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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: March 26, 2013 12:11 PM
From: Representative Mauree Gingrich
To: All House members
Subject: Co-sponsor legislation - Amending the Uniform Planned Community Act
In the near future, I will be introducing legislation that amends the Uniform Planned Community Act to replace the current 7-year limitation on withdrawal or conversion of real estate within flexible planned communities with either a 10-year limitation (for projects that do not have a phasing plan) or a limitation based on the approved phasing that is submitted by the developer to the municipality.

The 7-year period was an arbitrary time limitation selected when the UPCA was enacted in the mid-1990s. This time frame, however, is not always sufficient to complete development projects particularly in difficult economic times and particularly for larger companies with projects to be completed in multiple phases. Currently, if a project is not completed by the end of the 7-year period, any acreage within the project, which has not been developed, is turned over to the homeowners in the planned community along with any amenities on that acreage. Since the development is not complete and there are not enough homeowners to fulfill the obligations of the HOA. The homeowners frequently expect the municipality (where the project is located) to accept no only the roads, but the other infrastructure.

In contrast, if the developer has had sufficient time to complete a project, homeowners not only get the amenities on the land but also a completed development; the municipality that approved the project, frequently a township, has the completed development as approved; and the developer that constructed all the amenities and infrastructure has been able to complete all lots within each phase.

Please join me in sponsoring this legislation.

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Introduced as HB1122