Legislative Update 2009
Legislation governing community associations has been slower this year than in years past, largely due to the budget crisis facing the State. Here are a few bills to be aware of that involve community associations.
HB 2034: Community Authority of Public Roadways
This bill would prevent associations from regulating parking on public streets. Currently associations have a contract with owners wherein owners may agree to comply with certain parking restrictions that may be more restrictive than municipal parking restrictions. This bill would shift responsibility for all parking infractions on public streets to be handled by the appropriate municipality instead of allowing the local associations to deal with the parking concerns within their own communities.
HB 2391: Declarant Failure/Suncreens and Solar Shades
This bill attempts to provide guidance to an association when a developer of the property becomes defunct. The bill as presently worded is confusing, therefore it is unclear what the full impact of this bill could be. An amendment has recently been added to this bill which would allow owners to install suncreens and/or solar shades under certain circumstances. The bill allows associations to adopt rules and regulations regarding sunscreens and solar shades.
HB 2430: HOA Registration
This bill would require all community associations to register with the Secretary of State.
HB 2434: Amending Documents
This bill attempts to make it easier for certain communities to amend their CC&Rs. Some CC&Rs have amendment requirements of 80-100% approval, which is very difficult to obtain.
HB 2514: HAM Radios
This bill would reduce an association's ability to restrict the placement of HAM radio antennas.
