Proposed Legislation Restricting Authority of HOAs and Condo Associations
There are 2 pieces of legislation wending their way through the Unicameral that should be of interest to all of your HOA and Condo Association clients.
The first is LB 137, sponsored by Sen. Dungan. If passed, this law would prohibit certain HOA restrictions on solar energy devices and pollinator gardens, and provide a cause of action against the HOA. Specifically, this law would prohibit HOAs from enforcing restrictive covenants that would prohibit or outright restrict solar energy devices and pollinator gardens. It’s very important to let your HOAs know about this proposed legislation. They might be opposed to these restrictions on their authority, and might want to call their Senator about it. And more importantly, your HOA clients need to be aware of the potential liability that the HOA can incur because of this proposed legislation.
The next one is LB 360, sponsored by Sen. Conrad. This provides for restrictions on the regulation of political signs by HOAs. It prohibits HOAs from adopting or enforcing restrictive covenants that prohibit a property owner from displaying political signs 90 days before an election and ending 10 days after the election. My guess is that many HOAs would be opposed to this legislation. It doesn’t affect Condo Associations as much. But I’ve read every single Declaration controlling HOAs in Omaha. And a good number of them absolutely prohibit political signs in the neighborhood. Now, some HOAs don’t really care and never enforce these restrictions. But I’ve had a lot of HOAs call me and have me send letters to owners reminding the owners that political signs are prohibited. If this legislation passes, HOAs will no longer be able to enforce this prohibition on political signs. I urge you to talk to your HOA clients and see if they have any concern about this legislation.
Also, you should join my Facebook Group. And you should tell all of your Association clients to take a look at it and hopefully join. There’s a lot of very helpful information there about many topics of great interest to all HOAs and Condo Associations. This site gives you access to all of these Associations. My Facebook Group is called:
OMAHA HOA AND CONDO ASSOCIATION
Related Attorneys
