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2014 SESSION
HB 791 Condominium and Property Owners' Association Acts; adoption and rule enforcement, appeals.
Introduced by: James M. LeMunyon | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Condominium and Property Owners' Association Acts; rule enforcement. Provides that associations may file or defend a legal action in general district or circuit court to seek an order to require that any violation of the condominium instruments or rules duly adopted pursuant thereto be corrected. However, the bill provides that before any action authorized in the bill or in the governing documents is taken to enforce rules violations and after written notice of the alleged violation to the owner at the address required for notices of meetings, the owner shall be given a reasonable opportunity to correct the alleged violation. If the violation remains uncorrected, the owner shall be given an opportunity to be heard and to be represented by counsel before the board or such other tribunal as the governing documents or rules duly adopted pursuant thereto specify. The bill gives an appeal of right from general district court an action involving rule enforcement filed by a condominium unit owners' association or unit owner or of an action filed by a property owners' association or lot owner. The bill provides that in the event of a legal action involving rule enforcement, the prevailing party is entitled to recover court costs and reasonable attorney fees. Currently, only the association is entitled to recover such costs and fees.
FULL TEXT
- 01/07/14 House: Prefiled and ordered printed; offered 01/08/14 14102258D pdf
- 01/23/14 House: Committee substitute printed 14103962D-H1 pdf
- 02/17/14 Senate: Committee substitute printed 14103965D-S1 pdf
- 02/21/14 Senate: Floor substitute printed to Web only 14105241D-S2 (Petersen) pdf
- 03/07/14 House: Conference substitute printed 14105568D-H2 pdf
- 03/17/14 House: Bill text as passed House and Senate (HB791ER) pdf
- 04/06/14 House: Governor's substitute printed 14105713D-H3 pdf
- 04/23/14 House: Reenrolled bill text (HB791ER2) pdf
- 04/23/14 Governor: Acts of Assembly Chapter text (CHAP0784) pdf
AMENDMENTS
HISTORY
- 01/07/14 House: Prefiled and ordered printed; offered 01/08/14 14102258D
- 01/07/14 House: Referred to Committee on General Laws
- 01/10/14 House: Assigned GL sub: Subcommittee #1
- 01/14/14 House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
- 01/21/14 House: Reconsidered by GL sub: Subcommittee #1
- 01/21/14 House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
- 01/23/14 House: Reported from General Laws with substitute (21-Y 1-N)
- 01/23/14 House: Committee substitute printed 14103962D-H1
- 01/27/14 House: Read first time
- 01/28/14 House: Passed by for the day
- 01/29/14 House: Passed by for the day
- 01/30/14 House: Read second time
- 01/30/14 House: Committee substitute agreed to 14103962D-H1
- 01/30/14 House: Engrossed by House - committee substitute HB791H1
- 01/31/14 House: Read third time and passed House (60-Y 34-N 1-A)
- 01/31/14 House: VOTE: PASSAGE (60-Y 34-N 1-A)
- 02/03/14 Senate: Constitutional reading dispensed
- 02/03/14 Senate: Referred to Committee on General Laws and Technology
- 02/17/14 Senate: Reported from General Laws and Technology with substitute (14-Y 1-N)
- 02/17/14 Senate: Committee substitute printed 14103965D-S1
- 02/19/14 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/20/14 Senate: Read third time
- 02/20/14 Senate: Passed by for the day
- 02/21/14 Senate: Read third time
- 02/21/14 Senate: Floor substitute printed to Web only 14105241D-S2 (Petersen)
- 02/21/14 Senate: Passed by for the day
- 02/24/14 Senate: Read third time
- 02/24/14 Senate: Passed by for the day
- 02/25/14 Senate: Read third time
- 02/25/14 Senate: Reading of substitute waived
- 02/25/14 Senate: Committee substitute agreed to 14103965D-S1 (26-Y 14-N)
- 02/25/14 Senate: Title replaced 14103965D-S1
- 02/25/14 Senate: Substitute offered by Senator Petersen ruled out of order 14105241D-S2
- 02/25/14 Senate: Reading of amendment waived
- 02/25/14 Senate: Amendment by Senator Wexton agreed to
- 02/25/14 Senate: Engrossed by Senate - committee substitute with amendment HB791S1
- 02/25/14 Senate: Passed Senate with substitute with amendment (30-Y 9-N)
- 02/26/14 House: Placed on Calendar
- 02/27/14 House: Pending question ordered
- 02/27/14 House: Senate substitute with amendment rejected by House 14103965D-S1 (39-Y 55-N)
- 02/27/14 House: VOTE: REJECTED (39-Y 55-N)
- 03/03/14 Senate: Senate insisted on substitute with amendment (37-Y 3-N)
- 03/03/14 Senate: Senate requested conference committee
- 03/04/14 House: House acceded to request
- 03/05/14 House: Conferees appointed by House
- 03/05/14 House: Delegates: LeMunyon, Habeeb, Sickles
- 03/05/14 Senate: Conferees appointed by Senate
- 03/05/14 Senate: Senators: Barker, Petersen, Ruff
- 03/07/14 Conference: Amended by conference committee
- 03/07/14 House: Conference substitute printed 14105568D-H2
- 03/07/14 Senate: Conference report agreed to by Senate (37-Y 2-N)
- 03/07/14 Senate: Reconsideration of conference report agreed to by Senate (39-Y 0-N)
- 03/07/14 Senate: Conference report agreed to by Senate (35-Y 4-N)
- 03/07/14 House: Conference report agreed to by House (82-Y 15-N)
- 03/07/14 House: VOTE: ADOPTION (82-Y 15-N)
- 03/17/14 House: Enrolled
- 03/17/14 House: Bill text as passed House and Senate (HB791ER)
- 03/17/14 Senate: Signed by President
- 03/18/14 House: Signed by Speaker
- 04/06/14 House: Governor's recommendation received by House
- 04/06/14 House: Governor's substitute printed 14105713D-H3
- 04/22/14 House: Placed on Calendar
- 04/23/14 House: House concurred in Governor's recommendation (74-Y 19-N)
- 04/23/14 House: VOTE: ADOPTION (74-Y 19-N)
- 04/23/14 Senate: Senate concurred in Governor's recommendation (35-Y 4-N)
- 04/23/14 Governor: Governor's recommendation adopted
- 04/23/14 House: Reenrolled
- 04/23/14 House: Reenrolled bill text (HB791ER2)
- 04/23/14 House: Signed by Speaker as reenrolled
- 04/23/14 Senate: Signed by President as reenrolled
- 04/23/14 House: Enacted, Chapter 784 (effective 7/1/14)
- 04/23/14 Governor: Acts of Assembly Chapter text (CHAP0784)