This bill amends provisions relating to homeowners' associations.
This bill:
- defines terms;
- establishes the Office of the Homeowners' Association Ombudsman;
- establishes the duties, jurisdiction, and functions of the Office of the Homeowners' Association Ombudsman;
- requires that Office of the Homeowners' Association Ombudsman issue an advisory opinion under certain circumstances;
- provides the circumstances under which an advisory opinion of the Office of the Homeowners' Association Ombudsman is admissible in a subsequent proceeding;
- makes void and unenforceable a homeowners' association transfer fee under certain conditions;
- provides the requirements that a homeowners' association shall meet before imposing a fee or charge;
- establishes requirements for a homeowners' association to impose a reinvestment fee;
- requires that a homeowners' association notify an owner in writing of a denied unit or lot plan;
- restricts a homeowners' association from making certain rules;
- authorizes the Department of Commerce to set and impose an annual registration fee on a homeowners' association;
- requires a homeowners' association to renew the homeowners' association's registration with the Department of Commerce annually;
- sets limits on the amount a homeowners' association may charge as a late fee;
- requires that a homeowners' association provide, upon request, certain documents;
- increases the monetary amount a homeowners' association may charge an owner when producing certain documents;
- prohibits a declarant from selling a part of a common area during the period of administrative control under certain circumstances;
- provides new requirements to amend a homeowners' association's governing documents;
- prohibits a declarant from using association funds in a legal action brought by a homeowner against the declarant before the end of the period of administrative control;
- prohibits a homeowners' association from restricting, denying, or delaying a plan due to the plan's inclusion of a fire-resistant material in an area with a heightened risk of wildfire;
- prohibits a homeowners' association from charging any costs associated with the electronic transmission of certain documents;
- increases the monetary amount an owner may request from a homeowners' association if the homeowners' association fails to make documents available to the owner under certain conditions;
- amends the conditions for the termination of a period of administrative control for an association of lot owners;
- provides requirements for a declarant of an association of lot owners during the period of administrative control; and
- provides a repeal date for the Office of the Homeowners' Association Ombudsman and requires legislative review before the repeal.

Statutes affected:
Introduced: 57-1-46, 57-8-8.1, 57-8-17, 57-8-32, 57-8-39
Substitute #1: 57-1-46, 57-8-8.1, 57-8-17, 57-8-32, 57-8-39
Substitute #2: 57-1-46, 57-8-8.1, 57-8-13.1, 57-8-17, 57-8-32, 57-8-39
Substitute #3: 57-1-46, 57-8-8.1, 57-8-13.1, 57-8-17, 57-8-32, 57-8-39, 63I-1-213
Substitute #4: 57-1-46, 57-8-8.1, 57-8-13.1, 57-8-17, 57-8-32, 57-8-39, 63I-1-213
Enrolled: 57-1-46, 57-8-6.7, 57-8-8.1, 57-8-13.1, 57-8-17, 57-8-32, 57-8-39, 57-8-58, 63I-1-213
Substitute #5: 57-1-46, 57-8-6.7, 57-8-8.1, 57-8-13.1, 57-8-17, 57-8-32, 57-8-39, 57-8-58, 63I-1-213