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MS HB1209

Bill

Status

Failed

2/3/2015

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Allows petitions to be filed in chancery court to revive, reform, modify, or correct expired or defective protective covenants in platted subdivisions.

  • Requires the chancellor to hold a hearing with notice published in local newspapers for three consecutive weeks and posted at subdivision entrances at least 30 days before the hearing date.

  • Grants the chancellor authority to impose new protective covenants consistent with the subdivision's current development characteristics and to create homeowners' associations where none exist.

  • Authorizes homeowners' associations created under this process to impose uniform assessments for common area maintenance and noncompliance with covenants, and to pursue legal action to enforce covenants with attorney's fees awarded to the prevailing party.

  • Amends Section 17-1-23 to recognize protective covenants may be revived, reformed, modified, or corrected through the procedures established in this act, effective July 1, 2015.

Legislative Description

Protective covenants; allow revival and modification after expiration.

Last Action

Died In Committee

2/3/2015

Committee Referrals

Judiciary A1/19/2015

Full Bill Text

No bill text available