Lawsuit Filed Over HOA Law

July 17, 2013

A suit filed Tuesday would overturn a new law dealing with homeowner associations, not because of what it says, but how it was enacted.

The changes passed the state House of Representatives earlier this year but were stalled in the Senate. But on the last night of the Legislative session, Rep. Michelle Ugenti resurrected language to change state election laws and tacked it on to the bill dealing with homeowner's associations.

Attorney Tim Hogan says that violates the constitutional provision requiring every measure to embrace just one subject.

“This is just two different subjects they stuck in one bill because it was the last night of the session, and it had been previously defeated, and the sponsor thought she could get it passed this way,” Hogan said.

But Ugenti says the subjects are related.

“I don't know why HOA election issues would not be germane to other election issues,” Ugenti said. “There's HOA election issues in that bill.”

But there is much more in that bill involving how homeowners associations are created and limiting their regulation of rentals. No date has yet been set for a court hearing.

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