Representative Su Ryden (D-Aurora) has introduced House Bill 16-1217 ("HB 1217").  The bill expands the rulemaking authority of the Director of the Division of Real Estate and requires the HOA Information Officer to create statewide lists of election monitors and mediators and arbitrators who handle HOA issues.  The bill has been assigned to the House State, Veterans & Military Affairs Committee of which Representative Ryden is the Chair.  Here is what the bill provides:

1.      It gives the Director of the Division of Real Estate the rulemaking authority to change how the fees for the HOA Information and Resource Center are charged to HOAs.  The Director can choose: (1) a single per-unit annual registration fee; (2) a tiered per-unit annual registration fee; or (3) a single per-association annual registration fee. 

2.       It requires the HOA Information Officer to develop a statewide referral list for HOA election monitors.  In addition, it requires election monitors to report on a yearly basis:  (1) the number of requests they received to monitor elections for the previous year; (2) the number of elections he or she monitored the previous year; and (3) for each election monitored, the type and size of the HOA involved.

3.      Requires the HOA Information Officer to develop a statewide referral list of independent contractors who provide HOA-related mediation and arbitration services.  Each independent contractor shall report on a yearly basis:  (1) the number of requests they received to mediate or arbitrate an HOA matter received the previous year; (2) the number of HOA-related mediation cases they opened and closed the previous year; (3) the number of HOA-related arbitration cases they opened and closed the previous year; (4) the types of HOA-related cases they mediated or arbitrated during the previous year; and (5) for each case mediated or arbitrated the previous year, the type and size of the HOA involved.  These independent contractors are not permitted to disclose confidential information regarding mediations or arbitrations, unless permitted to do so by statute.

This bill is interesting, since the HOA Information Officer already has the authority to create the statewide lists of election monitors, mediators and arbitrators.  In addition, I am unaware of any financial difficulties of the HOA Information and Resource Center which justify the need for Director of the Division of Real Estate to be given rulemaking authority to change the fee structure for financing the Resource Center.

As always, keep your eye on this blog for information on HB 1217 as it proceeds through the legislative process.