneys to navigate the different areas of real property and real estate practice. The program (“What's Hot with HOAs and... Read More
Reprinted by permission of CAI’s California Legislative Action Committee. For more information, visit CLAC online at CAICLAC.com. Perspective: With historic property losses to California’s homeowners came an equally historic exodus of its property insurers – leading to 5x to 10x increases in the cost of property insurance - if same could be obtained at all. Members of Community Associations Institute (“CAI”)... Read More
In 2020, California SB 908 enacted the California Debt Collection Licensing Act (“DCLA”), which requires persons engaged in the business of collecting “consumer debt” to apply for and obtain a debt collector license from the newly created California Department of Financial Protection & Innovation (“CDFPI”). In a recent posting on its website, the CDFPI determined the DCLA does not apply to... Read More
Recently, I had the opportunity to discuss pool maintenance, reserves, new products, rules and common legal questions with General Manager John Walters of the Palm Valley Country Club and Alan Smith of Alan Smith Pools. CAI asked me to summarize our conversation for its membership. Maintenance. All pool maintenance begins with chlorine. This sanitizer kills e-coli and other bad stuff in... Read More
Just days ago, a $997 million dollar settlement was proposed to the Court on behalf of the victims of the collapse of the Champlain Towers South building, which occurred on June 24, 2021. The judge expressed surprise and admiration at the speed the proposed settlement was reached. As you may guess, a wide swath of parties will contribute to the settlement.... Read More
