1.1.................... moves to amend S.F. No. 1750, the second unofficial engrossment, as
1.2follows:
1.3Page 13, line 32, after the period, insert "
Notice may be provided in any reasonable
1.4manner."
1.5Page 15, line 5, delete "
the board proposes, and the association's members approve" and
1.6insert "
, at a board meeting" and after "
amount" insert "
is approved by owners of units to
1.7which a majority of the votes in the association are allocated,"
1.8Page 15, line 6, delete "
at an annual meeting,"
1.9Page 15, line 9, delete "
a resident's" and insert "
the" and before the semicolon, insert
1.10"
of a resident, occupant, or guest"
1.11Page 15, line 14, before the comma, insert "
pursuant to section 515B.3-115(g) or
1.12515B.3-1151(g)"
1.13Page 15, line 15, after "
it" insert a comma
1.14Page 15, line 17, after the period, insert "
The unit owner has the right to be advised by
1.15an attorney or a designated representative at the hearing."
1.16Page 15, line 19, after "
a" insert "
final"
1.17Page 15, line 20, after "
provide" insert "
, in any reasonable manner,"
1.18Page 15, line 21, after the first "
the" insert "
final resolution within 30 days of its adoption.
1.19The" and delete "
, which" and delete "
the rationale" and insert "
an explanation" and delete
1.20the comma
1.21Page 15, line 22, delete "
within 30 days of adoption"
1.22Page 15, line 24, delete "
adopt a schedule" and insert "
provide a list"
1.23Page 15, line 25, before "
violations" insert "
common" and delete "
must provide"
2.1Page 15, line 26, delete "
. The association must provide the schedule and description"
2.2Page 15, line 28, delete "
a unit owner purchases a unit or"
2.3Page 15, line 29, delete "
when"
2.4Page 17, line 1, strike "assistance" and insert "
advice"
2.5Page 18, delete lines 3 to 7 and insert:
2.6"
(g) An association may not refuse to accept payment from an owner of any amount for
2.7any assessment, fine, or fee, except if the association has commenced a foreclosure
under
2.8chapter 580 or 581. Acceptance of a payment does not constitute a waiver of any claim
or
2.9defense the association may assert. Nothing in this paragraph affects the unit owner's
right
2.10to reinstate under section 580.30.
2.11(h) A payment by a unit owner must be applied to assessments for common expenses
2.12and special assessments first before it is applied to fines, fees, or other assessments,
except
2.13that the payment can be applied:
2.14(1) in a different manner upon the agreement of the unit owner and the association;
or
2.15(2) by the association to fines that remain unpaid for more than 120 days if the fine
is
2.16for a violation that:
2.17(i) has a serious and immediate impact on the health or safety of a resident, occupant,
2.18or guest;
2.19(ii) causes physical damage to another unit or a common element; or
2.20(iii) involves using the property for financial enrichment, including renting or offering
2.21for rent a unit in violation of the declaration, bylaws, or a rule or regulation prohibiting
2.22short-term or long-term rentals, as provided under subsection (a)(11).
2.23An association must consider offering a reasonable payment plan for a delinquency."
2.24Page 18, line 8, delete "
(h)" and insert "
(i)"
2.25Page 20, line 18, delete the new language
2.26Page 20, delete lines 19 to 22
2.27Page 20, line 24, after the period, insert "
Elections of directors must occur regularly, as
2.28provided in section 515B.3-108. Each term of a director must not exceed three years,
provided
2.29there is no limit on the number of terms a director may serve. The terms of directors
must
2.30be staggered, unless the duration of the terms is one year or less. If filling a vacancy
on the
3.1board of directors, the director will serve the remainder of the term vacated until
a new
3.2election is held at the end of the term as provided in section 515B.3-108."
3.3Page 21, line 6, after the period, insert "
The requirement to make documents available
3.4to unit owners does not apply to documents related to items discussed at a closed
meeting
3.5of the board."
3.6Page 21, line 11, before "
At" insert "
Before any action is taken on an agenda item" and
3.7delete "
before"
3.8Page 21, line 12, delete everything before the comma
3.9Page 21, line 20, delete everything after "
statement"
3.10Page 21, line 21 delete everything before the period
3.11Page 22, line 15, delete "
or property manager"
3.12Page 23, line 12, after "
process" insert "
, including the criteria used,"
3.13Page 23, line 13, delete "
. The records must be made available for inspection for a period
3.14of" and insert "
for the last" and before the period, insert "
, and make those records available
3.15to unit owners at cost or as otherwise provided in section 515B.3-118" and delete everything
3.16after the period
3.17Page 23, delete lines 14 to 21
3.18Page 23, line 26, delete everything after the period and insert "
An association may decline
3.19to renew an automatically renewing contract for another term, provided the association
3.20gives written notice to the other party no less than three months before the date
the contract
3.21will automatically renew."
3.22Page 23, delete lines 27 to 29
3.23Page 26, line 26, delete "
vehicle's length" and insert "
vehicle, when parked," and after
3.24"
property" insert "
, fully or partially block access to a pedestrian walkway,"
3.25Page 26, line 27, delete "
or" and insert "
, driveways, parking spaces," and before the
3.26period, insert "
, or limited common elements"
3.27Page 27, line 26, after the period, insert "
The association shall make available in any
3.28reasonable manner a copy of the proposed budget prior to the meeting at which the
budget
3.29is scheduled to be discussed and approved."
3.30Page 28, line 33, delete everything before the period
3.31Page 29, line 1, delete "
A" and insert "
The"
4.1Page 29, line 5, after "
(2)" insert "
a law firm, engaged by the board to foreclose an
4.2association's lien for assessments, to send" and delete "
be sent"
4.3Page 29, line 6, delete "
when a law firm has been hired to foreclose an association's"
4.4Page 29, line 7, delete everything before the period
4.5Page 31, line 25, after the period, insert "
The association shall make available, in any
4.6reasonable manner, a copy of the proposed budget prior to the meeting at which the
budget
4.7is scheduled to be discussed and approved."
4.8Page 33, line 9, delete everything before the period
4.9Page 33, line 10, delete "
A" and insert "
The"
4.10Page 33, line 14, after "
(2)" insert "
a law firm, engaged by the board to foreclose an
4.11association's lien for assessments, to send"
4.12Page 33, line 15, delete "
when a law firm has been hired to foreclose an association's"
4.13and insert a period
4.14Page 33, delete line 16
4.15Page 35, line 6, delete "
(c)" and insert "
(a), clause (11)"
4.16Page 37, delete lines 20 to 22 and insert:
4.17"
(c) Notice under this section is not required to be given before referring a matter
to the
4.18association's legal counsel if:
4.19(1) the matter involves pending or threatened litigation;
4.20(2) the unit owner has retained legal counsel and the association is responding to
the
4.21owner's attorney; or
4.22(3) immediate legal action is necessary to preserve the legal rights of the association
or
4.23to prevent immediate harm to persons or property."
4.24Page 43, line 26, delete "
and"
4.25Page 43, line 27, delete "
schedules of" and insert "
list of common"
4.26Page 43, line 29, delete the period and insert "
; and"
4.27Page 43, after line 29, insert:
4.28"
(25) a statement providing the following information:
5.1(i) purchasing a unit in the common interest community will impact property rights
and
5.2may impose certain obligations as a unit owner;
5.3(ii) governing documents for a common interest community dictate how decisions will
5.4be made related to the property, including financial decisions, maintenance decisions,
and
5.5restrictions on the use of the property, which may include, but not be limited to,
restrictions
5.6on parking, appearance, noise, smoking, pets, and rental of your unit;
5.7(iii) governing documents may also be modified or changed at any time with the
5.8appropriate approval and any modifications or amendments will apply to existing unit
5.9owners; and
5.10(iv) it is advisable to consult with an attorney before purchasing a unit."
5.11Page 44, line 18, delete "
schedules of" and insert "
list of common"
5.12Page 49, after line 32, insert:
5.13"
(f) A purchaser should be aware of the following information:
5.14(1) purchasing a unit in the common interest community will impact property rights
and
5.15may impose certain obligations as a unit owner;
5.16(2) governing documents for a common interest community dictate how decisions will
5.17be made related to the property, including financial decisions, maintenance decisions,
and
5.18restrictions on the use of the property, which may include, but not be limited to,
restrictions
5.19on parking, appearance, noise, smoking, pets, and rental of your unit;
5.20(3) governing documents may also be modified or changed at any time with the
5.21appropriate approval and any modifications or amendments will apply to existing unit
5.22owners; and
5.23(4) it is advisable to consult with an attorney before purchasing a unit."
5.24Page 51, line 26, after "
2027" insert "
, for all common interest communities created on
5.25or after that date"
5.26Page 51, line 29, delete everything after the period
5.27Page 51, delete line 30
5.28Page 52, delete lines 1 to 6