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2014 SESSION

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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 | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

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. 

SUMMARY AS PASSED:

Condominium and Property Owners' Association Acts; rule enforcement. Gives associations the right, to the extent the governing documents duly adopted rules expressly so provide, to 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. The bill further provides that before any action authorized in the bill or in the governing documents is taken 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. Lastly, 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.

SUMMARY AS PASSED HOUSE:

Condominium and Property Owners' Association Acts; rule enforcement. Gives associations the right, except to the extent the governing documents expressly provide otherwise, to (i) suspend a unit owner's right to use facilities or services, including utility services, provided directly through the unit owners' association for nonpayment of assessments which are more than 60 days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant; (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible; and (iii) file 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. The bill provides that the powers authorized in the bill or by the governing documents shall be exercised by an association in good faith and not exercised frivolously, vexatiously, or primarily for purposes of harassment of the owner. The bill further provides that before any action authorized in the bill or in the governing documents is taken and after written notice of the alleged violation to the unit 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 further notice and 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.

SUMMARY AS INTRODUCED:

Condominium and Property Owners' Association Acts; rule enforcement. Gives the association the right to file a legal action for an order of abatement as a separate remedy for rules violations by an owner.