2023 HB 2298 HOA elgibility criteria.
Dennis –
In regards to 2023 HB 2298 where HOAs that recorded their declarations prior to Jan. 1, 2015 have to hold a vote to retain HOA parking enforcement prior to June 20, 2025. So if a HOA consolidates their original CC&Rs and integrates five amendments within the past few months into a newly recorded County Recorder’s office single document that supersedes the six originals. Which declaration date should be used? Or, is this a legal conundrum that the courts would have to decide? This is not a hypothetical scenario, it’s been done.
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Gerald,
The original language read recorded a declaration after the specified date.. The literal interpretation for that statute was any recording including the recording of an amendment. That interpretation was not convenient for HOA attorneys so they simply interpreted the statute as only applying to new declarations. But the truth is that if the legislature had meant that they would have said that as they have for other provisions. The 2023 revisions ended the discussion no matter when they declaration initially created if the association does not own the streets they must hold the vote to allow them to regulates the streets after June 30 of this year. Don’t hold the vote and they lose all control of the streets.
Dennis