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HB22-1387

Common Interest Communities Reserve Funds

Concerning measures to ensure that a common interest community has adequate reserve funds.
Session:
2022 Regular Session
Subject:
Housing
Bill Summary

The bill requires mandatory reserve studies for common interest communities that have major shared components, including common elements or property that the unit owners' association (association) is responsible for maintaining, repairing, or replacing.

The bill:

  • Specifies the level of reserve study required and the necessary components of the reserve study at each level;
  • Requires the declarant to obtain reserve studies commencing with the development of the common interest community and to provide reserve studies to potential purchasers of units in the common interest community in the seller's disclosures; and
  • Requires the declarant to provide a reserve study at the time the declarant turns the common interest community property over to the association, along with reserve funds recommended by the reserve study.

The bill defines "emergent life circumstances" and authorizes an association's executive board to obtain additional funding from unit owners to address dangerous conditions if the reserve funds are not sufficient to address the conditions.

The bill limits the investment of reserve funds in financial instruments that are not insured by a federal agency.

The bill clarifies that certain reserve study requirements in the bill apply to preexisting common interest communities with respect to events and circumstances occurring on or after July 1, 2024.

The bill takes effect July 1, 2024.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Did Not Become Law

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