Deputy Secretary of State agrees to post plain‑language HOA guidance if S.328 is amended, but cautions on capacity

Lauren Hibbert, deputy secretary of state, told the House Committee on General and Housing on April 10 that the Secretary of State’s office can post public information about common interest communities (commonly called homeowners associations or HOAs) on its website to help residents find relevant statutes. Hibbert said the office would "point people to the law" and provide guidance on where to look, but must be careful about taking on responsibilities that would require additional funding or staff.

The committee is considering S.328, a housing omnibus bill from the Senate that includes an amendment asking the Secretary of State to make information about common interest communities available to the public online. The bill’s lead sponsor said they were "very comfortable" with Hibbert’s proposed changes and had forwarded the revised language to legislative counsel so it can be folded into the next draft. That language removes a statutory mandate to "create and maintain a free website" and instead frames the work as providing "public information," which Hibbert said aligns better with the office’s current practices and capacity.

Hibbert described the office’s role and limits: the Secretary of State oversees professional regulation, elections, records and archives, business services and a municipal division that fields questions about open‑meeting and public‑records law. On common interest communities she said the law is "very complicated" and "location specific," and emphasized the office cannot give legal or financial advice. "We can give information about the governing statutes and law," Hibbert said, and recommend that people "seek outside help, outside experts" when appropriate.

Committee members urged the office to present the material in plain language for lay readers and to define terms that cause confusion, such as noting that a "common interest community" may be commonly known as an "HOA." Members also asked the proposed web content to explicitly state that state law supersedes conflicting HOA bylaws. Hibbert agreed to refine the draft language and add definitions and a clearer paragraph on conflicts between bylaws and state law.

On process, Hibbert said she had provided modified language to the amendment and would work with legislative counsel to ensure the committee’s edits are reflected in the next draft. The sponsor said they would forward the council’s edits back to Hibbert for final review before the committee considers the next version of S.328. No formal vote on the amendment was recorded during the session.

The committee also discussed user‑experience choices—frequently asked questions, plain‑language summaries and search tools—that could help residents locate relevant statutes without requiring the office to provide individualized legal counsel. Hibbert reiterated that the office is a small team and must balance accessibility improvements against staffing and funding constraints.

The committee scheduled further drafting and review work on S.328; members were asked to send suggested edits through legislative counsel for incorporation into the next committee draft.