H1774B3514A08532 SFR:BTW 06/20/16 #90 A08532
AMENDMENTS TO HOUSE BILL NO. 1774
Sponsor: REPRESENTATIVE R. BROWN
Printer's No. 3514
Amend Bill, page 1, line 6, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 1, line 7, by striking out "SUBSTANTIAL"
Amend Bill, page 1, line 11, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 1, line 12, by striking out "SUBSTANTIAL"
Amend Bill, page 1, line 15, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 1, line 15, by striking out "SUBSTANTIAL"
Amend Bill, page 1, lines 16 and 17, by striking out "AND
FURTHER PROVIDING FOR ASSOCIATION RECORDS"
Amend Bill, page 3, line 9, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 3, line 11, by striking out "SUBSTANTIAL"
Amend Bill, page 3, lines 14 through 17, by striking out all
of said lines and inserting
(2) A condominium established on or before the effective
date of this section may adopt bylaws in compliance with the
provisions of this section.
Amend Bill, page 3, line 20, by inserting after "OR"
alternative dispute
Amend Bill, page 3, line 23, by inserting after "OR"
alternative
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Amend Bill, page 3, line 24, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 3, line 25, by inserting after "OR"
alternative
Amend Bill, page 3, lines 28 through 30; page 4, lines 1
through 4; by striking out all of said lines on said pages and
inserting
(c) Construction.--Nothing in this section shall be
construed to affect or impair the right of a unit owner,
declarant or association to pursue a private cause of action or
seek other relief
Amend Bill, page 4, line 6, by inserting after "OWNER"
in good standing
Amend Bill, page 4, line 12, by inserting after "OR"
alternative
Amend Bill, page 4, line 12, by inserting after "DISPUTE"
resolution
Amend Bill, page 4, line 17, by inserting after "OR"
alternative
Amend Bill, page 4, line 19, by striking out "OR"
Amend Bill, page 4, line 21, by inserting after "OR"
alternative
Amend Bill, page 4, by inserting between lines 23 and 24
(c) Immediate filing.--A complaint may be filed by a unit
owner with the Bureau of Consumer Protection immediately, if:
(1) a mediation or alternative dispute resolution
procedure is not available to the unit owner under the
association's declaration, bylaws, rules or regulations; or
(2) the association refuses mediation or alternative
dispute resolution under section 3321(b)(2) (relating to
mediation or alternative dispute resolution in condominiums).
Amend Bill, page 4, line 24, by striking out "(C)" and
inserting
(d)
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Amend Bill, page 4, by inserting between lines 27 and 28
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Unit owner in good standing." A unit owner who is current
in payment of assessments and fines, unless the assessment or
fines are directly related to the complaint being filed with the
Bureau of Consumer Protection regarding sections 3308 (relating
to meetings), 3309 (relating to quorums), 3310 (relating to
voting; proxies) and 3316 (relating to association records).
Amend Bill, page 5, line 9, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 5, line 9, by striking out "SUBSTANTIAL"
Amend Bill, page 5, line 11, by striking out "SUBSTANTIAL"
Amend Bill, page 5, lines 14 through 17, by striking out all
of said lines and inserting
(2) A cooperative established on or before the effective
date of this section may adopt bylaws in compliance with the
provisions of this section.
Amend Bill, page 5, line 19, by inserting after "FOR"
alternative
Amend Bill, page 5, line 23, by inserting after "OR"
alternative
Amend Bill, page 5, line 24, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 5, line 25, by inserting after "OR"
alternative
Amend Bill, page 5, lines 28 through 30; page 6, lines 1
through 4; by striking out all of said lines on said pages and
inserting
(c) Construction.--Nothing in this section shall be
construed to affect or impair the right of a proprietary lessee,
declarant or association to pursue a private cause of action or
seek other relief.
Amend Bill, page 6, line 6, by inserting after "LESSEE"
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in good standing
Amend Bill, page 6, line 12, by inserting after "OR"
alternative
Amend Bill, page 6, line 12, by inserting after "DISPUTE"
resolution
Amend Bill, page 6, line 17, by inserting after "OR"
alternative
Amend Bill, page 6, line 19, by striking out "OR"
Amend Bill, page 6, line 21, by inserting after "OR"
alternative
Amend Bill, page 6, by inserting between lines 23 and 24
(c) Immediate filing.--A complaint may be filed by a
proprietary lessee with the Bureau of Consumer Protection
immediately, if:
(i) a mediation or alternative dispute procedure is not
available to the proprietary lessee under the association's
declaration, bylaws, rules or regulations; or
(ii) the association refuses mediation or alternative
dispute resolution under section 4322(b)(2) (relating to
mediation or alternative dispute resolution in cooperatives).
Amend Bill, page 6, line 24, by striking out "(C)" and
inserting
(d)
Amend Bill, page 6, lines 28 through 30; page 7, lines 1
through 11; by striking out all of said lines on said pages and
inserting
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Proprietary lessee in good standing." A proprietary lessee
who is current in payment of assessments and fines, unless the
assessment or fines are directly related to the complaint being
filed with the Bureau of Consumer Protection regarding sections
4308 (relating to meetings), 4309 (relating to quorums), 4310
(relating to voting; proxies) and 4317 (relating to association
records).
Amend Bill, page 7, line 12, by striking out "5" and
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inserting
4
Amend Bill, page 7, line 13, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 7, line 13, by striking out "SUBSTANTIAL"
Amend Bill, page 7, line 15, by striking out "SUBSTANTIAL"
Amend Bill, page 7, lines 18 through 21, by striking out all
of said lines and inserting
(2) A planned community established on or before the
effective date of this section may adopt bylaws in compliance
with the provisions of this section.
Amend Bill, page 7, line 23, by inserting after "FOR"
alternative
Amend Bill, page 7, line 27, by inserting after "OR"
alternative
Amend Bill, page 7, line 28, by inserting after "MEDIATION"
or alternative dispute resolution
Amend Bill, page 7, line 29, by inserting after "OR"
alternative
Amend Bill, page 8, lines 2 through 9, by striking out all of
said lines and inserting
(c) Construction.--Nothing in this section shall be
construed to affect or impair the right of a unit owner,
declarant or association to pursue a private cause of action or
seek other relief.
Amend Bill, page 8, line 11, by inserting after "OWNER"
in good standing
Amend Bill, page 8, line 15, by striking out the comma after
"QUORUMS)" and inserting
and
Amend Bill, page 8, lines 15 and 16, by striking out "AND
5316 (REL ATING TO ASSOCIATION RECORDS) "
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Amend Bill, page 8, line 17, by inserting after "OR"
alternative
Amend Bill, page 8, line 17, by inserting after "DISPUTE"
resolution
Amend Bill, page 8, line 22, by inserting after "OR"
alternative
Amend Bill, page 8, line 24, by striking out "OR"
Amend Bill, page 8, line 26, by inserting after "OR"
alternative
Amend Bill, page 8, by inserting between lines 28 and 29
(c) Immediate filing.--A complaint may be filed by a unit
owner with the Bureau of Consumer Protection immediately, if:
(1) a mediation or alternative dispute resolution
procedure is not available to the unit owner under the
association's declaration, bylaws, rules or regulations; or
(2) the association refuses mediation or alternative
dispute resolution under section 5321(b)(2) (relating to
mediation or alternative dispute resolution in planned
communities).
Amend Bill, page 8, line 29, by striking out "(C)" and
inserting
(d)
Amend Bill, page 9, by inserting between lines 2 and 3
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Unit owner in good standing." A unit owner who is current
in payment of assessments and fines, unless the assessment or
fines are directly related to the complaint being filed with the
Bureau of Consumer Protection regarding sections 5308 (relating
to meetings), 5309 (relating to quorums), 5310 (relating to
voting; proxies) and 5316 (relating to association records).
Amend Bill, page 9, line 3, by striking out "6" and inserting
5
Amend Bill, page 9, line 13, by striking out "7" and
inserting
6
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See A08532 in
the context
of HB1774