Lindsay S. Smith

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This afternoon, the Fifth Circuit Court of Appeals granted the government’s emergency motion to stay the trial court’s nationwide injunction against the CTA and its reporting requirements, pending a final determination of the appeal of that order. Finding that the government made a strong showing as to the CTA’s constitutionality, and that the lower court…

In a memorandum opinion issued on December 3, 2024, Judge Mazzant out of the Eastern District of Texas issued a preliminary injunction against the Corporate Transparency Act, finding that the Act is likely beyond the scope of Congressional authority. Reporting companies do not have to comply with the CTA’s January 1, 2025 reporting deadline, pending…

Many of our clients have been following CAI’s lawsuit regarding the Corporate Transparency Act’s applicability to HOA clients, Community Associations Institute v. U.S. Department of Treasury, very closely. CAI sought a preliminary injunction, which would postpone the deadline for community associations to file beneficial ownership information reports until the case could be fully heard…

So, what is this Corporate Transparency Act thing? What does the government need us to do NOW??? Come join me for lunch at noon on Thursday (September 26, bring your own food to the Zoom!) and we will learn everything you wish you never needed to know about the CTA, with screen grabs from the…

As we predicted in 2022, the Colorado legislature has revised provisions that were created by House Bill 1137, which now means that community associations need to again update their Collection Policy.

What does this mean for you?  Existing clients that previously received WLPP Collection Policies under House Bill 1137 will be entitled to a revised…

Notice Regarding Colorado HOA Homeowners’ Rights Task Force

On May 24, 2023, Governor Polis signed into law HB23-1105, which creates an HOA Homeowners’ Rights Task Force (“Task Force”) to examine issues confronting communities that are governed by the executive board of an association. You can read more about the Task Force at https://dre.colorado.gov/division-notifications/house-bill-23-1105-task-forces-to-examine-issues-affecting-homeowners-rights.

Thanks to Senate Bill 23-178, community associations throughout the state will see a significant increase in the presence of mischievous young rabbits in the coming years.  Senate Bill 178 requires planned communities with detached structures – single family home communities – to permit the installation of vegetable gardens (which include flowers, fruit, herbs, and…

House Bill 23-1131, which would have required a majority of unit owners present at a Board meeting for the Board to approve a proposed budget, has been postponed indefinitely after its hearing in the Transportation, Housing, and Local Government Committee. Even a proposed strike-below, which would have allowed minute numbers of residents to veto…