SB 191 Summary

• Creates a procedure for condominium associations to adopt power of sale language into their governing documents through board action, with at least 14 days' advance notice to unit owners and an opportunity to be heard.

• Allows unit owners to preserve a potential impairment of contract defense by delivering written objection via certified mail within 60 days of board adoption and producing the return receipt within 30 days of receiving a notice of default.

• Clarifies that condominium associations may foreclose on liens through nonjudicial power of sale if power of sale language is contained in the association's governing documents or in another agreement with the unit owner.

• Exempts associations from using nonjudicial foreclosure for liens arising solely from fines, penalties, legal fees, or late fees, which must be foreclosed through court action.

• Effective date: January 1, 2050.