SB17-157
Construction Defect Actions Notice Vote Approval
Concerning prerequisites for the authority of a unit owners' association to pursue litigation involving alleged construction defects, and, in connection therewith, imposing notification, disclosure, and voting requirements prior to commencement of an action.
Session:
2017 Regular Session
Subjects:
Bill Summary
Civil Law
Housing
The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must:
- Notify all unit owners; and
- Except when the HOA contracted with the developer or builder for the work complained of or the amount in controversy is less than $100,000, obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.
The bill also limits the amount and type of contact that a developer or builder that is potentially subject to a lawsuit may have with individual unit owners while the HOA is seeking their approval for the lawsuit.
(Note: This summary applies to this bill as introduced.)