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Municipal Association opposes bill to let towns enforce private covenants; committee re-refers measure
Summary
A bill that would allow municipalities to enforce private covenants drew opposition from the Municipal Association on grounds it would create enforcement expectations and legal risk; the Senate subcommittee voted to re-refer the bill for further work.
A proposal to empower municipalities to enforce private covenants prompted opposition from municipal officials and was re-referred for additional work by the Senate Subcommittee on Housing.
The measure, Senate Bill 175, would allow towns and cities to enforce private homeowners’ association covenants and condominium restrictions. The Municipal Association warned that granting that authority could create an expectation among residents that municipalities would take on private-contract enforcement and expose political subdivisions to potential lawsuits.
Why it matters: Supporters argued municipal enforcement could help buyers and residents in communities governed by private covenants who lack access to association records or enforcement. Opponents said such a role is not traditionally a municipal responsibility and could lead to discriminatory enforcement or litigation against towns and cities.
What was said: Senator Reardon discussed the bill and said he would be “fine to either retain the bill, use the future vehicle, or more likely just move ITL.” A representative of the Municipal Association (called to the mic as Shay) told the committee that municipalities generally do not enforce private agreements and that doing so could create expectations by property owners and increase legal exposure: “municipalities don't have to be enforcing private agreements, especially if those private agreements could be discriminatory. That would lead to lawsuits.”
Committee action: The subcommittee voted to re-refer SB 175 (recommendation to re-refer to 01/1975) so sponsors can work on amendments intended to make the proposal more palatable to cities and towns.
Next steps: The bill will return to the subcommittee for further drafting and consultation with municipal stakeholders before the subcommittee decides whether to recommend passage, kill the bill or adopt an amended vehicle.
