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Laws Pertaining to HOA's Passed in 2014

Here are the seven bills that passed all pertaining to Homeowner Associations:

HB 2021: Vexatious Litigants

HB 2027: Golf Carts; Neighborhood Electric Vehicles (applies only to age restricted communities in unincorporated areas of a county with a population of more than 3 million)

HB 2141: County Assessor, Common Area; Consolidation (this does not provide for Common Area Valuation (CAV) so associations will still need to submit this to reduce tax liability)

HB 2477: Homeowner Association; Transfer Fees; Exemption (This does not refer to a Working Capital fee, Reserve Contribution fee or some other fee that would be permitted per language in the CC&Rs. This is the fee charged to provide disclosure information for a transfer only.)

SB 1184: Planned Communities; Definition; Property Easements

SB 1305: Semipublic Swimming Pool Barrier Gates (applies to communities after January 1, 2015, older pools will have some grandfathered rights)

SB 1482: HOA Omnibus

  • Management company CLDP’s are now permitted to sign liens; management company agents can represent associations in small claims court. Allows for alternate methods for voting to include email and fax.
  • Prohibits city planning agencies or county P&Z commissions from requiring an HOA if there is no common area or community owned improvements
  • Restrictions on rental properties (such as no leases less than 6 months, etc.) must be in the CC&Rs. They cannot be inrules, board resolutions or any other document. Additionally renters need to be treated the same as owners and prohibits requiring a tenant to sign a waiver of other document limiting civil rights to due process as a condition of occupancy 
  • Language in regard to political signs in condo communities as to location of where these can be placed
  • Filing fee being refundable for an Administrative Law Judge is if the case is dismissed before a hearing is scheduled

SB 1278 Homeowners Associations; Public Roadways (this was signed by the Governor last year and goes into effect January 1, 2015. Prohibits an association from enforcing no parking restrictions on public streets for a NEW community in which the CC&Rs were recorded after January 1, 2015 only. This does not affect existing communities.)

**All laws will become effective July 24, 2014, except for HB 2021, which will
become effective on December 31, 2014 and SB1278 which will become effective on January 1, 2015.

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