homeowners' associations;
applicability; charter schools
dpa |
Committee on Education |
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Committee on Retirement and Government Operations |
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Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1034 prohibits a homeowners’ association (HOA) from regulating a school as well as prohibits a school, except public schools, from establishing within the living units or common areas of an HOA.
SB 1034 was amended in the Education Committee to allow an HOA to enter into a contractual agreement with a school district or charter school to allow the use of the common areas of the HOA by the school district or charter school. Additionally, schools are exempt from any enforcement action of the HOA.
Laws 1994, Chapter 310
established regulations pertaining to the formation and operation of master
planned communities’ HOAs. These
statutes define what qualifies as a master planned community, allow for penalties
on a past due assessment and for a violation of the declaration, bylaws or
rules, specify the conditions for closed meetings, specify conditions for
disclosure and examination of financial records and require specified
information to be furnished upon the resale of a unit.
Oftentimes, an HOA's codes, covenants and restrictions (CC&R’s) will govern the use of property for residential and/or commercial purposes in planned community HOAs. If a school is located in a planned community HOA, the CC&R’s may conflict with what the school is willing to do and financially capable of doing with regards to its property. S.B. 1034 specifies that planned community statutes do not apply to schools, including charter schools. The legislation also prohibits the establishment of schools within the living units or common areas of HOAs, with the exception of home schools.
· Specifies that planned community statutes do not apply to schools, including charter schools.
· Exempts schools from regulation by an HOA.
· Prohibits a school, except home schools, from being established within the living units or common areas of an HOA.
SB 1034 was amended in the Education Committee as follows:
· Declares that schools are additionally exempt from any enforcement action of the HOA.
· Allows an HOA to enter into a contractual agreement with a school district or charter school to allow the use of the common areas of the HOA by the school district or charter school.
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45th Legislature
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Second Regular Session 2 April
17, 2002
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