Committee adopts amendment to construction-defect bill; limits application to post-enactment condominium declarations

The Senate Committee on Housing and Development on May 21 adopted the A-5 amendment to House Bill 3746A and advanced the bill with a due-pass recommendation. The amendment, as presented to the committee, narrows the bill to apply only to condominiums whose declarations are filed after the measure’s effective date and excludes condominiums where each unit owner is responsible for both interior and exterior maintenance.

Why it matters: The bill reforms processes for handling construction-defect claims, particularly for homeowners associations and condominium associations. Committee members said inspection requirements in the amendment would add consumer protections; supporters argued the changes could help get more condominiums available for homeownership.

Key provisions: The A-5 amendment defines the temporal scope (post-enactment declarations), sets inspection timelines and requirements, and gives an association the option to have contractors, subcontractors, or suppliers pay an amount equal to the cost of remediation rather than perform the remediation. Committee staff reported a minimal fiscal impact and no revenue impact with the amendment.

Committee action: Vice Chair Anderson moved adoption of the A-5 amendment; the amendment was adopted with no objection. Vice Chair Anderson then moved the bill as amended to the floor with a due-pass recommendation; the committee approved the motion and assigned a senator to carry the bill on the floor.

Attribution and source: Committee summary read by committee staff (El Pro); members’ brief remarks in support were recorded in the committee proceeding.