HB 1000 -- Uniform Common Interest Ownership Act

Co-Sponsors:  Hilgemann, McLuckie, Campbell, Harlan,
Hendrickson, Van Zandt, Bray

This bill changes the name of the Uniform Condominium Act to the
Uniform Common Interest Ownership Act, and makes changes to
those laws.  In its main provisions, the bill:

(1)  Reflects new terminology, such as "common interest
community", which redefines "condominium", "cooperative", and
"planned community";

(2)  Sets forth how and what sections of the Uniform Common
Interest Ownership Act apply to condominiums, cooperatives, and
planned communities created before its effective date;

(3)  Sets forth how the declarations, bylaws, and plats of
existing common interest communities can or must be amended to
reflect the provisions of the bill;

(4)  Establishes a method of relocating boundaries between units
and common elements;

(5)  Allows uses of residential units to be restricted by
amendments to the declaration if current uses are grandfathered,
and provides a method for extending special declarant rights;

(6)  Establishes, for a cooperative, priority as between
creditors of the association, unit owners, and creditors of unit
owners;

(7)  Specifies what the declaration for a master planned
community must contain;

(8)  Allows an association, by regulation, to require that
disputes between the association and unit owners, or between
different unit owners, be submitted to nonbinding alternative
dispute resolution;

(9)  Allows an association, by rule, to restrict leasing of
residential units, and to take certain actions directly against
the tenant of a unit owner;

(10)  Requires a declarant, upon termination of declarant
control, to deliver to an association, all property, books,
records, accounts, etc. of the association and common interest
community;

(11)  Clarifies that unit owners are not liable for injury or
damage arising out of the condition or use of the common
elements;

(12)  Clarifies that members of the executive board or officers
of a common interest community who serve without compensation
are not liable to persons and unit owners for losses resulting
from the exercise of judgment in operation of the common
interest community except for deliberate, intentional, harmful
conduct;

(13)  Specifies how parts of a cooperative may be conveyed or
subjected to a security interest;

(14)  Sets forth requirements on the amount and type of
insurance that an association must maintain;

(15)  Sets forth how an association's lien for unpaid
assessments may be foreclosed;

(16)  Allows an association to collect and receive rent due from
a tenant to a unit owner when the unit owner owes the
association for unpaid assessments, and specifies the necessary
procedure;

(17)  Clarifies what information must be contained in an
original sale certificate; and

(18)  Authorizes an independent committee of the executive board
of an association to evaluate and prosecute warranty claims
involving the common elements, and specifies that all costs
involved in the evaluation and prosecution are common expenses.