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Hearing on HOA enforcement bill: sponsor seeks defense for homeowners after inconsistent enforcement
Summary
Representative Jedidiah Hinkle told the committee HB147 would let parcel owners assert a defense that a covenant was abandoned when enforcement was not equal or consistent, addressing selective enforcement by HOA boards; resident witnesses gave examples of alleged retributive fines and overreach.
Representative Jedidiah Hinkle opened House Bill 147, explaining the bill would allow a parcel owner to assert as a defense that a covenant, condition or restriction has been abandoned if there is evidence that the covenant was not enforced "equally and consistently" over a prescribed period (the sponsor referenced the existing 8‑year statutory period for abandonment defenses and proposed a two‑year window to define consistent enforcement patterns). Hinkle said the…
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