1st Sub.
S.B.
90
CONDOMINIUM AND COMMUNITY ASSOCIATION AMENDMENTS
House Floor
Amendments
item exists in a previously approved annual budget of the association that was not vetoed, the association
shall fund the reserve account in accordance with that prior reserve fund line item.
(8)(a) Subject to Subsection (8)(b), if an association does not comply with the requirements
described in Subsection (5), (6), or (7) and fails to remedy the noncompliance within the time specified in
Subsection (8)(c), a lot owner may file an action in state court for:
(i) injunctive relief requiring the association to comply with the requirements of Subsection (5),
(6), or (7);
(ii) $500 or the lot owner's actual damages, whichever is greater;
(iii) any other remedy provided by law; and
(iv) reasonable costs and attorney fees.
(b) No fewer than 90 days before the day on which a lot owner files a complaint under Subsection
(8)(a), the lot owner shall deliver written notice described in Subsection (8)(c) to the association.
(c) A notice under Subsection (8)(b) shall state:
(i) the requirement in Subsection (5), (6), or (7) with which the association has failed to comply;
(ii) a demand that the association come into compliance with the requirements; and
(iii) a date, no fewer than 90 days after the day on which the lot owner delivers the notice, by
which the association shall remedy its noncompliance.
(d) In a case filed under Subsection (8)(a), a court may order an association to produce the
summary of the reserve analysis or the complete reserve analysis on an expedited basis and at the
association's expense.