Homeowners associations have new guidelines for maintaining their association documents, providing access to the association records, and conducting open meetings. Also effective January 1, a homeowners association is required to use an "expedited foreclosure" process before foreclosing against a property owner, unless the property owner gives a written waiver. The process includes obtaining a court order by the association against the property owner.
HOAs are now prohibited from foreclosing a debt that consists solely of fees charged to obtain copies of HOA records. They are also now required to apply owner's payments in the following order: first to delinquent assessments, then current assessments, and finally attorney's fees and fines. This affects the HOA's ability to foreclose. The HOA is further required to give notice to the property owner before the HOA can take certain actions against the owner, including foreclosure proceedings, that informs the owner that he/she may have special rights or relief if the owner is on active military duty.
And finally, property owners can now vote to add or remove an HOAs foreclosure power, with a two-thirds vote by the association members.
