HB 26-1099

House Bill 26-1099, which has been signed into law, aims to protect homeowners in planned communities and condominiums by requiring developers (called declarants) to get an independent financial assessment before handing over control of the community to a homeowner association. This study helps predict future maintenance costs for shared areas over 30 years. Additionally, if management companies change, the old company must hand over all important documents and money to the new company or directly to the association without charging any fees; otherwise, they face penalties including fines and legal action. This law affects homeowners in planned communities and condominiums by ensuring better financial planning and smoother transitions when management changes.

Official Summary

The act requires the declarant of a new planned community or condominium, prior to transfer of control from the declarant to the association of a planned community or condominium, to obtain and pay for a reserve study for the planned community or condominium. The study must estimate the projected costs of maintaining, repairing, or replacing the common elements or property of the planned community or condominium over a 30-year period. The reserve study must be conducted by an independent reserve study professional or other qualified professional with knowledge of industry standards and that has no business relationship with or financial interest in the declarant and is not a affiliate of the declarant.     When an association, other than a self-managed association, changes association management companies, the former association management company shall, within 45 days, deliver to the new association management company or the association, at no charge to the association, all association property, records, money, accounts, information, and other items or information specified in the act (property and records).     Unless otherwise agreed in writing, the former association management company shall pay the association $250 for each business day that it fails to timely return the association's property and records and is liable for all interest and late fees on late payments made by the association due to the former association management company's failure to turn over the property and records, as well as any other damages incurred by the association. In a civil action to recover the property and records or the payments owed to the association for the former association management company's failure to turn over the property and records, if the court finds that the former association management company's violation was willful, the former association management company shall be liable for treble the association's actual damages, plus reasonable attorney fees and court costs.(Note: This summary applies to this bill as enacted.)

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