January 2011

On January 31, 2011, Senate Bill 11-122 (“SB 122”) was introduced in the Colorado Senate. Sponsored by Senator Lundberg for the second year in a row, the intent of the legislation is to obtain the highest bid possible on property at a public trustee foreclosure sale. The philosophy behind the bill is to get the price bid up high enough at the sale to have excess proceeds available to be distributed to the individual who loses his or her home in foreclosure. All good intentions aside, SB 122 attacks the lien rights of homeowner associations in Colorado.  Continue Reading Junior Lien Bill Introduced in the Colorado Senate – Round II for Community Associations

On Friday, January 28, 2011, the U.S. Department of Housing and Urban Development (“HUD”) announced that it was extending the “anti-flipping” waiver through December 31, 2011. 

As a general rule, FHA regulations prohibit insuring a mortgage on a home which is owned by a seller for less than 90 days. However, given the continued foreclosure crisis, HUD has extended the waiver of this requirement for the duration of 2011 to promote the quick resale of homes. Continue Reading HUD Extends “Anti-Flipping” Waiver

This morning at CAI’s Wake-Up Call breakfast meeting, Aaron Acker – the HOA Information Officer for the Colorado Division of Real Estate (“Division”) – announced that pre-CCIOA communities will not be required to register with the Division. This means that associations created before July 1, 1992, will not be required to comply with the registration requirement. Continue Reading Pre-CCIOA Communities Exempt from HOA Registration

In response to the crisis where lenders were foreclosing on an unprecedented number of homes in Colorado, in 2009 Governor Ritter signed into law a Foreclosure Deferment Program (“Program”) which is currently scheduled to expire on June 30, 2011. The Program provides eligible homeowners with an opportunity to defer public trustee foreclosure sales on their homes for a period of up to 90 days while they pursue options to remain in their homes.Continue Reading Extension of the Foreclosure Deferment Program Powers Through the Colorado House

In August of 2008, the Colorado Common Interest Ownership Act was amended to create C.R.S. 38-33.3-106.7 which prohibits unreasonable restrictions on the installation of “energy efficiency measures” in community associations. At the same time, at C.R.S. 38-30-168, a statute on the books since 1979 addressing the installation of “solar energy devices” in community associations was amended to more fully address the installation of solar panels and to permit residential windmills in associations. Representative Andy Kerr, a champion of green energy, was the sponsor of these significant revisions to Colorado law. Continue Reading House Bill 1103 – Tax Breaks for Windmills

The recent violence in Arizona and the convention of the 112th Congress have brought thoughts of civility to the front of many of our minds. Even in Colorado, legislators bicker over whether to adopt a civility pledge.

http://blogs.denverpost.com/thespot/2011/01/20/after-six-years-house-republicans-now-question-need-for-civility-pledge/21214/

People have differences of opinion at all levels of governance – homeowners and condominium associations included. Sometimes these differences are based in a genuine disagreement over what is best for the community. Other times, the disputes arise out of personal feelings, partisanship, and even the desire to cause discord.Continue Reading The Importance of Civility

On Friday, January 21, 2011, House Bill 1124 (“HB 1124”) was introduced in the Colorado House of Representatives. Sponsored by Representative Angela Williams, HB 1124 would amend the Colorado Common Interest Ownership Act relating to conflicts of interest of individuals serving on the executive boards of homeowner associations. 

In particular, the legislation would require directors to…

House Bill 1110 (HB 1110) was introduced today in the Colorado House of Representatives. Sponsored by Representative Cindy Acree, HB 1110 would amend the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) to extend some provisions of the Colorado Common Interest Ownership Act (“CCIOA”) and other requirements to “Residential Nonprofit Corporations” which are defined in the legislation as “a nonprofit corporation that has residential members.” Based upon current provisions of the legislation, it is clear that most homeowner associations in Colorado would be required to comply with the requirements of the bill.  In addition, members of associations would fall within the definition of "residential member."Continue Reading HOA-Related Bill Introduced in Colorado House of Representatives

The website for the HOA Information and Resource Center, created by the Colorado Division of Real Estate (“Division”), is up and running. The website currently provides information on the HOA Registration, methods that can be utilized for homeowners to submit complaints to the Division, consumer resources and contact information for Aaron Acker – the HOA…