Homeowners
Association Act (House Bill 137) would have required the declarant of a
development to disclose financial and other information relating to the
development to the board of directors. The bill would have required an
association to maintain detailed records of receipts and expenditures affecting
the operation and administration of the association, and would authorize the
inspection of the records by members of the association under certain
conditions. The bill provided for meeting requirements, would have required
associations to register annually with the state Real Estate Commission. The
bill granted powers to the board of the association and provided for lien
details.
The
measure was sponsored by Representative Mac McCutcheon. It passed the House Commerce
and Small Business Committee. The Substitute was amended on the House floor and
was passed. On passage by the House, the bill was transmitted to the Senate and
assigned to the Senate Judiciary Committee lead by Senator Cam Ward. Once
assigned to the Senate Judiciary Committee this bill never made it onto the
committee agenda for a vote and therefore died in committee.
While
there was no legislation passed in 2014, the Alabama LAC and Dawn Bauman have
continued discussions with Representative McCutcheon and Senator Ward about the
benefits of adopting the Uniform Common Interest Ownership Act as opposed to
partial legislation that will need continued amendments. The LAC will continue
to work with the bill’s sponsors heading into the 2015 Session.