View Amendment Current Amendment: 1 to Bill 4165 The Committee on Medical, Military, Public and Municipal Affairs proposes the following Amendment No. 1 to H. 4165 (COUNCIL\BH\4165C001.BH.AB16):

Reference is to Introduced Version.

Amend the bill, as and if amended, by striking all after the enacting language and inserting:

/      SECTION      1.      This act must be known and may be cited as the "Homeowners' Association Regime Fee Fairness to Deployed Service Members Act".

SECTION      2.      Chapter 1, Title 27 of the 1976 Code is amended by adding:

     "Section 27-1-75.      (A)      A service member who belongs to a homeowners' association must notify the homeowners' association of orders of deployment upon receipt of deployment notification and pay any regime fees currently due before being deployed. However, for regime fees that become due while the homeowner is deployed, a homeowners' association may not:
           (1)      enforce a lien for homeowners' association regime fees that accrue and are not paid during the time period that the homeowner is deployed or mobilized outside of this State, and until the homeowner returns from deployment; or
           (2)      assess or impose penalties for homeowners' association regime fees not paid during the time period that the homeowner is deployed or mobilized outside of this State.
     (B)      The provisions of this section also apply to dependents residing with the service member.
     (C)      The provisions of this section may not be waived by contract, and such a purported waiver is void.
     (D)      The provisions of this section apply only to the service member's primary residence.
     (E)      Nothing in this section shall waive an obligation of the deployed service member from continuing to maintain the property as defined in declaration or otherwise by law.
     (F)      As used in this subsection, 'homeowners' association' means an organization that is organized and operated to provide for the acquisition, construction, management, and maintenance of property."

SECTION      3.      This act takes effect upon approval by the Governor.            /

Renumber sections to conform.
Amend title to conform.