Construction Defect Bill Dead for Session
Senate Bill 14-220 (“SB 220”) is dead for the session. Sponsored by Senator Jesse Ulibarri (D-Commerce City), who represents himself as an advocate for affordable housing, this bill was a molotov cocktail created to destroy the ability of homeowners living in HOAs to recover from builders for defective construction. The plan was to significantly increase the construction of condominium projects by making it impossible for builders to be held fully responsible for their shoddy construction.
SB 220 was double assigned to the Senate State, Veterans & Military Affairs Committee (‘State Affairs Committee”) and the Senate Judiciary Committee. The State Affairs Committee, which is chaired by Senator Ulibarri, held a short hearing on the bill yesterday which did not give all of the folks who were passionately against the bill a chance to be fully heard. The bill passed the State Affairs Committee on a slim 3 to 2 margin.
In order for the bill to proceed through the legislative process during the final two days of the session, the Senate Judiciary Committee needed to take up the bill last night and pass it out of committee to the full Senate for consideration. In a procedural move to protect the rights of homeowners living in HOAs to recover for defects against builders, the Senate Judiciary Committee declined to meet last night on SB 220 which kills the bill for the session.
A huge thanks goes out to Senator Matt Jones (D-Louisville) and Senator Irene Aguilar (D-Denver) who both voted against SB 220 in the Senate Affairs Committee. Their courage in standing strong during the hearing to protect the rights of homeowners was impressive. Also, Senate President Morgan Carroll (D-Aurora) and Speak of the House Mark Ferrandino (D-Denver) were instrumental and steadfast in standing for the rights of homeowners living in HOAs. Without the commitment all of these individuals maintained to protect the rights of homeowners, SB 220 would likely have proceeded through the legislative process and been signed into law.
Finally, enough thanks cannot be given to the members of CAI for responding passionately to the Calls to Action put out by CAI’s Colorado Legislative Action Committee. The legislators certainly heard your roar!
While this is a victory for HOAs and the homeowners who live in them, rest assured that the construction defect war will continue during the next legislative session.
Molly Foley-Healy is Chair of CAI’s Colorado Legislative Action Committee.