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Legislative Year: 2020 Change

Bill Detail: HB20-1333

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Title Homeowners' Association Transparency Responsibility Competency
Status House Committee on Transportation & Local Government Postpone Indefinitely (05/27/2020)
Bill Subjects
  • Housing
House Sponsors B. Titone (D)
Senate Sponsors
House Committee Transportation and Local Government
Senate Committee
Date Introduced 02/25/2020

The bill increases requirements for disclosure and transparency in
the operations of unit owners' associations (HOAs) in common interest
communities, including:
  • Posting on an internet website the community's governing
documents, and any amendments to those documents, in

addition to recording them in the county land record, as
required by current law (section 1 of the bill);
  • Supplying the same governing documents, as well as a list
of the HOA's current fees chargeable upon sale of a home
in the community, to the HOA information and resource
center for posting on the center's own website (sections 1
and 11
  • Posting on an internet website, with the web address
communicated annually to all unit owners, the contact
information for the HOA and its management company, if
any, as well as other information currently required to be
disclosed (section 2);
  • Allowing unit owners to record any portion of an open
meeting and to invite a professional election inspector to
observe executive board elections (sections 6 and 7);
  • Prohibiting any action to be taken at an open meeting by
written or secret ballot unless at least 20% of the unit
owners in attendance so request (section 7); and
  • If access to association records required to be provided
within 30 calendar days after a request was submitted by
certified mail is withheld beyond that period, penalizing the
HOA $50 per day for not providing them (section 9).
The bill also requires members of an HOA's executive board to
complete a free, online basic training course offered or approved by the
HOA information and resource center (sections 4 and 11); requires the
board to commission a reserve study at least every 5 years and, at least
annually, to adjust the HOA's finances accordingly (sections 3 and 5);
eliminates the option to forgo annual audits but allows audits to be
informal unless otherwise required by the bylaws or a majority vote
(section 5); and requires all new contracts for goods or services over a
specific dollar amount to be awarded based on a competitive bid process
involving at least 3 bids (section 8).
Under current law, the developer of a subdivision (declarant) is not
required to transfer control of the HOA to board members representing
the owners of units in the subdivision until specified percentages of the
units are sold to initial purchasers. Section 5 places limits on the amount
of time that may pass before the declarant must turn over control of the
HOA to unit owners, regardless of the percentage of units that remain
Upon the sale of a unit, current law requires disclosure to the buyer
of certain HOA documents. Section 10 requires the seller to certify that
the documents are correct and complete, and gives the buyer the right to
sue for damages if they are not.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (07/22/2020) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
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