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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 change was prompted by complaints of selective or retributive enforcement that can result in liens or fines against homeowners.
Multiple residents and homeowners testified in support. Suzanne MacKay said she had experienced selective enforcement in multiple HOAs and worried that boards could use enforcement powers vindictively. Mike Mierasco recounted a local episode where board leaders allegedly enforced matters outside their authority despite city attorneys telling the HOA they were overreaching.
Committee members asked detailed procedural and definitional questions about how courts would interpret "equally and consistently," whether a complaint‑driven enforcement regime counts as consistency, and whether the bill would unintentionally require HOAs to police every violation constantly. Hinkle said the provision is intended to clarify when the eight‑year clock is reset and to give homeowners a defensible record; he said he was open to refining statutory language to define consistency.
The hearing closed with committee members urging drafting precision; no opponents registered online. Hinkle said the bill was intended to provide homeowners a clear defense against sudden or selective enforcement that can lead to liens or unexpected fines.
What's next: HB147 is in committee; lawmakers and stakeholders signaled interest in tightening definitions so courts and HOAs have clearer standards for enforcement and defense.
