Property - Digest of Bills

Digest of Bills - 1999

PROPERTY
S.B. 99-221 Declaration of common interest community - amendment by petition to district court. Allows the unit owners' association of a common interest community to petition the district court for any county that contains all or any portion of the common interest community for an order amending the declaration of the common interest community if:

The association has twice sent notice of the proposed amendment to all unit owners entitled by the declaration to vote on or otherwise approve the proposed amendment;
The association has discussed the proposed amendment during at least one meeting of the association; and
Unit owners of units to which are allocated more than 50% of the number of consents, approvals, or votes of the association that would be required to adopt the proposed amendment pursuant to the declaration have voted in favor of the proposed amendment.

Specifies the information and documents that must be included in and with the petition.

Requires the district court to hear the petition and specifies the time frame for such hearing. Requires the association to send notice of the petition to all persons entitled by the declaration to vote on the proposed amendment within a specified time after the filing of the petition. Sets forth requirements for the content and manner of delivery of such notice, but allows the court to approve alternative forms of notice and methods of delivery in emergencies. Requires the association to file a list of the persons entitled to receive notice with the court within a specified time after the filing of the petition.

States that the district court shall grant the petition if it makes specified findings. Requires any amendment to a declaration approved by the district court to be recorded in each county that includes all or any portion of the common interest community, and states that, once recorded, such an amendment has the same legal effect as an amendment adopted pursuant to any requirements set forth in the declaration.

APPROVED by Governor May 19, 1999
EFFECTIVE May 19, 1999

H.B. 99-1083 Mobile home parks - required notice upon termination of tenancy. Requires landlords or management of mobile home parks to provide notice of certain provisions of the "Mobile Home Park Act" to a mobile home owner whose tenancy is being terminated under the "Mobile Home Park Act". Describes the contents of the required notice.

APPROVED by Governor March 17, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.