Bill Number: S.B. 1001
Farnsworth
D Floor Amendment
Reference
to: GOVERNMENT Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Requires
a condominium unit owners' association and planned community association (HOA)
to provide each owner with a semi-annual statement of account at the beginning
and midpoint of the HOA's fiscal year, rather than annual, statement of
account.
2. Allows
HOAs with annual assessments prior to January 1, 2020, to send annual, rather
than semi-annual, statements of account.
3. Requires
HOAs to send a 30-day collection activity notice to an owner by first class
mail, rather than certified or regular mail.
4. Requires
an HOA to provide statements of account and statements of delinquent account
regardless of whether the HOA provides other statements, coupons, notices or
communications that may be sent to an owner.
5. Requires,
rather than allows, an HOA to stop providing statements of delinquent account
once an owner has paid the full balance of all assessments and fees.
6. Requires
an HOA to stop providing statements of delinquent account once an HOA receives
notice that an owner has filed a petition in bankruptcy.
7.
Removes language authorizing an HOA to charge an owner for
the direct cost of providing a statement of account or statement of delinquent
account.
8. Specifies
that an owner must keep a current e-mail address on record with the association
in order to opt to electronically receive statements of account or statements
of delinquent account.
9. Makes
technical and conforming changes.
Page 4, line
12, after the period strike remainder of line
Line 13,
strike "within the United States,"; strike
"certified" insert "first class";
strike the comma
Strike lines
14 and 15, insert ". The"
Line 27,
after "and" strike remainder of line
Line 28,
strike the first "association" insert "notwithstanding other statements, coupons, notices or other
communications that may be sent to a unit owner"
Line 29,
strike "annually. The annual" insert "twice a year, unless the assessment was paid annually before JANUARY
1, 2020, in which case only an annual statement of account is required to be
sent. At the BEGINNING of each association fiscal year and at the midpoint of
each association's fiscal year, the semiannual"
Page 5, line
1, strike "may" insert "shall"
Line 3,
after the second "fees" insert "or during the pendency of a bankruptcy after an association RECEIVES
notice that a unit owner has filed a petition in bankruptcy"
Line 4,
after "person" insert "or
entity"
Line 5,
strike "who" insert "that"
Line 6,
after the period strike remainder of line
Strike lines
7 and 8, insert "If"
Line 9,
strike "annual" insert "semiannual"
Line 10,
after "means" insert ", and
the unit owner keeps a CURRENT email address on record with the association"
Line 12,
strike "annual"
Page
9, line 7, after the period strike remainder of line
Line
8, strike "states,"; strike
"certified" insert "first class";
strike ", return receipt"
Strike lines
9 and 10, insert ". The notice and
may be"
Line 22,
after "and" strike remainder of line
Line 23,
strike the first "association" insert "notwithstanding other statements, coupons, notices or other
communications that may be sent to a member"
Line 24,
strike "annually. The annual" insert "twice a year, unless the assessment was paid annually before JANUARY
1, 2020, in which case only an annual statement of account is required to be
sent. At the BEGINNING of each association fiscal year and at the midpoint of
each association's fiscal year, the semiannual"
Line 29,
strike "may" insert "shall"
Line 31,
after the second "fees" insert "or during the pendency of a bankruptcy after an association RECEIVES
notice that a member has filed a petition in bankruptcy"
Line 32,
strike "who" insert "or
entity that"
Page 10,
line 1, after the period strike remainder of line
Strike lines
2 and 3, insert "if the association"
Line 4,
strike "annual" insert "semiannual"
Line 5,
after "means" insert ", and
the member keeps a current email address on record with the association"
Line 6,
strike "annual"
Amend title to conform