This year’s legislative session came out of the gate with a bang, with one of the most active legislative sessions in the area of Community Association law.
However, this year’s legislative session made a quick U-turn into obscurity with very little, if any, significant legislation having been adopted. Regardless, I do believe this year’s proposed but failed legislation will prove to be a crystal ball for future changes.
Below is a summary of the most significant proposed legislation which failed to pass this year, but which is anticipated to likely be reintroduced in future legislative years. Keep an eye out for our 2019\2020 Legislative Update which will provide a more thorough review of this year’s legislative changes and a review of legislation likely to be introduced in the future.
HB 155 sought to modify Homeowners Association recalls, including a requirement that the voting interests participating in the recall physically reside within the community. My prediction is that we may not see this one again.
HB 1075, commonly referred to as the Community Association Bill, included some of the most extensive changes to Chapters 718, 719, and 720 which I’ve seen in one legislative session. This is one to keep an eye on and I suspect many of these changes will be reintroduced in the future:
- Exempting certain Community Association pools from Department of Health regulations
- Modifying the time periods which certain official records must be maintained in a condominium
- Prohibiting certain actions in connection with records inspections
- Revising requirements relating to the posting of digital copies of official records online
- Clarifying the term limit provisions of Chapter 718 to provide that only service after the effective date of the statute (July 1, 2018) is used for calculating the Board Member term limit
- Revising Board recall requirements
- Loosening the restrictions on contracting with Board Members in a condominium
- Modifying the provisions related to electronic vehicle charging stations as a material alteration to condominium common elements
- Allowing a Homeowners Association to adopt a procedure for posting meeting notices on the Association’s website by Board rule. The statute would still require consent to receive notice by electronic transmission
- Modifying the provisions related to notice of a fine and the due date to provide that the fine is due five (5) days after notice from the Homeowners Association to the homeowner
- The failed legislation related to short-term vacation rentals is certain to come up in future sessions. Please see Attorney Paris’ article below as we urge our clients to strongly consider amendments to their governing documents to protect the community from short-term vacation rentals
- The various bills related to fire and life safety systems primarily affecting condominiums will certainly be reintroduced in the future. However, the retrofit deadline for condominiums has been extended to January 1, 2024 with respect to retrofitting of a fire sprinkler system or an engineered life safety system.
Please be on the lookout for our 2019\2020 Legislative Update which will provide a much more exhaustive review of legislation which was adopted, as well as legislation which is very likely to be reintroduced in the future.