Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. This act must be known and may be cited as the "Homeowners' Association Regime Fee Fairness to Deployed Service Members Act".
SECTION 2. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-75.
(A) A service member who belongs to a
homeowners' association must notify the homeowners' association
of orders of deployment upon receipt of deployment notification
and pay any regime fees currently due before being deployed.
However, for regime fees that become due while the homeowner is
deployed, a homeowners' association may not:
(1)
enforce a lien for homeowners' association regime fees
that accrue and are not paid during the time period that the
homeowner is deployed or mobilized outside of this State, and
until the homeowner returns from deployment; or
(2)
assess or impose penalties for homeowners' association
regime fees not paid during the time period that the homeowner
is deployed or mobilized outside of this State.
(B) The provisions of
this section also apply to dependents residing with the service
member.
(C) The provisions of
this section may not be waived by contract, and such a purported
waiver is void.
(D) The provisions of
this section apply only to the service member's primary
residence.
(E) Nothing in this
section shall waive an obligation of the deployed service member
from continuing to maintain the property as defined in
declaration or otherwise by law.
(F) As used in this
subsection, 'homeowners' association' means an organization that
is organized and operated to provide for the acquisition,
construction, management, and maintenance of property."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.