HB2866 : Latest update 04-03-25

The last day for the Senate to hear House bills in Committee was 03-27-25. This bill has been held in Committee in the Senate and will not likely be heard in the Committee. The bill will be monitored until the Legislative session is over at the end of April.

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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)