Very Comfusing

I once again spent an afternoon watching the HOA Task Force Meeting. The more I watch these meetings, the more confused I become on what, if anything, they are trying to do. It seems one main purpose of the Task Force and of HB22-1137 is to make it easier for those homeowners who do not or will not follow the covenants, to reduce any consequence they may face. 1137 has done a wonderful job of that and I think many of its provisions have worked better than I thought they might. But there are those on the Task Force who seem to think the law has not gone far enough. One member states clearly that homeowners ought to be able to decide which rules they will follow and what rules they consider petty that they will not follow. If that is to be the case, then the Task Force ought to find a way to force HOAs by law to revise their Covenants and have the least rules possible, perhaps only for health and safety violations. Although, I am certain even that would be difficult since definitions would need to be drawn up. 1137 does differentiate between normal violations and safety and health violations without defining what is a health and safety violation.

Then the next part of the discussion time is spent thinking up myriad rules that the HOA must follow. It amuses me that folks who are against rules are bound and determined to create more rules! For example, a mandate that HOA Boards must receive training. The suggestions range from making videos and online courses available to hours of training--which is it to be? They want to make a law mandating frequent Reserve Studies. Again, not a bad idea, but see the word mandate--in other words a new rule. Then a rule that folks who buy into an HOA must watch a video on what an HOA is and what a homeowners' obligations are. Then there is MANDATORY alternative dispute resolutions. Some want to mandate that all communications with homeowners be sent via email with an opt out for those who want to receive mail. At an earlier meeting there was talk of mandating that HOA meetings must be on weekends.

Just listing all the rules the Task Force thinks the Legislature ought to pass makes my head swim! So, my suggestion is that the group decides if it is for or against rules and mandates. Once that decision is made your task will be much easier--eliminate rules for both the homeowners and the HOAs or don't. In my estimation, you can't have it both ways. Also, please remember that any mandate with an associated cost placed upon an HOA will be paid for by the very homeowners who complain about high dues.