The proposed bill, if enacted, would amend current statutes regarding the voting requirements for amending homeowners' association declarations in both condominium and planned community contexts. Under current law, amendments to a declaration require a vote from at least 67% of unit owners, or a larger majority as specified in the declaration. The bill would change this requirement to necessitate 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 it clarifies that amendments can be made regardless of any provisions in the declaration or community documents. The voting threshold for amendments would be consistently set at three-fourths of the owners or eligible voters present at a meeting, replacing the previous specification that allowed for varying percentages based on the declaration. These updates are intended to enhance clarity and consistency in the governance of homeowners' associations.
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