The proposed bill, if enacted, would amend existing statutes related to homeowners' associations by introducing new liability provisions for associations that unlawfully enforce their governing documents. Specifically, it would establish that if an association attempts to enforce any provision that is prohibited by law, it would be liable for damages of $1,000 for the first attempt and $2,500 for any subsequent attempts. This liability would apply regardless of whether the enforcement actions are directed at the same or different unit owners or members of the community.

Additionally, the bill would clarify that unit owners and members have the right to seek damages against the association in any court of competent jurisdiction. The current statutes regarding assessments and penalties would remain largely unchanged, except for minor adjustments in the language regarding late payment charges, which would now specify a minimum of $15 or ten percent of the unpaid amount. Overall, the bill aims to enhance protections for homeowners against unlawful enforcement actions by their associations.

Statutes affected:
Introduced Version: 33-1242, 33-1803, 33-1252, 33-1212, 32-2199.01
House Engrossed Version: 33-1242, 33-1803, 33-1252, 33-1212, 32-2199.01