During the webinar, Zach Passmore reviewed pending legislation that would alter homeowners association authority and member protections if enacted.
Bills summarized by Passmore include (speaker's summaries as presented):
- House Bill H3090 (described as adopting revised uniform unincorporated nonprofit association rules): would treat nonprofit associations as legal entities with certain powers and some liability limitations.
- House Bill H3180: would prohibit an HOA from foreclosing on property to collect unpaid dues, fees or fines (referred to the House Committee on Labor, Commerce and Industry).
- House Bill H3259: would require HOAs to send annual operating budgets and operating expenses to homeowners and submit them to the Department of Consumer Affairs (referred to the House Committee on Labor, Commerce and Industry).
- House Bill H3568: would require 48-hour notice for special meetings before spending funds outside an approved budget.
- House Bill H3775: would limit HOAs' ability to restrict homeowners from flying the American flag on a flagpole (referred to judiciary committee in summary).
- Senate Bill S118: would require HOAs to provide a statement of unpaid assessments or other charges upon request.
- Senate Bill S421: would prohibit HOAs from banning peaceful assembly, organizing or canvassing.
- Senate Bill S422: would prevent HOAs from prohibiting the installation of solar panels that cannot be seen from the street or common areas.
Passmore reiterated these items are pending bills, not enacted law, and said, "I'll say one more time that these are all bills, and are not yet, enforceable law." He encouraged attendees to track bill status at the state legislature's website.
Why it matters: if enacted, these bills would change what HOAs can do in areas such as foreclosure power, disclosure and budget transparency, political expression, and solar installations. House and Senate committee referrals were noted by the presenter but no hearings or votes were described in the webinar.