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House Bill 1084


House Bill 1084

ARCHIVE (2013)

Latest Information

 

DIGEST OF HB 1084 (Updated April 25, 2013 5:27 pm - DI 44)


Various property issues. Provides that the homeowner protection unit of the attorney general's office shall enforce violations of the statute concerning homeowners associations. Makes changes to the mortgage rescue protection fraud act to make it consistent with the credit services organization act and the home loan practices act, including providing that the statute of limitations on filing claims runs for five years from the occurrence of the violation and not from the time the home loan is made. Permits suspension of the license of an individual licensed under the real estate licensing law for an emergency period if the licensee has engaged in material and intentional misrepresentations or omissions. (The law currently allows for emergency suspension of the licenses of real estate appraisers only.) With certain exceptions, requires a homeowners association to: (1) make financial records available for inspection upon written request by a member of the association; and (2) provide all communications concerning a dispute with a homeowner to that homeowner. Permits a homeowners association to charge a search fee not to exceed $35 per hour for time spent on records searches in excess of one hour. Provides that the total amount of the fee for a search may not exceed $200. Provides that the homeowners association statute does not abrogate an agreement by a homeowners association to provide additional inspection rights. Requires a clerk of a court who must collect a civil costs fee from a party filing a civil action to also collect a $50 mortgage foreclosure counseling and education fee from a party filing a civil action to foreclose a mortgage. Provides that mortgage foreclosure counseling and education fees collected by a clerk must be deposited in the home ownership education account. Urges the legislative council to establish a study committee on the topic of homeowners associations.
Current Status:
 Law Enacted
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