2025 HOA-related housing bills, legislative tracking

By Deborah Goonan, Independent American Communities deborahgoonan@gmail.com

Updated May 2025

Several states pass laws aimed at restoring transparency and property rights for homeowners in HOA, condo, and co-op communities.

Federal

Amateur Radio Emergency Preparedness Act

See also: Pfluger Introduces Bill to Protect Amateur Radio

A bill to preclude community associations (HOAs) of all types from prohibiting installation and use of Amateur Radio Antennas. Note: Most modern antennas consist of thin wires or can be integrated into a flagpole, making them much less obtrusive than they used to be.

Arizona

NOW LAW – SB1494 COMMON EXPENSE LIENS; FORECLOSURE; AMOUNT

A bill to raise the threshold for foreclosure by HOAs in planned communities. (From one year past due payments or $1,200 to two years delinquent or $10,000) Unless amended, this bill does not apply to condo associations.

SB1364: AMENDING SECTIONS 33-1250 AND 33-1812, ARIZONA REVISED STATUTES; RELATING
TO CONDOMINIUMS AND PLANNED COMMUNITIES. (Stalled in committee)

A comprehensive bill making further amendments to existing statutes, intended to ensure election integrity in community associations (HOAs).

SB1337: AMENDING SECTIONS 33-1242 AND 33-1803, ARIZONA REVISED STATUTES; RELATING
TO CONDOMINIUMS AND PLANNED COMMUNITIES. (Stalled in committee)

Minor amendments to the required process for giving notice of violation of HOA and condominium covenants to property owners.

NOW LAW – SB1378: AMENDING SECTIONS 33-1261 AND 33-1808, ARIZONA REVISED STATUTES; RELATING
TO CONDOMINIUMS AND PLANNED COMMUNITIES.

Amends current statute to include political flags (as opposed to merely signs) intended to influence the outcome of an election or ballot measure.

HB2599: AMENDING SECTION 12-552, ARIZONA REVISED STATUTES; AMENDING TITLE 33,
CHAPTER 9, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION
33-1242.01; RELATING TO CONDOMINIUM PROPERTY. (Stalled in committee)

A bill that would make it much more difficult for condominium owners’ associations to file construction defect claims. Changes to warranty period from 8 years to 4 years and requires a vote of two-thirds of unit owners before the condo association can proceed with litigation.

HB2410: AMENDING SECTIONS 33-1202, 33-1215, 33-1243, 33-1245 AND 33-1811, ARIZONA
REVISED STATUTES; RELATING TO CONDOMINIUMS AND PLANNED COMMUNITIES. (Stalled in committee)

Bill summary provided by Dennis Legere of Arizona Homeowners Coalition (AZHOC):

As the title describes, this bill will codify into law the actual fundamental duties of all board members to their homeowners. This bill specifies that all board members have a duty to comply with the governing documents and the HOA or Condominium statutes. Compliance with the law is no longer optional for these boards. Secondly, boards have a duty to manage, protect, and preserve the financial and physical assets of the community. This established the fiscal and fiduciary responsibility of the board. Finally, all board actions must be taken based on what the board believes to be in the best interest of the members of the community as a whole. This bill will end once and for all the lies provided by attorneys and the community managers (supported and reinforced by both CAI and AACM) that board duties are only based on the business judgment rule for corporations. 

HB2442: AMENDING SECTIONS 33-1202, 33-1215, 33-1243, 33-1245, 33-1802 AND 33-1803,
ARIZONA REVISED STATUTES; RELATING TO CONDOMINIUMS AND PLANNED COMMUNITIES (Stalled in committee)

A bill to give more power and authority to community association (HOA) members/homeowners. Creates a budget ratification process for members to vote to approve or disapprove the following actionsby the association’s board of directors: an annual budget increase above CPI; a special assessment; use of reserve funds for specified purposes; taking out loans on behalf of the association.

HB2656: Termination of Declarant Control (Stalled in committee)

Bill summary provided by Dennis Legere or AZHOC:

This bill establishes limitations on the ability of declarants to establish unconscionable powers over these communities while protecting their rights to build out and develop the entire project without any interference from the association board. It will also establish the duties of the developer to the community during the period of declarant control, but most importantly, require that the control end when 75% of the community is sold, with significant penalties to the declarant for failure to turn over control of the community to a board of directors elected by the community homeowners. This bill will require that the developers, during the period of control, pay the same assessment as any other homeowner for each property they own until they turn over control to the association-elected board. As an incentive, the declarant will be allowed to pay a reduced assessment for any remaining lots owned only after the termination of their control.

See AZHOC website for most current updates on these and other relevant HOA and housing bills:

Arizona Homeowners Coalition | HOA TRUTH. » Current Year HOA Legislation

California

AB 21: Homeowner Association Accountability and Transparency Act pf 2025

Note: Although this bill was killed in committee for apparent political reasons (see reference), it is likely to be reintroduced in 2026. Readers should be aware that the CA legislature apparently opposes additional transparency and accountability requirements for HOAs, even when they mirror those required of government. Also note that the Association of Community Managers of the California Community Associations Institute opposed this bill. (More proof that CAI does not represent the interests of the homeowners it serves.)

Among the proposed amendments to state law governing Common Interest Developments governed by HOAs, including condominium associations:

• A requirement for individual written notice of all board enacted rule changes
• Prohibits a majority of HOA board members from conducting private meetings regarding HOA business
• Requires an HOA to provide access to an agenda and information packet for all matters to be discussed in an open meeting
• Requires the HOA to formally announce any litigation it becomes involved in at a meeting, to include the name of the case and its case number
• Requirements that the HOA notify members of any insurance claims initiated, as well as any changes to insurance policies. The name of the insurance carrier and policy number(s) must be provided to members
• All meetings would have to be recorded (audio or audiovisual) and those recordings made part of official records
• Creates detailed requirements for information that must be included in meeting minutes
• An owner can bring a civil action, and a court can disqualify or void any actions taken by the HOA board when it operated in violation of state law
• The bill eliminates the use of secret ballots for making amendments to the governing documents, including bylaws
• The only condition for denying a right to vote is termination of HOA membership. (Not violations of covenants or delinquent payment of fees.)
• Allows a property owner to use small claims court to provide injunctive relief such as ordering a recalcitrant HOA to provide access to records

Overall, the bill aims to increase transparency and accountability of HOA. But some of these requirements, according to opponents of the bill, could be too costly or burdensome for association boards, particularly for smaller communities. See Legislative Analysis, which includes recommendations for amendment.

Reference:

California bill to increase HOA transparency fails in Assembly

Colorado

NOW LAW – HB25-1043 Owner Equity Protection in Homeowners’ Association Foreclosure Sales – Concerning the protection of unit owners in relation to enforcement actions by unit owners’ associations.

A bill to amend criteria that HOAs and condo associations must follow prior to initiating foreclosure. Notably, this bill allows an owner to delay a foreclosure auction of a home for 9 months, to allow the property owner to (hopefully) sell the home at a price closer to market value.

State law now also requires the state regulatory division to collect information on HOA delinquencies, judgments, payment plans, and foreclosures.

Florida

Senate Bill 1742 (2025) Condominium and Cooperative Associations; (Laid on the table, rolled into CS/HB 913)

Prohibiting a person whose community association manager license is revoked from having an indirect or direct ownership interest in, or be an employee, partner, officer, director, or trustee of, a community association management firm for a specified timeframe; prohibiting a community association manager or a community association management firm from performing any act directed by the community association if such act violates any state or federal law; authorizing an association board meeting to be conducted in person or by videoconference; revising the duties of the Division of Florida Condominiums, Timeshares, and Mobile Homes regarding investigation of complaints, etc. APPROPRIATION: $250,000 

A bill to prevent unprofessional, unlicensed management of HOAs. This is in response to recent criminal fraud investigations underway in a number of Florida community associations.

NOW LAW – CS/HB 913 Condominium Associations (effective July 1, 2025)

Revises provisions of Condominium Act relating to voting interests; amending declaration; criminal penalties; levying of special assessments & obtaining loans; voting & election procedures & disputes; accountings & reserve accounts; recall agreements; delinquent payments of assessments; attorney fees; removal or reinstallation of hurricane protection; termination of condominium; electronic voting; & shared expenses; requires association to post adopted minutes of certain records on website or application; requires department to submit specified report to Legislature; provides that certain amendments do not revive, reinstate, or retroactively apply to a right or interest of a condominium unit owner or condominium association in a matter pending adjudication before a specified date. 

As you can see from the summary posted on FL Legislature’s website, this is an omnibus bill (typical for Florida) that covers multiple issues in one long-winded bill with 104 pages of text.

A final legislative analysis of the new law summarizes its effects.

• Extends the deadline date for condo associations to conduct their first Structural Integrity Reserve Study (SIRS) from December 31, 2024, to December 31, 2025.
• Gives associations flexibility in terms of financing required reserves with regular or special assessments, lines of credit or loans; allows “alternative funding sources” for all multi-condominium associations. A majority vote of total membership interests is required to approve funding of reserves by special assessment, line of credit, or loan. (But no vote is required for increases of regular assessments.) All of this financial information must be recorded in an annual report to homeowners and must be disclosed to homebuyers.
• BUT…these reserve funding provisions don’t apply to developer- or bulk buyer-controlled community associations.
• Specifies new requirements for local enforcement agencies in reporting of milestone inspection compliance
• When a community association manager’s license is revoked, it is illegal for that person to provide any management services to an owners’ association, for a period of at least 10 years, at which time the individual can reapply for licensure and certification
• Requires full disclosure of “possible” conflicts of interest between a community association management agency and any contractor providing services other than management. A community’s board may terminate any management contract that violates these provisions.
• Requires full disclosure of conflicts of interest between structural reserve inspectors and contractors or design agents who will complete remediation of health and safety hazards (but does not prohibit conflicts of interest that are fully disclosed).
• Authorizes community associations to conduct board meetings and member meetings via teleconference or video conference. Also authorizes e-voting. Certain conditions apply (quorum, location, notice, etc.) to ensure that all members have access to attend a meeting either in person or online.
• If an annual budget would require raising assessments more than 115% of the previous fiscal year, the HOA must prepare and offer an alternative budget that removes all discretionary spending. Members must be given the option to vote for the lower-cost alternative budget. However, in determining the 115% calculation, required reserve contributions and insurance premiums are excluded.
• If a condominium association is terminating, members may waive continuation of reserve fund contributions.

The above list is a summary overview of the bill. For full details, refer to the link to CS/HB 913 in the heading of this section.

Reference:

Florida lawmakers rule out condo bailouts amid rising costs – CBS Miami

2025 condo reform bill sent to Gov. DeSantis for approval | WFLA

CS/CS/SB 48: Foreclosure Procedures (withdrawn from consideration in Senate)

Illinois

HB5388 Creates the Homeowners’ Association Bill of Rights Act. Requires the Office of the Attorney General to establish a separate HOA Department within the Consumer Protection Division. (Sine die)

Sadly, this bill pertaining to planned communities (not condos) has died in committee as of January 2025. It contained several beneficial proposals, as summarized in the official synopsis below.

Provides that the HOA Department shall enforce and provide guidance for the provisions in this Act. Requires that each member of the association shall be assessed $3 per year to support the HOA Department that shall be remitted to the HOA Fund to be used exclusively by the Attorney General’s Office for handling HOA enforcement and compliance. Provides that associations that do not have any special amenities such as a pool, gym, or community space may not increase their annual assessments for these amenities by more than 2% per year. Limits special assessments above $100,000 unless approved by a vote of the majority of the members. Provides that an association may be dissolved with a vote of at least 65% of its members. Creates a process for a homeowner to file a complaint against a board member. Stays any fines, late fees, and interest once a dispute is filed by a homeowner, and limits attorney’s fees to less than 10% of the original amount owed. Provides that a person who violates the Homeowners’ Association Bill of Rights Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Amends the State Finance Act to list the HOA Fund as a special fund.

IAC includes this bill under the expectation that similar legislation will be introduced in a future session.

Maryland

SB 787, Cooperative Housing Corporations and Condominiums – Funding of Reserve Accounts and Timing of Reserve Studies (stalled in committee)

A bill amending current statutory reserve study and reserve fund requirements for condominium and cooperative associations. Sets limitations on reserve fund components, only including those with repair or replacement costs of more than $10,000. Increases the time between required reserve studies from 5 years to 10 years.

Minnesota

HF1268 / SF1750 Common interest communities rights and duties modified, unit owner rights modified, termination threshold modified, meet and confer process established, notice of meetings modified, and governing bodies prohibited from requiring or incentivizing creation of homeowners’ associations. (In Senate; Session reconvenes 2/16/2026)

Two companion bills seek to restrict the HOA’s power to fine owners for violations of covenants and prohibit foreclosures due to fines. The House bill has been referred to the Senate, and its provisions will be rolled into SF 1750.

The bill sets upper limits on fines (not to exceed $2,500 in total) and requires the HOA to give an owner time to cure the violation to avoid the fine. An association would be required to publish and distribute a schedule of fines, as well as a separate schedule of late fees and charges billable to HOA members.

An amended version of SF 1750 states that the HOA may institute higher fines if the violation threatens health or safety, creates real damages to common property or another unit, or involves using the property for personal enrichment (such as a rental property).

Any payments received by an association must be applied first to regular assessments.

Prohibits HOAs from selling or assigning personal debts to a third party. (Debt collectors, law firms)

The most recent version of the bill sets benchmarks for initiating foreclosure due to non-payment of assessments. If monthly fees are $500 per month or less, the HOA can foreclose a lien of at least $1,500 or if fees have not been paid in at least 120 days. For associations with monthly fees greater than $500, the lien must exceed $2,500 or fees must have been unpaid for at least 120 days.

Homeowners representing 20% of voting interests in the association may petition the board to revoke a rule change. Upon receipt of the petition, the board will conduct a membership vote, and if a majority (as specified in governing documents) vote to rescind the rule, it will be revoked.

Notably, this legislation sets a $3,500 cap on attorney fees for collection of unpaid assessments and fines. It prohibits retaliation against a unit owner for asserting any rights.

The bills include additional transparency and due process provisions as well. HOA boards would have to allow owners to be part of the bylaw amendment process and would have to allow for a more formal process for owners to dispute fines. Owners must be given an opportunity to speak at a board meeting. There are new procedures for soliciting and evaluating competitive bids. Proxy voting restrictions are also included.

Owner and resident rights to park a personal vehicle on a public street are clarified and expanded, to prevent HOAs from issuing fines for parking violations. The definition of a personal vehicle has been expanded to include larger vehicles such as vans, SUVs and pickup trucks. In addition, HOAs would have to allow residents to park certain work vehicles in their own driveways.

The amendments propose that a common interest community (CIC) of detached single-family homes with no common elements may terminate its HOA with a vote of 60% of members. If the single-family home CIC has common elements, a termination requires a vote of 80% of association members.

(Commentary: This is a notable amendment, in that it provides an escape plan for homeowners that don’t need or want an HOA. It’s a pivotal change in public policy that moves toward eliminating HOAs that provide no value or that detract from the value of property in communities with dysfunctional or inactive associations. Note that condominium associations will continue to follow a separate legal termination process.)

In addition, the bills prohibit conflicts of interest, such as a board or management company hiring an affiliated contractor or immediate family members.

In a bold move to limit HOA problems in the future, SF1750 proposes that local governments must stop requiring HOAs and/or common property that requires HOAs for new real estate development. A developer can still request an HOA but can not be denied a permit for not including an HOA in a development plan. See sections 54.21 – 55.9.

References:

Bill to protect residents of HOA’s moving forward in Minnesota Legislature | FOX 9 Minneapolis-St. Paul

Lawmakers introduce bipartisan bill to rein in HOAs

Montana

NOW LAW – HB147: Revise laws related to covenants to provide definition of enforcement action

In a move to rein in the power of HOAs with regard to inconsistently enforced rules and architectural standards, this new statute prohibits HOAs from enforcing covenants and restrictions that the community association has failed to enforce “equally and consistently” for at least 2 years.

The amended statute pertains only to covenants that are not necessary to comply with existing laws or to ensure maintenance of the common property. In other words, this act targets enforcement of unpopular aesthetic restrictions and unwanted rules restricting use of private property. If an HOA has not consistently enforced a particular covenant, restriction, or rule for at least two years, then it has effectively abandoned it.

The bill garnered near unanimous support in the House, and 2:1 support in the Senate. It was signed by the Governor on May 2, 2025.

Montana law already prohibits enforcement of covenants for a community association that has failed to meet for the past 15 years.

Commentary: As expected, the prominent HOA industry trade group, Community Associations Institute, opposed this bill. But this time, common sense prevailed over CAI’s opposition!

Nevada

SB433: Revises provisions governing common-interest communities. (BDR 10-1105)

UPDATE: after considerable constituent backlash, this bill is dead. Thanks to owners who testified in opposition to this bill.

A multiple-subject bill making substantial changes to laws pertaining to homeowners and condominium associations.

New provisions in this bill mandate that HOAs, particularly condo associations, take measures to ensure structural integrity of buildings. To that end, this bill requires regular inspections and funding of necessary corrective maintenance and repairs to ensure public safety.

However, under overly broad definitions of bullying and retaliatory behavior, the bill also contains provisions to prevent unit owners from expressing disagreement with current association board members, including statements made on social media.

In addition, the bill would allow board members and community association managers to file a legal action against any unit owner or tenants of a unit owner accused of cyberbullying or retaliatory behavior. If passed, this legislation would create a further chilling effect on free speech in HOAs.

Given the inherent power imbalance between unit owners and HOA boards and management companies working on behalf of HOA boards — unit owners are already subject to the authority of their HOAs — these provisions seem excessive and therefore are prone to abuse.

The trouble with SB433 is that it is part of a nationwide legislative movement to prevent a repeat of the Surfside FL condo collapse in 2021, where 98 people tragically lost their lives. The collapse was preventable, but apparently, the condo association waited too long to make corrective repairs. (Because there were also latent defects in the structure that made maintenance and repair very costly, among other factors.)

The HOA industry trade group continues to push through new laws that require regular structural inspections and mandated repairs funded by special assessments and or loans taken by the association.

Politically, legislators want to support public safety, even if other provisions of the bill take away property owner rights which are totally unrelated to ensuring a structurally sound multistory building.

Forcing owners to pay for costly repairs, without any input from members, inevitably leads to internal conflict. That, in turn, leads to potentially nasty behavior from owners as well as board members.

Naturally, the HOA industry trade group wants to protect its own members and board director allies. However, this bill goes too far and creates a further imbalance of power between HOAs and its members.

Lobbyists for the HOA industry hope legislators will overlook the power grab provisions in order to pass the structural safety requirements.

Passed both Assembly and Senate; back to Assembly – AB185: Revises provisions relating to child care. (BDR 10-187)

An Act to prohibit HOAs from allowing a unit owner or tenant from operating a licensed childcare facility (daycare) in the community. The legislation does not apply to 55+ communities, or communities with dwellings that share walls (townhouses or condominium buildings).

An HOA can limit the number of licensed day cares to 1 per 200 homes in the community. The daycare is limited to providing care for not less than 5 and not more than 12 children. The owner of the day care must name the homeowners’ association as an additional insured on their business insurance policy.

This bill was somewhat controversial, as some homeowners believe that HOA members should vote on whether or not to allow daycare businesses in their communities. However, the act follows a nationwide trend of states passing laws to require HOAs to allow licensed childcare facilities in their communities, as a matter of public interest.

Passed both Assembly and Senate; back to Assembly – AB396: Revises provisions relating to housing. (BDR 22-232)

Following a national trend to expand the number of affordable housing units in the U.S., this bill would require cities in Nevada’s Henderson County to allow property owners to add up to two Accessory Dwelling Units (ADUs) on their private property. This ADU requirement would also apply to owners of HOA-located homes.

According to the most recent version of this bill, an HOA would be permitted to amend their governing documents to authorize enforcement of leasing restrictions on ADUs in order to meet underwriting requirements of lenders or insurance companies. The intent of this provision is to allow communities to limit the percentage of renter occupied properties, in order to allow the units to qualify for mortgage financing and to obtain insurance for the units and the association.

The bill also contains provisions clarifying an owner’s right to rent or lease their property, subject to HOA existing or amended governing documents.

With regard to termination of a common interest association: at least 80% of ownership interests other than the declarant (developer) must vote in favor of termination.

The bill also raises the maximum administrative fine ($5,000) that can be charged to an association after determining that it has violated state law. Currently, $1,000 is the maximum.

Note that the two major proposals in this bill — creation of ADUs and protection of a unit owner’s rights to rent out property under certain circumstances — are closely related.

SB152: Enacts provisions relating to electric vehicle charging stations in a common-interest community. (BDR 10-941) (No longer under consideration)

A bill to mandate that HOAs allow installation of EV charging stations for unit owners. The bill also allows HOA boards to install EV charging stations on common property, without a vote of unit owners.

For more information about these and other HOA-related bills, check out this web page from a Nevada homeowner advocate, Michael Kosor.

https://www.mikekosor.com/colegislative-update

North Carolina

H444 / SB 378: Homeowners Association Reform Bill / HOA Revisions

Companion bills that address multiple amendments to current state laws governing homeowners and condominium associations.

Proposed provisions:

Amendments to governing documents would not be applicable to current unit owners and would only apply to future owners when the home is conveyed to a new owner.

Eliminates automatic renewal of association management contracts.

Creates conditions that would end the practice of HOAs enforcing parking restrictions of private vehicles on public streets within HOA boundaries.

Would establish a department within the NC Department of Justice (DOJ) to collect statutory-related consumer complaints against owners’ and condo associations. The DOJ would not play any role in settling disputes but would be authorized to file an annual report to the Governor.

Requires HOA boards to follow a consistent and fair process for reviewing architectural or landscape plans.

Proposes that a majority of unit owners must vote to ratify a budget that is increased by more than 10% in the previous year.

Provides for written notice of covenant violations and late assessment payments, requires HOAs to hold a hearing before imposing a fine, notify an owner in writing when filing a lien against their property.

Sets monetary caps on attorney fees incurred by the HOA in enforcing collection of a fine. Prohibits foreclosure of liens related to fines.

Creates a pre-foreclosure process that allows the owner 6 months to pay off their HOA lien or enter into a payment plan. Allows an owner to redeem their property following a foreclosure sale.

Increases transparency requirements for owner’s right to access official HOA records.

Requires prelitigation mediation and creates a procedure for implementing this requirement.

Requires HOAs to provide access to financial records as well as HOA contracts with management or vendors. Authorizes a unit owner to recover legal fees in conjunction with a civil action to force an association to provide access to certain records, including contracts. This amendment includes access to automatic license plate reader contracts.

Additional provisions in SB 378 HOA revisions (pertaining to prelitigation mediation and authorizing the Dept of Justice to collect and report on HOA complaints)

The following provisions to apply to both homeowners and condominium associations. effective Dec. 1, 2025, if enacted.

Limits the length of a management contract to 2 years. Prohibits management agents from financial gain related to issuing HOA fines.

Prohibits the HOA from regulating or enforcing parking rules and restrictions on a publicly owned and maintained street. HOA regulation can only occur if the government has delegated this duty, and then only as specified by a formal local or state government agreement.

Disallows fines for HOA restrictions on providing in-home tutoring or music lesssons.

Clarifies limits on fees charged for certain resale documents.

Sets minimum requirements for a fair HOA procedure for review, approval, or denial of modifications to a home or unit.

Sets new requirements for providing notice of a covenant violation hearing. Allows an HOA to impose fines of $100 per day, up to a maximum of $2,500. In NC, fines are treated as assessment liens against the property. However, this amendment requires filing a separate, non-foreclosable lien for fines and fine-related charges. Liens for fines are subject to civil action seeking a money judgment.

Increases the length of an assessment delinquency prior to foreclosure from 90 days to 180 days. Amends the process for providing written notices of lien and/or nonjudicial foreclosure, specifying the rights of an owner to prevent foreclosure or to redeem the property following foreclosure.

Effective date for pre-litigation mediation provision – Oct. 1,2026

Requires filing of mandatory pre-litigation mediation for all civil disputes, except for actions related to an owner’s failure to pay HOA assessments or fines. Eiether party may waive mediation.

Effective date for DOJ acceptance of HOA complaints provision – July 1, 2025

Authorized the Department of Justice to collect HOA complaints and requires the DOJ to submit and annual summary report to relevant standing committees of NC state Legislature. The DOJ will collect complaints from HOAs (including condo associations) as well as complaints from individual owners.

Upon receipt of a complaint, the DOJ is required to forward a copy of the complaint to the other party. The DOJ will not investigate or resolve any complaints.

References:

‘Sweeping’ regulations for HOAs get approval in NC House, Senate committees | WUNC

Brunswick County representative co-sponsors bipartisan HOA reform bill | Port City Daily

Texas

NOW LAW – SB 2629: Relating to organization of, meetings of, and voting by condominium unit owners’ associations and property owners’ associations.

Authorizes homeowners’ associations to conduct membership meetings and board meeting by electronic means, with proper notice and assurances that all participants can hear, be heard, and that board members can actively participate in the meetings.

Also allows HOAs to vote electronically as long as each person voting can be identified. All votes are to be recorded.

According to the amended statute, as quoted below, the statute now permits HOAs of property owners to vote by electronic ballot OR absentee ballot OR proxy. However, the statute does not amend the requirements for the HOA. Unless the HOA’s governing documents state otherwise, an HOA is only required to provide one of these three methods of voting, not all three.

NOW LAW – HB0086: Homeowners’ Association Requirements

Specifies that a declarant/developer cannot use association funds in legal defense of a claim brought against said declarant. Establishes legal responsibilities of a developer during the period of declarant control of an HOA. Makes changes to legal requirements pertaining to when a declarant/developer must relinquish control of the HOA board.

Increases the legal penalty awarded to an owner, due to an HOA’s willful failure to provide access to records, to at least $1,000 or actual damages, whichever is greater. However, under this amended statute, Utah courts are no longer required to award legal costs to the prevailing party.

HB0327: Homeowners’ Association Modifications (Active bill; not passed)

Although this bill passed in the House, and was read twice in the Senate, the session ended before a final vote in the Senate. A summary follows.

This bill increases homeowner rights with respect to parking of private vehicles, display of certain flags, and the right to make fire-resistant modifications to one’s home. Requires an association board to provide a clear explanation for non-approval of any planned modifications that the owner requests.

Provisions grant a property owner stronger rights to install security cameras, plant a vegetable garden in their backyard, and park on public streets within the community.

Authors note: this post will be updated as information becomes available. Readers who are aware of other HOA-related bills across the U.S. are invited to email a link to the bill to deborahgoonan@gmail.com