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Legislative Year: 2022 Change

Bill Detail: HB22-1040

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Title Home Owners' Reasonable Access To Common Areas
Status Governor Signed (04/12/2022)
Bill Subjects
  • Housing
House Sponsors E. Hooton (D)
Senate Sponsors
House Committee Business Affairs and Labor
Senate Committee Local Government
Date Introduced 01/12/2022

Current law states that, with certain exceptions, a unit owners'
association (association) of a common interest community (community)
may regulate the use of common elements of the community (common
elements). The bill states that, in regulating the use of common elements,
an association shall preserve and protect unit owners' and their guests'

ability to use and enjoy common elements and shall not unreasonably
restrict or prohibit unit owners' and their guests' access to, or enjoyment
of, any common element. During maintenance, repair, replacement, or
modification of a common element, an association may restrict or prohibit
unit owners' and their guests' access to, and enjoyment of, a common
element only to the extent and for the length of time necessary to:
  • Protect the safety of any individuals, including unit owners,
their guests, and individuals performing the maintenance,
repair, replacement, or modification of the common
element; or
  • Preserve the structural integrity or condition of a repair,
replacement, or modification.
If an association must restrict or prohibit unit owners' access to one
or more common elements for more than 24 hours, the association shall
provide an electronic or written notice to each unit owner and post a
visible, clearly legible notice at each physical access point to the common
element, which notice includes:
  • A simple explanation of the reason for the restriction or
  • An indication of the estimated time or date upon which the
restriction or prohibition will no longer exist; and
  • A telephone number or e-mail address whereby a unit
owner may pose questions or concerns about the restriction
or prohibition for the consideration of the association.

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