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House Bill 2345 and House Bill 2768

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HB2345 amends both the Condominium Act’s and the Planned Community Act’s provisions about for sale signs, for lease signs, open houses and open house signs.  Under the new bill, it won’t matter what the community association’s documents say, associations cannot stop its owners from displaying indoor or outdoor for sale signs and sign riders on that member’s property.  Of course, homeowners cannot put a billboard on their yard as the size of the for sale sign must be in conformance with the industry standard size sign (can’t exceed 18 x 24 inches) and industry size rider (6 x 24 inches).  It also says an association cannot prohibit or regulate 1) temporary open house signs, 2) open house hours between 8am and 6pm, 3) for lease signs in communities that allow leasing. 

Many folks now wonder if HB2345 will require associations to open their private grounds to the general public that want to attend the open houses.  Some scholars argue that the bill does not require open access to the general public when the community’s documents would not permit the attendees entry.  Others argue that this view may be too narrow minded because it would mean that the purpose of this new law would be defeated and circumvented if associations could deny people entry into the community to attend open houses.  They would argue that there is no good in an open house if only a limited number (if any) are permitted to attend.  We believe that these two opposing views can be solved by a middle-line approach.  Obviously, associations should have the right to protect their community by prohibiting overcrowding.  By imposing reasonable limitations on how many people can attend, the community may maintain order while allowing the homeowner to conduct his/her open house.   See the entire bill by clicking here

HB2768 deals with transfer fees.  More discussion on this to follow in the coming days.  See the entire bill by clicking here.

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