The proposed bill, if enacted, would amend existing statutes related to homeowner associations by introducing specific liability provisions for associations that unlawfully enforce their governing documents. Under the new language, 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, allowing affected individuals to seek damages in court.

Additionally, the bill would clarify that the association's liability for unlawful enforcement actions accrues based on the number of attempts made, thereby establishing a clear framework for accountability. The bill also retains existing provisions regarding assessments and penalties, while updating the language to ensure consistency in the monetary amounts specified for late payments and penalties, changing the previous wording to a more straightforward format. Overall, these changes aim 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