HB 2562

Abstract

Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires a common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Provides that when a common interest community building, condominium building, or residential rental property has a cooling system or heating system or both serving the entire building or premises, including individual units, the common interest community association, unit owner's association, or landlord shall comply with specified standards with respect to the individual units in which people or tenants live during the cooling and heating seasons. Provides that when a building or premises does not have a building-wide or premises-wide cooling system that serves individual units, then the association or landlord shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit, and all occupants or tenants of the building or premises shall have free access to that cooled space. Provides that the provisions only apply to associations in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older, or to residential rental property in which rental or occupancy is limited to persons 55 years of age or older.