SB 1659 — homeowners' associations; rulemaking

Bill Text

• Introduced Introduced Version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the powers of unit owners' associations regarding rulemaking and enforcement to enhance protection for unit owners and ensure reasonable discretion in governance.

• Section 33-1242

  18. 17. Exercise any other powers necessary and proper for the governance and operation of the association. → 18. Exercise any other powers necessary and proper for the governance and operation of the association.

  Clarifies the numbering of powers in the association's governance.

• Section 33-1242

  B. NOTWITHSTANDING ANY PROVISION OF THE CONDOMINIUM DOCUMENTS TO THE CONTRARY, THE ASSOCIATION SHALL ENFORCE THE SPECIFIC COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION WITH REASONABLE DISCRETION AS NECESSARY TO PROTECT PROPERTY VALUES IN THE COMMUNITY. → B. NOTWITHSTANDING ANY PROVISION OF THE CONDOMINIUM DOCUMENTS TO THE CONTRARY, THE ASSOCIATION SHALL ENFORCE THE SPECIFIC COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION WITH REASONABLE DISCRETION AS NECESSARY TO PROTECT PROPERTY VALUES IN THE COMMUNITY. THE ASSOCIATION SHALL REASONABLY PROVIDE FOR THE PROTECTION, PRESERVATION AND UPKEEP OF THE COMMON ELEMENTS, TO PROVIDE FOR AND PROMOTE SAFETY IN THE USE OF THE COMMON ELEMENTS AND TO MANAGE THE AVAILABILITY OF THE COMMON ELEMENTS.

  Expands the association's obligations to include management of common elements and safety promotion.

• Section 33-1242

  12. Impose charges for late payment of assessments after the association has provided notice that the assessment is overdue or provided notice that the assessment is considered overdue after a certain date and, after notice and an opportunity to be heard, impose reasonable monetary penalties on unit owners for violations of the declaration, bylaws and rules of the association. → 11. Impose and receive any payments, fees or charges for the use, OR rental or operation of the common elements other than limited common elements described in section 33-1212, paragraphs 2 and 4 and for services provided to unit owners.

  Removes specifics about the imposition of charges and late fees related to assessments.

• Section 33-1242

  enumerate the powers of the unit owners' association → list enumerator powers more explicitly regarding enforcement and regulations.

  Clarifies how powers are articulated for better understanding.

• Section 33-1817

  B. NOTWITHSTANDING ANY PROVISION OF THE COMMUNITY DOCUMENTS TO THE CONTRARY, THE ASSOCIATION SHALL ENFORCE THE SPECIFIC COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION WITH REASONABLE DISCRETION AS NECESSARY TO PROTECT PROPERTY VALUES IN THE COMMUNITY. → B. NOTWITHSTANDING ANY PROVISION OF THE COMMUNITY DOCUMENTS TO THE CONTRARY, THE ASSOCIATION SHALL ENFORCE THE SPECIFIC COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION WITH REASONABLE DISCRETION AS NECESSARY TO PROTECT PROPERTY VALUES IN THE COMMUNITY.

  Ensures enforcement of covenants is conducted reasonably to protect property values.

• Section 33-1817

  3. Within thirty days after the adoption of any amendment pursuant to this section, the association or, if there is no association or board, an owner that is authorized by the affirmative vote on or the written consent to the amendment shall prepare, execute and record a written instrument setting forth the amendment. → 3. The association or an authorized owner must record the amendment within a specified timeframe post-approval.

  Simplifies the amendment recording process.

Action History

1. February 09, 2026

   Senate Second Reading

2. February 05, 2026

   Senate First Reading

Sponsors

• Analise Ortiz · Primary

Subjects