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2011 SESSION

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HB 2289 Common interest communities; court may enter default judgment against unit owner on sworn affidavit.

Introduced by: Mark D. Sickles | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Common interest communities; rules violations; jurisdiction of general district courts.  Provides that a court may order the owner of common interest community property who is in violation of such community's rules to abate or remedy the violation. The bill also provides that a general district court may enter default judgment against an owner on the association's sworn affidavit. The bill contains technical amendments. This bill is identical to SB 1327.

SUMMARY AS INTRODUCED:

Common interest communities; rules violations; jurisdiction of general district courts.  Empowers the court to award reasonable attorney fees and costs to the prevailing party if a lawsuit results from the assessment of charges for a rules violation by an owner. The court may also order the violating owner to abate or remedy the violation. Finally, a general district court may enter default judgment against an owner on the association's sworn affidavit. The bill contains technical amendments.