BILL HB10-1278
CAR Position - Oppose
Summary of HB10-1278
Sponsors: Ryden/Carroll M.
Current law provides for the creation of common interest
communities (usually residential subdivisions), governed by unit owners'
associations (HOAs). Such entities are created by contract, through
recorded documents containing mutually binding covenants that
homeowners and HOAs must enforce, if at all, through private legal
action. There is no state agency supervising the operation of HOAs or
enforcing compliance by either individual homeowners or HOAs with the
requirements of state law.
The bill creates the office of the HOA ombudsman to advocate on
behalf of unit owners, mediate disputes, and act as a clearing house for
information on the governing law. Sections 2 and 5 of the bill direct the
secretary of state to collect a surcharge on registration fees of HOAs that
are organized as nonprofit corporations to pay the direct and indirect costs
of the ombudsman's office. Section 4 outlines the ombudsman's powers,
duties, and qualifications and creates a cash fund. Section 6 provides for
sunset review of the ombudsman's office after 10 years.
Ombudsman - A person who investigates complaints and mediates fair settlements, especially between aggrieved parties such as consumers or students and an institution or organization More>
Status:
02/05/2010 Introduced In House - Assigned to Business Affairs and Labor
02/05/2010 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
02/24/2010 House Committee on Business Affairs and Labor Witness Testimony and/or Committee Discussion Only
03/03/2010 House Committee on Business Affairs and Labor Refer Amended to Appropriations
03/19/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
03/23/2010 House Second Reading Laid Over Daily
03/25/2010 House Second Reading Passed with Amendments
03/26/2010 House Third Reading Passed
04/13/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs
04/13/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs + Appropriations
04/21/2010 Senate Committee on State, Veterans & Military Affairs Refer Amended to Appropriations
04/30/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
05/04/2010 Senate Second Reading Laid Over Daily
05/07/2010 Senate Second Reading Passed with Amendments
05/10/2010 Senate Third Reading Passed
05/11/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/25/2010 Signed by the President of the Senate
05/25/2010 Signed by the Speaker of the House
05/25/2010 Sent to the Governor
06/07/2010 Governor Action - Signed
Fiscal Note>
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