This bill amends provisions relating to homeowners' associations.
This bill:
- defines terms;
- requires that the Office of the Homeowners' Association Ombudsman (office) make public each advisory opinion the office issues;
- requires that the office publish educational materials on the office's website;
- provides that an action by an attorney employed by the office does not create an attorney-client relationship;
- provides that the filing fee a person pays for an advisory opinion from the office is nonrefundable;
- provides that a homeowners' association may not require a person to engage in binding arbitration before obtaining an advisory opinion from the office;
- provides the requirements for the contents of a request for an advisory opinion;
- amends the amount of the civil penalty a court may issue after qualifying conditions are met;
- repeals the requirement that the parties to an advisory opinion split the cost of the advisory opinion;
- provides that an administrative setup fee may not exceed $200;
- establishes the conditions under which Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act, applies;
- requires that an association of unit owners prepare and adopt an annual budget for the association;
- amends provisions relating to the applicability of Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act;
- removes the requirement that a board member and president of an association provide a physical address to the Department of Commerce for registration;
- provides that certain documents are considered property of an association;
- provides that if a person maintains a document considered property of an association, the person shall provide the document to the association upon request;
- provides that a declarant may sell a part of the common areas during the period of administrative control to certain persons; and
- makes technical changes.

Statutes affected:
Introduced: 13-79-103, 13-79-104, 57-1-46, 57-8-2, 57-8-3, 57-8-6.1, 57-8-10, 57-8-13.1, 57-8-16.5, 57-8-17, 57-8-32