AI, data privacy, & intellectual property

 Weird that we’re talking about AI here in our property rights/constitutional rights information, but here we go.  OpenAI asks its users to comply with copyrights and intellectual property laws. oh…okay… sure, like that’s happening. Those in the know suggest that you host your data on a private server to prevent genAI from scraping your intellectual property.

Nature | Intellectual property and data privacy: the hidden risks of AI

HOA covenants and Short Term Rentals

Can an HOA amend its covenants to restrict short term rentals? A court in North Carolina said no if the original covenants had no restraints on alienation, even if the HOA followed all the rules to amend their covenants. McDougald v. White Oak Plantation Homeowners Ass’n, 904 S.E.2d 180 (N.C. Ct. App. 2024). 

Harvard Law School | Bussey Professor of Law | Joseph William Singer | HOA cannot prohibit short-term leasing if original covenants contained no restraints on alienation


Heat Pumps + Building Codes

This week the California Energy Commission adopted new building codes that seek to require heat pumps in all new residences beginning in 2026. Agency staff estimates that the heat pump requirement will save almost $5 billion in energy costs and cut 4 million metric tons of carbon emissions over three years.

Sacramento Bee | California pushes heat pumps for all new homes starting 2026 with new building code

Building Code Trend: birds

Bird-building collisions cause the death of more than 1 billion birds a year.  Regulatory possibilities to clear sidewalks of bird carcasses include building codes with bird friendly provisions; state laws like Illinois which in 2021 passed a law requiring all  new state-owned buildings to incorporate netting, screens, shutters and other bird-friendly features;  leaving it to the Feds to create a permitting process under the Migratory Bird Treaty Act within the Department of U.S. Fish and Wildlife; let the locals handle it like in 2013  when Oakland became the 3rd city to adopt a bird ordinance which requires the application of bird-friendly glazing to at least 90% of windows and glass between the ground and 60 feet above ground, turn out nighttime architectural lights, install motion sensors or timers so that they can be programmed to turn off between 11 p.m. and sunrise, and minimize roof antennas and other rooftop structures that create additional collision risks; or private sector action e.g. the owners of Chicago’s McCormick Place are installing decals with little polka dots on the windows to reduce collisions. 

Route Fifty | As deadly bird collisions with buildings mount, cities look for solutions

Land Use: Distance Requirements for Warehouses

Pending the Governor’s signature, California’s AB 98 (2024 | CA), would require, with exceptions, that new warehouses be built on arterial roads, collector roads, major thoroughfares or local roads primarily used by commercial traffic. The goal of distance requirements for warehouses is to limit noise and pollution from neighborhoods and schools. The bill would also require warehouses to add landscaping screens and implement set backs for buildings.

SB Sun | Bill separating warehouses from homes, schools passes California Legislature