2010 Senate Bill 1256

Authorize majority vote on condo deed restrictions

Introduced in the Senate

April 14, 2010

Introduced by Sen. Jason Allen (R-37)

To allow a condominium association whose original developer is no longer active to modify deed restrictions and covenants that “run with the land” with a simple majortity vote of the owners. Under current law, changing these covenants requires a two-thirds vote. The bill is said to have been introduced to accomodate some owners of the "Lakes of the North" project.

Referred to the Committee on Local, Urban, and State Affairs

June 24, 2010

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

July 1, 2010

Substitute offered

To adopt a subsitute that allows condominium deed restrictions and covenants to be modified by a majority of just those who vote, rather than a majority of all owners (who under current law can still vote by proxy if absent). Also, to limit the scope of bill to just a condo with at least 4,000 co-owners, which would include the "Lakes of the North" project.

The substitute passed by voice vote

Passed in the Senate 38 to 0 (details)

To allow a condominium association whose original developer is no longer active, and that has at least 4,000 co-owners, to modify deed restrictions and covenants that “run with the land” with a simple majority of those owners who vote. Under current law, changing these covenants requires the approval of two-thirds of all owners, not just a simple majority of those voting. The bill is said to have been introduced and modified to accomodate some owners of the "Lakes of the North" project.

Received in the House

July 1, 2010

Referred to the Committee on Intergovernmental, Urban, and Regional Affairs