For better or for worse, SB 100 has just become law. (Please click here to view the full text of SB 100). Although most of SB 100 takes effect on January 1, 2006, associations need to be aware that the following sections have taken effect immediately on the Governor’s signature:

• A provision that grants homeowners broad rights to xeriscape their property;
• A provision that protects homeowners’ rights to patriotic and political expression through the display of flags and political signs;
• A provision that restricts an associations ability to prohibit the parking of emergency vehicles in their community under certain conditions;
• A provision that prohibits associations from preventing their owners from executing defensible space plans and replacing flammable roofing materials; and 
• A provision that declares that the necessary percentage of affirmative votes needed to amend a declaration may be no higher than 67%. Any association’s documents that specify a higher percentage will be deemed to read 67%.

Introduced into the Senate in the beginning of 2005 legislative session, SB 100 was an attempt by its sponsors (Senator Hagedorn and Representative Carroll) to address certain perceived abuses by Associations and boards by bolstering homeowners’ rights. Despite the sponsors’ best intentions, the initial version of SB 100 posed many problems to the efficient operation of homeowner associations and promised to increase litigation and conflict between associations and homeowners. Through much discussion and compromise, SB 100 evolved and many of the objectionable provisions were modified or removed from the bill. Now as law, SB 100 contains provisions that will help association governance, as well as provisions that will hinder association governance. (Please click here for a comprehensive outline of the bill’s provisions and compliance requirements)