H.B. No. 0160

Subdivisions-homeowner's associations.

 

Sponsored By:     Representative(s) Childers, Buchanan, Hammons and Lubnau and Senator(s) Coe, Peterson and Vasey

 

AN ACT relating to subdivisions; defining water supply systems; requiring homeowners associations in subdivision plans as specified; requiring arbitration or mediation for disputes between members of homeowner associations; requiring notice of ownership of appurtenant mineral estates in subdivisions; and providing for an effective date.

 

1/9/2007    Bill Number Assigned

1/11/2007   H Received for Introduction

1/12/2007   H Introduced and Referred to H07

1/26/2007   H07 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Brown, Gentile, Gilmore, Illoway, Martin, Quarberg, Walsh and Zwonitzer, Dn.

Excused:  Representative(s) Miller

Ayes 8    Nays 0    Excused 1    Absent 0    Conflicts 0

 

1/26/2007   H Placed on General File

 

HB0160HS001/ADOPTED  (CORRECTED COPY)

Page 3-line 6           After "systems" insert "and assessments against all parcels of land in the subdivision to defray the costs thereof".

Page 3-line 20          Delete "annually".

Page 3-line 21          After "clerk" insert "initially and upon any change of the person designated".

Page 4-line 18          Delete "Mediation".

Page 4-lines 19 through 24    Delete entirely.

Page 5-lines 1 through 5            Delete entirely.

Page 5-line 6           Delete "civil action." insert "The board of county commissioners may make available a list of qualified mediators, from which the parties to the dispute shall choose a mediator.".  ILLOWAY, CHAIRMAN

 

HB0160HW001/ADOPTED

Page 1-line 4           After "associations;" insert "requiring notice of ownership and development of appurtenant mineral estates in subdivisions;".

Page 1-line 10          Delete "a new paragraph (xii)" insert "new paragraphs (xii) and (xiii)".

Page 3-After line 23    Insert:

"(xiii)  A statement which identifies all owners and lessees of the surface and subsurface mineral estate of the land to be subdivided and summarizing existing mineral leases and past mineral exploration and development on or under the land.  The applicant shall provide evidence that all owners and lessees of the surface and subsurface mineral estate of the land to be subdivided have been notified by certified mail of the application for a subdivision permit.".  CHILDERS

 

1/31/2007   H Passed CoW

2/1/2007    H Passed 2nd Reading

2/2/2007    H Laid Back Pursuant to HR 9-3

 

HB0160H3001/ADOPTED

Page 1-line 4           In the Childers committee of the whole amendment (HB0160HW001/A) to this line, delete "and development".

Page 3-After line 23    Delete the Childers committee of the whole amendment (HB0160HW001/A) to this line, and insert:

"(xiii)  A statement which identifies all owners, as recorded in the records of the county in which the property is located, of the surface and subsurface mineral estate of the land to be subdivided.  The applicant shall provide evidence that all owners of the surface and subsurface mineral estate of the land to be subdivided have been notified by certified mail of the application for a subdivision permit.  If the permit is approved the board shall require the applicant to give notice on the plat that the surface estate of the land to be subdivided is subject to full and effective development of the mineral estate.".  CHILDERS

 

2/5/2007    H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brown, Buchanan, Childers, Craft, Diercks, Dockstader, Edwards, Esquibel, F., Gentile, Gilmore, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Miller, Petersen, Samuelson, Shepperson, Slater, Thompson, Throne, Wallis, Walsh and Warren

Nays:  Representative(s) Brechtel, Cohee, Davison, Edmonds, Esquibel, K., Gingery, Jones, Mercer, Meyer, Millin, Olsen, Philp, Quarberg, Semlek, Simpson, Steward, Teeters, White, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 40    Nays 20    Excused 0    Absent 0    Conflicts 0

 

2/6/2007    S Received for Introduction; No Further Action Prior to CoW Cutoff