HB 1115 IN Became Law
Homeowners association governance.
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Summary
Amends the statute governing residential real estate sales disclosures to provide that in the case of a resale or refinance of property covered by the governing documents of a homeowners association (HOA), an HOA or an agent of the HOA providing a statement of unpaid assessments or other charges relating to a property may not charge more than $50 for the statement. (HEA 1152-2026 prohibits an HOA from charging a fee for the statement.) Provides that an HOA member is considered to be in attendance at a meeting of the HOA if the member attends by remote or virtual means in accordance with the statutory procedures for remote meetings of nonprofit corporations. Requires the board of an HOA to provide to HOA members at least four days advance written notice of any meeting of the board. Provides that the meeting notice must include: (1) a meeting agenda; and (2) in the case of a notice for an annual meeting, a statement of the right of HOA members to demand a special meeting of the members, including a statement of the required number of members needed to demand a special meeting. Amends the provision in HEA 1152-2026 that prohibits an HOA, an agent of an HOA, or an HOA management company from charging a homeowner a fee associated with any service provided by the HOA to specify that such services include services that are included in the homeowner's association assessment but do not include any optional service that is offered to a homeowner in connection with the homeowner's individual lot in the subdivision and that the homeowner opts to receive. Provides that a schedule of any optional services offered must be approved by the board and distributed to HOA members on at least an annual basis and whenever there is a change in the fees for any of the offered services. Prohibits an HOA, an agent of an HOA, or an HOA management company from charging a homeowner a fee associated with the production of a statement of account setting forth the amount of any unpaid assessments or other charges due and owing from the homeowner. Requires an HOA or its agent to maintain an account statement for a homeowner and provide the statement to the homeowner upon request. Provides that the governing documents of an HOA may not require that the consent of more than 2/3 of the owners be required to amend the HOA's governing documents. Provides that an HOA's governing documents may not require the consent of more than 2/3 of first lien mortgage holders in order to amend the governing documents. Removes the provision in current law that provides that the governing documents may require the approval of at least 95% of the owners to convey common areas or to dissolve the plan of governance for the HOA. Authorizes an HOA to assess a fine for a member's violation of a covenant if the HOA first: (1) adopts a schedule of fines for specified violations; and (2) provides to the member a notice setting forth the violation, the amount of the fine, and the date on which the fine will be assessed. Requires a schedule of fines to include a maximum aggregate fine amount for any single violation.
Sponsors (3)
- Julie Olthoff Republican · author
- Spencer Deery Republican · sponsor
- Dan Dernulc Republican · sponsor
3 coauthors / cosponsors
- Ethan Lawson Republican · coauthor
- Mike Andrade Democratic · coauthor
- Garrett Bascom Republican · coauthor
Action history (31)
- Jan 5, 2026 Coauthored by Representatives Lawson, Andrade · lower
- Jan 5, 2026 Authored by Representative Olthoff · lower
- Jan 5, 2026 First reading: referred to Committee on Judiciary · lower
- Jan 22, 2026 Committee report: amend do pass, adopted · lower
- Jan 22, 2026 Representative Bascom added as coauthor · lower
- Jan 27, 2026 Second reading: ordered engrossed · lower
- Jan 28, 2026 Third reading: passed; Roll Call 144: yeas 90, nays 2 · lower
- Jan 28, 2026 Senate sponsors: Senators Deery, Dernulc · lower
- Jan 29, 2026 Referred to the Senate · lower
- Feb 2, 2026 First reading: referred to Committee on Judiciary · upper
- Feb 19, 2026 Committee report: amend do pass, adopted · upper
- Feb 23, 2026 Amendment #5 (Ford J.D.) failed; voice vote · upper
- Feb 23, 2026 Second reading: amended, ordered engrossed · upper
- Feb 23, 2026 Amendment #4 (Deery) prevailed; voice vote · upper
- Feb 24, 2026 Returned to the House with amendments · upper
- Feb 24, 2026 House dissented from Senate amendments · lower
- Feb 24, 2026 Third reading: passed; Roll Call 234: yeas 40, nays 8 · upper
- Feb 24, 2026 Motion to dissent filed · lower
- Feb 25, 2026 Senate advisors appointed: Dernulc, Ford J.D. · upper
- Feb 25, 2026 Senate conferees appointed: Deery, Randolph Lonnie M · upper
- Feb 25, 2026 House conferees appointed: Olthoff, Andrade · lower
- Feb 25, 2026 House advisors appointed: Lawson, Bascom, Bauer, Garcia Wilburn · lower
- Mar 3, 2026 Signed by the Speaker · lower
- Mar 12, 2026 Signed by the Governor · executive
- Mar 5, 2026 Signed by the President Pro Tempore · upper
- Mar 12, 2026 Public Law 155 · lower
- Feb 27, 2026 CCR # 1 filed in the House · lower
- Feb 27, 2026 CCR # 1 filed in the Senate · upper
- Feb 27, 2026 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 423: yeas 92, nays 2 · lower
- Feb 27, 2026 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 331: yeas 37, nays 10 · upper
- Mar 2, 2026 Signed by the President of the Senate · upper
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