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2023 Legislative Session Notes

by | Jun 22, 2023 | Firm News

The 2023 Legislative Session has adjourned. Here are the important changes and updates:

HB 1072 is officially signed into law.  Public Act 23-18AN ACT CONCERNING REVISIONS TO THE COMMON INTEREST OWNERSHIP ACTThis new law increases the resale package fee to $185 and will adjust to the Consumer Price Index moving forward; mandates that identifying information be kept confidential but it will allow all owners to receive and review redacted voting records; clarifies the voting process regarding whether a meeting in person or virtually is held, a unit owner can vote by ballot prior to or at the meeting or continuation thereof; and allow for flexibility for insurance for mixed use condo structures.  Please note:  This law goes into effect on October 1, 2023.

HB – 6631 AN ACT CONCERNING THE COMMON INTEREST OWNERSHIP ACT. (Now Public Act 23-119) The intent of this Act is to specify that the provision of a notice required under the Common Interest Ownership Act shall not be deemed to constitute a violation of, or give rise to liability under, certain debt collection statutesPlease note:  This law goes into effect on October 1, 2023.

HB 6805 – AN ACT CONCERNING SOLAR INSTALLATIONS IN CONDOMINIUMS AND COOPERATIVES.  The original intent of this bill was to prohibit condominiums or cooperatives from restricting the installation of certain solar power generating systems. While it looked like this bill was set to pass, the clock ran out on the last day of the session, and it did not get voted on by the Senate.  Our team spent many hours negotiating with the lead sponsor for this bill.  We believed that we had worked out language that would have made the requirements of this bill manageable for most associations.  We expect that another version of this bill will return in 2024.  Stay tuned.

RB 1013 – AN ACT CONCERNING COMMON INTEREST OWNERSHIP COMMUNITIESThe original bill called for the Commissioner of Housing to submit a report about the assessment of reserves in common interest communities.  This bill also failed.