Community Associations Blog

The tragedy of the Champlain Towers South collapse is coming close to its second anniversary. While the physical reasons for the collapse remain under investigation, the marketplace and statutory approach in Florida has shifted, which may lead to further changes in other markets. The most likely change to be considered in other states are mandatory reserves for associations.

Effective January 1, 2023, there are two new changes impacting homeowners’ associations related to for sale signs and solar panels; the statutes do not apply to condominiums.

During this year’s legislative session, the Missouri General Assembly adopted a bill related to COVID-19 increasing the burden of proof that a person must show to recover for their personal injuries. The Governor of Missouri is expected to sign the bill, which would then become effective on August 28, 2021. This is to summarize how this legislation impacts community associations.

A homeowner brought suit against Konert Farms Homeowners’ Association (“Association”) asserting the Association was responsible for the maintenance of a limestone rock wall that was located on her lot because the declaration says that the Association is responsible for the retaining walls throughout the subdivision. Our litigation team successfully argued that retaining walls, using the plain and ordinary meaning, meant something built and did not encompass a naturally occurring limestone rock wall.

Beginning March 23, 2020, St. Louis County and the City of St. Louis, in following suit with the State of Illinois, issued “stay in place” orders to drastically reduce the potential spread of COVID-19 (commonly referred to as the coronavirus).