Æðµã´«Ã½

At the 2025 Fall Leadership Meeting, the Æðµã´«Ã½ Board of Directors approved the Legal Action Committee’s recommendation to award Legal Action Fund assistance grants in support of eight cases. Each case involves an issue of broad significance or addresses a legal question that poses a common challenge for Æðµã´«Ã½ members.

For more than 40 years, the Æðµã´«Ã½ Legal Action Fund has helped members and state/local HBAs offset litigation costs in cases involving issues that affect the home building industry nationwide or can serve as precedent. Since 2023, the Legal Action Fund has provided more than $450,000 to members and HBAs to help their cases.

Building Codes

The HBA of Michigan received support for two building code cases challenging the Michigan Department of Licensing and Regulatory Affairs (LARA). The first involves LARA’s adoption of the 2021 International Energy Conservation Code (IECC) without conducting the required seven-year payback analysis. The second challenges LARA’s authority to enforce a residential sprinkler provision, which is beyond its statutory power.

Impact Fees

Three additional cases involve impact fee challenges in Michigan, Florida, and California spearheaded by the states’ HBAs. Each case questions similar actions by local governments, including:

1. Impact fee increases imposed without justification,
2. Lack of current data or analysis to support the increases, and
3. Use of impact fees to fund general public benefits without proper approval.

Government Authority

Two grants were approved to support Æðµã´«Ã½ members in Ohio and Washington in cases addressing the scope of government authority.

Æðµã´«Ã½ staff will continue to monitor these matters and provide strategic support as they move through the courts.

The next round of Legal Action Fund applications will be considered at the 2026 International Builders’ Show in Orlando, Feb. 17-19. Applications are due by Friday, Jan. 30. For more information, contact Lavon Roxbury at 800-368-5242 x8359.