SB569 H JUD AM 3-9 #1

    The Committee on the Judiciary moves to amend the bill on page jone, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

“ARTICLE 1. GENERAL PROVISIONS.

§36B-1-203. Applicability to new common interest communities. - Exception for small and limited expense liability planned communities.

    If a planned community (1) Contains contains no more than twelve units and is not subject to any development rights ; or

    (2) Provides, in its declaration, that the annual average common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed three hundred dollars as adjusted pursuant to section 1-114 (adjustment of dollar amounts), it then the planned community is subject only to sections 1-105 section one hundred five of this article (separate titles and taxation), 1-106 section one hundred six of this article (applicability of local ordinances, regulations and building codes) and 1-107 section one hundred seven of this article (eminent domain), unless the declaration provides that this entire chapter is applicable.”