SB1381112th GA (Historical)Introduced

Amends TCA Title 66, Chapter 27.

This bill requires a homeowners' association, upon written request from a member, to provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. This bill sets out in detail the information that must be included in the record, such as the language of the ballot questions used; the number of members present at a meeting at which the vote is taken; and the final count of votes cast.<br /> <br /> This bill provides that the owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of residential property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property. This bill requires a business entity that owns residential property in this state that is subject to a declaration to send to the homeowners' association for the property a written notice of the following:<br /> <br /> (1) A change in contact information for the business entity; or<br /> <br /> (2) A transfer of the ownership interest in the residential property.<br /> <br /> This bill will take effect May 1, 2021, and will apply to declaration amendments that are enacted on or after May 1, 2021.<br /> <br /> ON MARCH 22, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1381, AS AMENDED.<br /> <br /> AMENDMENT #1 removes "a copy of all completed member ballots received by the homeowners' association" from the information to be included in the record. This amendment also specifies, in regard to this bill's provision regarding the owner's vested right, as discussed above in the bill summary, that the provision applies to "single family" residential real property.<br />

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Overview

This bill requires a homeowners' association, upon written request from a member, to provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. This bill sets out in detail the information that must be included in the record, such as the language of the ballot questions used; the number of members present at a meeting at which the vote is taken; and the final count of votes cast.<br /> <br /> This bill provides that the owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of residential property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property. This bill requires a business entity that owns residential property in this state that is subject to a declaration to send to the homeowners' association for the property a written notice of the following:<br /> <br /> (1) A change in contact information for the business entity; or<br /> <br /> (2) A transfer of the ownership interest in the residential property.<br /> <br /> This bill will take effect May 1, 2021, and will apply to declaration amendments that are enacted on or after May 1, 2021.<br /> <br /> ON MARCH 22, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1381, AS AMENDED.<br /> <br /> AMENDMENT #1 removes "a copy of all completed member ballots received by the homeowners' association" from the information to be included in the record. This amendment also specifies, in regard to this bill's provision regarding the owner's vested right, as discussed above in the bill summary, that the provision applies to "single family" residential real property.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
39751025

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SB1381: Amends TCA Title 66, Chapter 27. | LegisGo