House Amendment 1
H 3180 - Session 125 (2023-2024)
Property exempt from attachment, levy or sale

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-3180.WAB0004H):

Amend the bill, as and if amended, by deleting SECTION 1.

Amend the bill further, SECTION 2, by striking Section 27-30-130(2)(B)(2) and inserting:

  (2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of eachthe year following their adoption or amendment.

Amend the bill further, SECTION 2, by striking Section 27-30-130(2)(D) and inserting:

 (D) Effective January 1, 2025, any provision in a homeowners association's governing documents granting the homeowners association the authority to foreclose on the property of a homeowners association member must adhere to the requirements of Section 29-3-810.

Amend the bill further, SECTION 3, by striking Section 29-3-810 and inserting:

 Section 29-3-810. Effective January 1, 2025, any homeowners association with the authority granted in its governing documents to foreclose on the property of a homeowners association member must in the case of a default by a defendant property owner make application for a rule to show cause to be issued to the defendant property owner. No foreclosure sale may be noticed prior to the issuance of the rule to show cause.