Compromise Reached on Federal Amateur Radio Bill H.R. 1301

In the waning days of May, CAI and HAM Radio Lobbyists worked with together with Federal Legislators to reach a compromise on H.R. 1301 concerning outdoor amateur radio antennas and services in residential communities. The revised bill requires the FCC to enact rules prohibiting private land use restrictions, including restrictive covenants found in almost every declaration, banning installation of outdoor antennas on property exclusively owned by an amateur radio licensee or which otherwise precludes amateur radio service communications. The FCC rules will mandate that the radio licensee notify and seek prior approval from their Association before installation of any outdoor antenna. Additionally, Associations will still be allowed to prohibit antenna location on common areas and enact reasonable rules concerning the height, location, size, and aesthetic impact of, and installation requirements for the outdoor antenna and support structures.

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CD Reform is Dead Again, So What’s Next?

After negotiations collapsed last week over proposed statewide construction defect legislation, the future of construction defect reform remains to be seen. What is clearly evident, however, is that many cities and local municipalities are not afraid to take matters into their own hands. But how effective are local ordinances?

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Unmatched Property Damage Exclusion

Recently we learned that a nationwide property insurer has adopted an additional endorsement which becomes part of the association’s property insurance policy upon its renewal.

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Will Assessments Become Tax Deductible?

On March 3, 2016, two members of the House of Representatives from California introduced H.R. 4696 which would amend the tax code to allow certain homeowners to deduct homeowner association assessments.  The act, called the “Helping Our Middle Income Earners Act” or “HOME Act” would allow homeowners earning $115,000 or less to deduct up to $5000 in regular assessments related to their primary residence from their federal taxes.  The bill has been assigned to the House Ways and Means Committee.

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Beware the Ides of March for Adoption of CD Ordinances!

On March 15, 2016, two more local governments adopted construction defect ordinances. Under local government public health, safety and welfare powers, municipalities are attempting to supplement perceived deficiencies in the Colorado Construction Defect Action Reform Act with the intent of decreasing builder and developer liability represented as an effort to promote affordable housing. Loveland adopted Ordinance No. 6004, and Fort Collins adopted Ordinance No. 030-2016.

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