Community owners could ask courts to address association failures

Associations would need an owner's express permission before entering a condominium unit or planned community lot or dwelling, except in specified emergencies. This applies to condominium units and planned community lots or dwelling units when association agents, employees, or other owners seek access to carry out association duties. Permission is not needed when the association board determines entry is needed for public safety or to prevent damage to other property in the community.

Before imposing a damage charge or rule-enforcement assessment, a condominium association would have to give written notice with supporting evidence and a chance to request a board hearing. This applies to condominium unit owners facing a charge for property damage or a rule violation. The owner must request a hearing in writing within ten days after receiving notice or gives up the right to one. If a hearing is requested, the board must hold it before charging the owner. The board must provide at least seven days' advance written notice of the hearing. It may set a reasonable deadline to fix a violation and avoid the charge. The owner must request a hearing within ten days of receiving the notice. If requested, the hearing must happen before the board imposes the charge.

An owner could deposit association dues or fees with a court clerk or ask a court to order the association to act when the association fails to fix a stated problem. This applies to condominium unit owners when an association fails to meet specified duties. The owner must first give written notice describing the association's failure. The association must have a reasonable time to fix it, no later than thirty days after receiving notice. This option is unavailable to an owner who was not in good standing before sending the notice. A court may also require the owner to deposit dues or fees with the clerk. The association has up to thirty days after receiving notice to fix the problem, or a shorter reasonable time if the problem calls for it.

A planned community owner could deposit dues or fees with a court clerk or ask a court to order the association to act when the association fails to fix a stated problem. This applies to owners of lots or dwelling units in a planned community when the association fails to meet specified duties. The owner must first give written notice describing the association's failure. The association must have a reasonable time to fix it, no later than thirty days after receiving notice. This option is unavailable to an owner who was not in good standing before sending the notice. A court may also require the owner to deposit dues or fees with the clerk. The association has up to thirty days after receiving notice to fix the problem, or a shorter reasonable time if the problem calls for it.