The Legislature passed three condominium-related bills during its 2013 Regular Session that ended at midnight on June 5th (PA 13-156, sHB 6662; HB 6477; and HB 6513) As of now only one of the three has been given a public act number and they await the governor’s signature.
PA 13-156 expands the priority lien associations have when lenders foreclose on mortgages they hold on individual units from 6 to 9 months The bill specifies that this priority lien does not include any late fees, interest, or fines that the association assesses during that 9-month period. Also, the bill requires Associations to give first and second mortgage holders at least 60 days prior written notice before beginning a foreclosure action against a unit in order for the priority lien to include costs and attorney fees.
HB 6477 authorizes the Real Estate Commission to discipline a community association manager for a knowing and material violation of the condominium laws; expands unit owner’s rights to receive agendas before board meetings; establishes certain safeguards when associations provide unit owners with proxy voting forms; explicitly requires that associations keep detailed records of receipts and expenditures relating to any reserve accounts; and provides immunity from criminal liability for an alleged violation of the Fire Safety Code, the State Building Code or a municipal health, housing or safety code under certain limited circumstances.
HB 6513 changes requirements under the Common Interest Ownership Act (CIOA) for approval of annual budgets and special assessments for common interest communities and master associations exercising the powers on behalf of one or more common interest communities or for the benefit of the unit owners of one or more such communities, that have at least 2,400 residential units and were established before July 3, 1991 (It appears that only Heritage Village qualifies under this bill.)