Effective Date: August 10th, 2022
Key points:
Preservation of Access: Homeowners' associations (HOAs) must preserve and protect unit owners' ability to use and enjoy common elements, prohibiting unreasonable restrictions or prohibitions on access.
Restrictions During Maintenance: Access to common elements can only be restricted during maintenance, repair, replacement, or modification to:
Protect the safety of individuals, including unit owners and maintenance personnel.
Preserve the structural integrity of the repair, replacement, or modification.
Notification Requirements: If access to common elements is restricted for more than 72 hours, HOAs must:
Provide electronic or written notice to each unit owner, including:
An explanation of the reason for the restriction.
The estimated duration of the restriction.
Contact information for questions or concerns.
Post visible, clearly legible notices at each physical access point to the affected common element.
This legislation aims to balance the necessary maintenance of common areas with homeowners' rights to access and enjoy these shared spaces.
