Bills · 2021-2022 Regular Session
Relating to: a condominium association's obligation to maintain records and allow a unit owner to inspect and copy those records; financial audits of condominium association records; access by condominium unit owners to records of an entity controlled by an association; and organizing a condominium association as a for-profit corporation.
Corporation Corporation — Taxation Housing
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill 1) makes various changes to a condominium association's obligation
to maintain records and allow a unit owner to inspect and copy those records; 2) gives
condominium unit owners a right to request an audit of the association's financial
records; 3) provides that a unit owner may inspect and copy records of an entity
controlled by the association to the same extent that the association may inspect and
copy those records; and 4) provides that, after the effective date of the bill, an
association may not organize or reorganize as a for-profit corporation.
Maintenance and inspection of association records
The bill provides that a condominium association must maintain all of the
following records (association records):
1. Minutes of meetings of the association and of the board of directors of the
association.
2. Records of actions taken without a meeting by the condominium unit owners
on behalf of the association or by the board of directors of the association.
3. Certain disclosure documents that the association is required under current
law to furnish to a seller of a condominium unit for the seller to provide to a
prospective purchaser of the unit.
4. Detailed, accurate records of the receipts and expenditures affecting the
common elements of the condominium.
5. Annual budgets prepared by the association.
6. Financial statements.
7. Bank statements and account statements, including statements for reserve
accounts.
8. Income and expense statements.
9. Insurance policies.
10. The most recent audit of the association's financial records, if any.
11. Contracts entered into by the association and any bids for those contracts.
12. Invoices and expense records.
The bill also provides that a unit owner may, with certain exceptions, inspect
and copy any association records created within the past six years. The association
may impose a reasonable charge for copies of any association records, including the
costs of labor and materials used to provide the copies, but may not charge an amount
that exceeds the estimated cost of production or reproduction of the copies or $50,
whichever is less.
Under the bill, an association for a condominium with 100 or more units (large
association) must maintain an Internet site on which the large association posts
current copies of association records that are subject to inspection and copying by
unit owners. The Internet site must include a protected electronic location that is
inaccessible to the general public and accessible only to unit owners and employees
of the large association. The bill provides that, upon a unit owner's written request,
Sponsors
Votes
Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Housing and Real Estate, Ayes 9, Noes 1
Passed 9–1 Feb 1, 2022 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Assembly: Report passage as amended recommended by Committee on Housing and Real Estate, Ayes 9, Noes 1
Passed 9–1 Feb 1, 2022 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Sep 22, 2021 · Assembly
Introduced by Representatives Kitchens, Callahan and Knodl; cosponsored by Senators Cowles, Darling and Ringhand
- Sep 22, 2021 · Assembly
Read first time and referred to Committee on Housing and Real Estate
- Jan 5, 2022 · Assembly
Public hearing held
- Jan 13, 2022 · Assembly
Assembly Amendment 1 offered by Representative Kitchens
- Jan 19, 2022 · Assembly
Executive action taken
- Feb 1, 2022 · Assembly
Report Assembly Amendment 1 adoption recommended by Committee on Housing and Real Estate, Ayes 9, Noes 1
- Feb 1, 2022 · Assembly
Report passage as amended recommended by Committee on Housing and Real Estate, Ayes 9, Noes 1
- Feb 1, 2022 · Assembly
Referred to committee on Rules
- Feb 22, 2022 · Assembly
Made a special order of business at 8:24 AM on 2-23-2022 pursuant to Assembly Resolution 29
- Feb 23, 2022 · Assembly
Laid on the table
- Mar 15, 2022 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1