Authors: Representative Woody Burton
Co-authors: Representative Harold Slager, Representative Randy Truitt, Representative Charles Moseley
Sponsors: Senator James Buck, Senator James Merritt
Co-Sponsors: Senator Lonnie Randolph
Requires the seller of a property that is subject to a homeowners association to make certain disclosures to the purchaser. Requires that a condominium declaration contain provisions allowing the co-owners to amend the declaration. Provides that the percentage of the votes required to amend a condominium's bylaws may not exceed 75%. Requires that the minutes of a condominium board's meetings be made available to a co-owner of the condominium for inspection upon request. Makes a provision under which a condominium's common areas can be conveyed or encumbered only with the votes of at least 95% of the condominium unit apply to all condominiums, not merely to one condominium located on a certain lake in a certain township. Establishes a procedure for the resolution of grievances involving a condominium through negotiation, mediation, or arbitration, and requires that an attempt be made to resolve a claim through this procedure before legal proceedings can begin. Requires the inclusion of grievance resolution provisions in the condominium instruments of a condominium. Requires a homeowners association or a member of the board to retain for at least two years after receipt, and during that period to make available to a member of the homeowners association at the member's request, any written or electronic communication received by the homeowners association or board member that relates to a financial transaction of the homeowners association and that is not otherwise excepted from disclosure under law. Requires that the minutes of a homeowners association board's meetings be made available to a member of the homeowners association upon request. Provides that if a homeowners association initiates communication with any member about another member's lot, the association must give a copy of the communication to the member whose lot is the subject of the communication. Requires that the governing documents of a homeowners association contain provisions allowing the homeowners to amend the governing documents. Provides that the percentage of the votes required to amend the governing documents may not exceed 75%. Provides that certain requirements must be met in order for a proxy to be used at a homeowners association meeting. Authorizes the attorney general to bring an action against the board of a homeowners association or a member for: (1) misappropriation of the association's funds; (2) use of the board member's position to commit fraud or a criminal act; (3) the illegal exercise of a proxy; or (4) a violation concerning the association budget or the availability of records to members. Authorizes the court to impose a civil penalty of no more than $500 in certain cases. Establishes a procedure for the resolution of grievances involving a homeowners association through negotiation, mediation, or arbitration, and requires that an attempt be made to resolve a claim through this procedure before legal proceedings can begin. Requires the inclusion of grievance resolution provisions in a homeowners association's governing documents.