As we anticipated at the end of the 2015 legislative session, several bills were primed to be reintroduced this year relating to Homeowners Associations. Last week, Representatives Ryden, Lontine, Pettersen, Primavera, and Williams introduced HB 16-1217 which is very similar to HB 15-1376, introduced last year. HB 16-1217 requires the implementation of several recommendations contained in the Director of the Division of Real Estate’s report concerning the operation of Common Interest Communities. As drafted this bill will:
- Replace the per-HOA fee paid by HOAs to fund the HOA Information and Resource Center with an alternative formula to calculate registration fees, which formula may include a per-unit fee to be calculated by the Director of the Division of Real Estate (“Director”);
- Require the HOA Information Officer, who is the head of the HOA Information and Resource Center, to develop, maintain, and publish a statewide election monitoring referral list consisting of independent contractors who can monitor HOA elections. Election monitors must report annually to the Division of Real Estate:
- the number of requests to monitor an HOA election he or she receives per year;
- the number of elections monitored;
- which report shall include the type and size of the community.
- Require the HOA Information Officer to develop, maintain, and publish a statewide referral list containing the names and contact information for independent contractors who provide mediation or arbitration services on HOA matters. Each mediator or arbitrator included on the referral list must report annually to the Division of Real Estate:
- the number of requests received to mediate or arbitrate in the previous year;
- the number of HOA-related mediation or arbitration cases he or she opened;
- the number of HOA-related mediation and arbitration cases closed by the mediator or arbitrator; and
- the types of HOA-related issues he or she mediated or arbitrated which report shall include the size and type of community.
This bill was cosponsored by Senator Carroll in the Senate and was assigned to the House Committee on State, Veterans and Military Affairs. Stay tuned for updates as these bills move through the legislative process.