SENATE BILL REPORT

SB 5083

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, March 12, 2013

Title: An act relating to political yard signs in homeowners' associations.

Brief Description: Concerning the display of political yard signs in homeowners' associations.

Sponsors: Senators Benton, Shin, Carrell, Kline and Hasegawa.

Brief History:

Committee Activity: Financial Institutions, Housing & Insurance: 1/22/13, 1/29/13 [DP].

Passed Senate: 3/12/13, 49-0.

SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE

Majority Report: Do pass.

Signed by Senators Hobbs, Chair; Mullet, Vice Chair; Benton, Ranking Member; Fain, Hatfield, Nelson and Roach.

Staff: Alison Mendiola (786-7483)

Background: Homeowners' associations generally levy and collect assessments, manage and maintain common property for the benefit of the residents, and enforce covenants that govern developments. The authority to carry out these functions comes from governing documents, such as the declaration of covenants, conditions, and restrictions.

Restrictive covenants are recorded in property deeds and may regulate broad issues. A person who purchases property governed by a homeowners' association, and subject to restrictive covenants, becomes a member of the association and must generally abide by the restrictive covenants.

Under current law, governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yards signs.

Summary of Bill: The governing documents of a homeowners' association may not prohibit the outdoor display of political yard signs by an owner or resident before any public election.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: None.

Persons Testifying: No one.