Legislative Committee Hearings TODAY - HB2290 and HB2095

The House Government Committee will consider HB2290 and HB2095 at 2 pm MST today in House Hearing Room #4 at the State Capitol.  Both bills would be bad for homeowners and associations:  

HB2095 has been introduced in an attempt to remove any authority a planned community association (HB2095 would have no applicability to condominium associations) might otherwise have over firearms.  Click here to view HB2095: HB2095 Introduced Version .  HB2095 is outrageous.  As introduced, HB2095, if enacted, would prohibit a planned community association from restricting firearms in the community.  For example, if a member (owner), an owner’s tenant, guest or visitor has a valid and legal right to possess a firearm, the planned community can do nothing about the presence of that firearm anywhere in the community.   Currently, a planned community, as the owner of property, has the right to restrict access to the property to people not possessing firearms regardless of a person’s right to carry.  This is no different than the owner of a private home saying to a visitor, “Although you may have a right to possess that firearm, I will not allow you in my home with it – leave it in the car or don’t come in my home…”  A planned community is and should be no different. If a planned community desires to restrict the clubhouse and pool area to “no guns”, that should be permitted.  If a planned community desires to implement a rule that there will be no firearms at board of directors meetings, that should be permitted.  Most planned community associations don’t have an onsite management office.  The exception for the “management office” is narrow and inapplicable to most planned community associations.  HB2095 is dangerous because it strips a board of directors of the ability to make thoughtful and informed decisions about where and when firearms will be allowed on common area property, at board meetings, and in the recreational areas. 

HB2290  has been introduced in an attempt to force condominiums and planned communities to engage in a pre-lawsuit dispute resolution process and to make changes to last year’s statute regarding taping of meetings.  Click here to view HB2290: HB2290 Introduced Version.  The bill, if passed, would eliminate the ability of condominium and planned community associations to adopt “reasonable rules” regarding taping of meetings but would allow the association to require at least 24 hours advance notice an intent to record a meeting.   With respect to dispute resolution, HB2290 would not allow a condominium or planned community association to file a lawsuit against an owner (for any reason including assessment collection, enforcement of the documents, etc.), or an owner against their association, unless the parties first submit the dispute to a “nationally recognized arbitration association” or the parties may agree to mediate the dispute.  Each side must bear their own attorneys’ fees and costs in mediation, but the arbitrator can apportion the fees.  What is a “dispute”?  Does it take two sides who disagree to be in a dispute, or does “dispute” mean any complaint one side has against the other?   Is this the “Nationally Recognized Arbitration Association Full Employment Act?”