Bill Status of HB4489 99th General Assembly
Short Description: CONDO ACT-RIGHT TO FAIRNESS
Rep. Scott Drury
| 1/10/2017||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Condominium Property Act. Contains a statement of public policy. Provides that a unit owner may bring a legal action against the association or its board of managers to enforce individual or common interest community rights without being required to sue other homeowners or otherwise name them as defendants. Provides that any costs associated with providing notice to unit owners shall be paid by the association and shall not be assessed against the unit owner bringing the action. Provides that any provision of any condominium instrument or any rule or regulation seeking to limit a unit owner's right to commence litigation against an association or its board of managers or to limit the liability of an association or its board of managers for a breach of duty is void as against public policy and shall not be given effect. Provides that a unit owner's compliance with an association's demand does not waive the unit owner's right or ability to challenge the demand in a later commenced legal action. Provides that in certain types of litigation, the court shall award reasonable attorney's fees and costs to the prevailing party. Provides that a court may reduce the award of fees or award no fees to an association: (i) if the court finds that the legal action benefitted the association by clarifying the duties of the association; or (ii) based on other equitable considerations. Provides that the association is barred from recovering any attorney's fees and costs in a claim brought under the Forcible Entry and Detainer Article of the Code of Civil Procedure if the unit owner prevails based on a breach of duty by the association or any member of its board of managers. Provides that in litigation, the association shall represent the best interests of all unit owners and the association without regard to the wishes of the board of managers. Provides that the association may not be represented in litigation by counsel who also represents the association's board of managers either individually or collectively.