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SB17-157

Construction Defect Actions Notice Vote Approval

Type Bill
Session 2017 Regular Session
Subjects
Civil Law Housing

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.

Bill Summary:

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.)

Status

Lost

Introduced

Lost

Related Documents & Information

Date Version Documents
02/17/2017 Introduced PDF
Date Version Documents
08/30/2017 FN2 PDF
02/27/2017 FN1 PDF
Activity Vote Documents
Refer Senate Bill 17-157 to the Committee of the Whole. The motion failed on a vote of 2-5. Vote summary
Postpone Senate Bill 17-157 indefinitely using a reversal of the previous roll call. The motion passed on a vote of 5-2. Vote summary
Date Location Action
03/13/2017 Senate Senate Committee on Business, Labor, & Technology Postpone Indefinitely
02/17/2017 Senate Introduced In Senate - Assigned to Business, Labor, & Technology

Sponsor

Co-Sponsor