HB2866 : Latest update 05-10-25

This bill is still stalled in the Senate Committee. The Legislature is in recess until 05-19 for the House and 05-28 for the Senate. At that time the Legislature will come back to finalize the Budget. We will still monitor this bill, but it is highly unlikely that at this point, it will be heard and it is not on the Senate calendar.

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Overview

Prescribes liability damages for associations that attempt to enforce provisions of their governing documents that are prohibited by law.

Provisions

1.   Stipulates an association that attempts to enforce any provision of their governing documents that is prohibited by law is liable for the following damages:

a)   for a first attempt to enforce, $1,000;

b)   for a second and additional attempts to enforce, $2,500

2.   Specifies the association's liability accrues based on the number of attempts to enforce without regard to whether enforcement is attempted against the same or different unit owners of the condominium, or members of the planned community. (Sec. 1,2)

3.   Asserts a unit owner, or member, has recourse for damages against the association in any court of competent jurisdiction. (Sec. 1, 2)

Passed House  3/3/25        33-Y              25-N              2-NV

Assigned to Senate Regulator Affairs Committee

(This legislation is not supported by the SCOV Board of Directors, SCOV Management and the Community Associations Institute CAI)