If HB2095 were to become law, it would amend the current statutes regarding the voting requirements for amending homeowners' association declarations for both nonbranded and branded communities. Under the proposed changes, the current requirement for amendments to be approved by at least 67% of unit owners would be replaced with a requirement for an affirmative vote or written consent from at least three-fourths of the unit owners present at a meeting where a quorum is established. This change aims to streamline the amendment process and ensure broader participation in decision-making.
Additionally, the bill introduces definitions for "unbranded community" and "branded community" and makes technical adjustments to the existing language. It clarifies that notwithstanding any provisions in the declaration, amendments can be made by the association or property owners with the same three-fourths majority requirement. The bill also maintains the stipulation that the declaration may specify a smaller percentage for amendments only if all units are restricted to nonresidential use, ensuring that the foundational principles of the current law remain intact while updating the voting thresholds for amendments.
Statutes affected:
Introduced Version: 33-1227, 33-1817, 33-1220, 33-1206, 33-1216, 33-1218, 33-1222, 33-1223, 33-1228, 33-1243, 33-1211