View Amendment Current Amendment: 1 to Bill 3886 The Committee on Labor, Commerce and Industry proposes the following Amendment No. 1 to H. 3886 (COUNCIL\WAB\3886C002.AGM.WAB17):

Reference is to the bill as introduced.

Amend the bill, as and if amended, Section 27-30-120(3), as contained in SECTION 1, page 2, by deleting the item in its entirety and inserting:

/      (3)      'Financial information' means budgets, expenditures, and debts of a homeowners association. /

Amend the bill further, Section 27-30-130(B), as contained in SECTION 1, page 3, by deleting the subsection in its entirety and inserting:

/      (B)      At the request of a homeowner, a homeowners association shall provide him copies of all governing documents and financial information of the association in either printed or electronic format. Such a request must be completed within three business days. The homeowners association may charge the homeowner for the actual cost of printed documents; however, documents provided in electronic format must be provided at no charge. /

Amend the bill further, Section 27-30-160(A), as contained in SECTION 1, page 4, by deleting the subsection in its entirety and inserting:

/      (A)      Magistrates have concurrent civil jurisdiction in the following actions between associations and homeowners regarding:
           (1)      payment of dues, assessments, fines, or fees if the amount being claimed does not exceed the civil jurisdictional amount in magistrates court as provided in Section 22-3-10(1);
           (2)      actions for specific performance arising out of the governing documents provided the cost of the specific performance would not exceed the civil jurisdictional amount in magistrates court as provided in Section 22-3-10(1); and
           (3)      access to the governing documents, financial records, and homeowner's membership list that includes each homeowner's contact addresses; however, under no circumstances may the homeowner's membership list be released or used for commercial purposes. /

Amend the bill further, Section 27-30-330, as contained in SECTION 1, page 6, by deleting the Section in its entirety and inserting:

/      Section 27-30-330.      (A)      There is established within the department the Office of the Homeowners Association Ombudsman.
     (B)      The director shall appoint the ombudsman, consistent with the qualifications set forth in Section 27-30-340.
     (C)      The ombudsman is the head of the office and is charged with managing the office consistent with the powers and duties vested in the ombudsman by this article, within the limitations of the funds appropriated by the General Assembly.
     (D)      The ombudsman shall serve at the pleasure of the director.
     (E)      A vacancy in the ombudsman position is filled in the same manner as the original appointment.
     (F)      Nothing in this section may be construed to allow the department, director, or ombudsman to charge a fee on an association, declarant, or residential builder to fund the Office of the Homeowners Association Ombudsman. /

Renumber sections to conform.
Amend title to conform.