2001 REGULAR SESSION (71st)                                                                            A AB484 509

Amendment No. 509

 

Assembly Amendment to Assembly Bill No. 484                                                                (BDR 10‑584)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 11, after “expenses” by inserting:

“, any other fees payable by a unit’s owner”.

     Amend section 1, page 2, by deleting lines 1 and 2 and inserting:

     “(d) A statement listing all written notices of a violation of the governing documents of the association associated with the unit which the association has previously provided to the selling unit’s owner and which the purchaser will be obligated”.

     Amend section 1, page 2, by deleting lines 7 and 8 and inserting:

“actions [against] to which the association is a party and the status of any such pending legal actions [relating to the common-interest community of which the unit’s owner has”.

     Amend section 1, page 2, by deleting lines 12 through 15 and inserting:

     “(h) A statement of any claim for a constructional defect of which the association has actual knowledge and for which the association will be a party.

     2.  The association, within 10 days after receipt of a written request by a unit’s owner,”.

     Amend section 1, page 2, line 16, after “certificate” by inserting:

“addressed to the unit’s owner at the address included in the written request”.

     Amend section 1, page 2, line 18, after “board” by inserting:

“of the association or an authorized agent”.

     Amend section 1, page 2, by deleting line 22 and inserting:

     “3.  [Neither] Except as otherwise provided in subsection 6, neither a purchaser nor the purchaser’s interest in a unit is liable to the association for”.

     Amend section 1, page 2, by deleting lines 27 through 29 and inserting:

     “(b) The correction or repair of any violation of the governing documents of the association that is not disclosed pursuant to paragraph (d) of subsection 1.”.

     Amend section 1, page 2, line 31, after “liable” by inserting:

“to the association”.

     Amend section 1, page 2, by deleting lines 34 and 35 and inserting:

     “(b) The correction or repair of any violation of the governing documents of the association associated with the unit that is required to be disclosed pursuant to paragraph (d) of subsection 1.

     5.  A certificate issued by an association pursuant to this section becomes effective on the date the certificate is signed pursuant to subsection 2.

     6.  The association is not liable to any person for undisclosed information if a unit’s owner does not make a written request for a certificate pursuant to subsection 2.”.

     Amend sec. 2, page 4, line 45, after “any” by inserting:

“other fees payable by a unit’s owner and any”.

     Amend sec. 2, pages 4 and 5, by deleting lines 47 and 48 on page 4 and lines 1 through 3 on page 5, and inserting:

     “(d) A statement listing all written notices of a violation of the governing documents of the association associated with the unit which the association has previously provided to you and which the purchaser will be obligated to correct or repair.

     (e) A statement of any outstanding judgments or [lawsuits pending against] pending legal actions to which the association [of which you are aware. You are also required to provide a] is a party and the status of such pending legal actions.”.

     Amend sec. 2, page 5, by deleting lines 6 through 8 and inserting:

     “(g) A statement of any claim for a constructional defect of which the association has actual knowledge and for which the association will be a party.”.