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Synopsis As Introduced Amends the Common Interest Community Association Act. Provides that each member of a common interest community association shall receive through a prescribed delivery method, at least 25 (instead of 30) days but not more than 60 days prior to the adoption by the board, a copy of the proposed annual budget. Makes a similar change in the Condominium Property Act. Further amends the Condominium Property Act. Replaces language specifying when a portion of a noticed board meeting may be closed with language providing that the board may close any portion of a noticed meeting or meet separately from a noticed meeting to: (A) discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent; (B) discuss the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services; (C) interview a potential employee, independent contractor, agent, or other provider of goods and services; (D) discuss violations of rules and regulations of the association; (E) discuss a unit owner's unpaid share of common expenses; or (F) consult with the association's legal counsel.
Replaces everything after the enacting clause. Amends the Community Association Manager Licensing and Disciplinary Act. Removes references to a "supervising community association manager" throughout the Act. Limits licensure of a community association manager to an individual instead of also a corporation, partnership, limited liability company, or other local entity. Makes conforming changes throughout the Act. Defines "designated community association manager". Makes changes to provisions concerning when a license is required, the Community Association Manager Licensing and Disciplinary Board, the powers and duties of the Department of Financial and Professional Regulation, a community association management firm, fidelity insurance, license renewal and restoration, and grounds for discipline. Repeals provisions concerning qualifications for licensure as a supervising community association manager. Makes other changes. Amends the Common Interest Community Association Act. Provides that in the event of any resale of a unit in a common interest community association by a member or unit owner other than the developer, the board shall make available for inspection to the prospective purchaser, among other information, the following: (i) any adopted common expense collection policies; (ii) a statement setting forth the current assessment obligations, including any special assessments or other common expenses; and (iii) a statement setting forth the current late fees or interest that may be charged on an unpaid balance, if any. Provides that an agent for the association, among other entities, shall disclose (instead of "furnish") the information within 30 days after receiving a written request for the information. Provides that members of a common interest community may file a petition within 21, rather than 14, days to consider certain budget matters. Amends the Condominium Property Act. Provides that master condominium associations must manage records in a manner similar to a condominium association. Provides that except for attorney's fees incurred in certain litigation or arbitration in which a unit owner is deemed by the court or arbitrator to be the prevailing party, rather than the substantially prevailing party, attorney's fees incurred by the association arising out of an adjudicated default, rather than a default, by a unit owner or party for which the unit owner is responsible shall be added to the unit owner's respective share of the common expense. Provides that in litigation or arbitration between a unit owner and the association, if the unit owner is the prevailing party, rather than the substantially prevailing party, attorney's fees shall be awarded to the unit owner.
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