HR. 2158 SECTION M– ASSEMBLING
Preparing for upcoming elections I read the full text of 2158. Does section M– assembly to discuss relevant homeowner matters– pertain ONLY to election window timing or is this a protection for discussions outside that time frame?
Thank you.
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I should add that I mean board elections, not the August 2 state…
Cynthia,
The freedom to assemble section applies any time of the year for any community-based issue or discussion.
As I had feared even clear legislation will be distorted by association attorneys to negate the value of the legislation. One community has already issues policy changes based on this legislation that is totally false and violate the provisions of the statute. This community stipulated that the 9 sq-ft limit on signs applied to the surface area on both sides of the sign. That is totally false in applies to the physical size of the sign (3ft by 3Ft max) with the ability to post on both sides. Also, the provision that stipulates that association can establish rules for the use of their common area, simply states that while rules can be established, they have to be consistent for any use of property. This same association charged a $50 fee for the use of rooms for community meetings but did not apply that fee to any other use of the same rooms by club or other events. And finally, it is clear that the number of candidates or outside members that can be invited to one meeting is unlimited as long as each member only invites one person. 10 members can each invite one person so that 10 outside people can speak at the same meeting. That same community limited all meeting to only one outside member. If any of your communities try the same tactics, please let me know first so that Ican keep tabs of the attorneys involved in these cases, then you must challenge them in court or using the ADRE dispute resolution process, they are violating the law and trying to infringe and restrict your fundamental rights granted by this law.
Dennis
Thank you for the clarification. So far I have no indication that the board I am working with even knows this statute was passed. Since I’m on the board if any action is taken I will know — since it will require a vote and I *think* it would have to be discussed in General (correct me if I’m wrong).
That being said– also– this statute will be effective as of Aug 28? And in that same month the candidate forms for our elections are sent. I believe that is then the beginning of the election period that the statute covers, yes? And that the statute offers this protection beyond that period– feels remarkable– given how powerless I know owners have felt in the past. This can be a real game-changer.
Regardless though, if a board passes rules to stymie owner activity– a future board should be able to roll those back– no?
I am so grateful for the work you do and the support provided on this site. The worst part of board abuse is the feeling one is cornered or alone. Here, we are not alone. That is worth it’s weight in gold. Thank you.
Cynthia
The legislative session ended on June 23 so 90 days after that is Sept 23. While the law prevents the association from restricting these activities there is nothing that keep them from implementing provision today consistent with the expectation of the statute. In my opinion any association that attempts to restrict homeowner participation in the governance of their community during this waiting period is simply displaying total disdain for the fundamental rights of their homeowners and should be held accountable for that breach of duty.
Once again you are correct any rule implements by a board can be reversed at any time by a board in the future.
You and everyone else in this state is not alone, I will be there to support all of you when you need it.
Dennis