Hoa Senate Bills

Started by GeneG3 • 3 replies • 233 views

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GeneG3 (Arizona)
Posts: 29

Posted:

When Senate Bills are passed that affect the standing dnr’s or Ccr’s verbiage, is it the boards responsibility to update and/or amend them in accordance with those changes?

MichaelT21 (Arkansas)
Posts: 200

Posted:

No, when state legislation is passed and overrides CC&Rs, it's automatic and there is no reason to modify the CC&Rs to match the new language.

SheliaH (Indiana)
Posts: 6,964

Posted:

You may also need to check if this applies to all HOAs or those that were enacted after a certain date - read the bill to see what it says (may be in the beginning or end). Of course, you know this is just a bill, and so you'll also need to consider if the House (I assume this a state legislature) had heard it yet, or it's going to conference committee to settle whatever differences were in the Senate bills vs the House bill, and most importantly, did the governor sign this making it into law yet?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CathyA3 (Ohio)
Posts: 6,299

Posted:

Because amending CC&Rs costs money, many boards choose to hold off on updating their CC&Rs until there are a number of changes that can be handled at once. As long as the board is aware of the change in state law and follows the new provisions, they don't have to drop everything and amend the CC&Rs. The downside of this is that the out-of-date information may confuse owners, buyers, and others - so depending on the nature of the changes, it may make more sense to bite the bullet and amend their CC&Rs sooner rather than later.

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