House Bill 2866 Summary

• Amends statutes governing condominiums (section 33-1242) and planned communities (section 33-1803) regarding homeowner association enforcement powers and damages for unlawful enforcement.

• Establishes liability for associations that attempt to enforce provisions of declaration, bylaws, or rules that are prohibited by law: $1,000 for a first violation and $2,500 for second and subsequent violations.

• Liability accrues based on number of enforcement attempts regardless of whether enforcement is directed at the same or different unit owners or members.

• Unit owners and members may recover damages against the association in any court of competent jurisdiction.

• Requires associations to provide detailed written responses to violation notices within 10 business days, including the specific provision violated, date of violation, names of observers, and the process to contest the notice.