Each year, CAI’s Government and Public Affairs team surveys legislative action committee members regarding predictions for legislative trends in their respective states. For the last several weeks, we have surveyed members of CAI’s Government and Public Affairs Committee and 37 Legislative Action Committee members about current and future legislative priorities they are observing in their respective states. 125 CAI members from 27 states and Washington, D.C., have responded to date. The top states represented in the survey results include:

  • Florida – 11.5% of respondents
  • California -10.7% of respondents
  • Virginia – 6.6% of respondents

Survey participants hold the following roles in the community association industry:

  • 41% – Volunteer Leader: Board Member or Homeowner
  • 34% – Community Association Manager
  • 34% – Business Partner

Condo Safety Issues Top Results: Legislative topics surrounding condominium safety topped the list for legislation seen in 2022 and anticipated in 2023. These topics include reserve studies and funding and building maintenance and structural integrity. CAI recommends statutorily mandating reserve studies and funding for all community associations. CAI recommends additional requirements by developers during the development process and prior to transition to the homeowners. CAI worked closely with developers on these recommendations. Structural integrity is addressed through statutorily mandated building inspections when the building is 10 years old, 20 years old, and every five years thereafter. Inspections are based on the American Society of Civil Engineers’ (ASCE) published protocol for building inspections (ANSI).

Here is a summary of the data collected:

2022 Legislative Issues: The top seven state legislative issues states have faced to date in 2022 include:

  • Community values: i.e., solar panels, electric vehicle charging stations, landscaping requirements, etc. – 49.5%
  • Reserve studies and funding – 41.9%
  • Building inspections and maintenance – 37.1%
  • Board authority and obligations – 30.5%
  • Virtual meetings – 25.7%
  • Amendment process to remove discriminatory restrictive covenants – 23.8%
  • Electronic voting – 23.8%

2023 Anticipated Legislative Issues: The top seven legislative issues anticipated in 2023:

  • Reserve studies and funding – 47.7%
  • Building inspections and maintenance – 43.9%
  • Community values: i.e., solar panels, electric vehicle charging stations, landscaping requirements, etc. 42.0%
  • Board authority and obligations – 39.3%
  • Insurance and risk management – 27.1%
  • Short-term vacation rentals – 26.2%
  • Manager licensing – 25.2%

CAI’s 2023 National Legislative Trend Predictions: Based on CAI’s current survey results, CAI’s Government and Public Affairs team is currently predicting the following trends for 2023 state legislative sessions:

  1. Reserve studies and funding.
  2. Building inspections and maintenance.
  3. Response to threats of violence against managers, management, and association boards.
  4. Community values: i.e., solar panels, electric vehicle charging stations, landscaping requirements, etc.
  5. Amendment process to remove discriminatory restrictive covenants.

We are still collecting responses to help us research, predict, and develop legislative priorities impacting the community association industry. If you are a CAI advocate, please participate in the survey here.

Phoebe E. Neseth, Esq.

Phoebe E. Neseth, Esq.

Director of Government and Public Affairs and the College of Community Association Lawyers

Full Bio

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