Since some HOAs are located in special districts that regulate domestic water or sanitary sewer services, I thought you might be interested in House Bill 13-1186 ("HB 1186") which was introduced in the Colorado House of Representatives yesterday by Representative Edward Vigil.
HB 1186 requires a special district that provides domestic water or sanitary sewer services to…
If you’ve ever flipped through a pop magazine, I’m sure you’ve seen the articles that show pictures of celebrities and how they are “just like us”. While those stories usually depict celebrities going to the grocery store or taking public transportation, I recently read an article in which a former Playboy model allegedly violated her association’s rules by constructing a pink doghouse for her three dogs. For some reason, the pink doghouse did not comply with her Association’s rules and regulations. Continue Reading Even Celebrities Have to Follow the Rules
Late yesterday afternoon, I blogged that SB 126 had just been introduced in the Colorado Senate by Senator Lucia Guzman. In addition to the provisions outlined in my blog yesterday, the bill provides that associations would be permitted to apply for funds from Colorado’s Electric Vehicle Grant Fund. The amount of funds that would be made available for the installation of electric car charging stations in HOAs is
Senate Bill 13-126 (“SB 126”) was introduced by Senator Lucia Guzman today in the Colorado Senate. The bill, which is intended to provide consumers with the ability to charge electric cars in apartments, condominiums and common interest communities, is quite extensive and could have significant implications for existing condominiums. Here’s a synopsis of how the bill, as originally introduced, impacts associations:Continue Reading Extensive Electric Car Charging Station Bill Impacting HOAs Just Introduced in the Colorado Senate
On January 25th, a Notice of Proposed Rulemaking was published by the Colorado Department of Regulatory Agencies (“DORA”) in The Colorado Register to address a wide variety of issues – including the towing of vehicles from private property.
Currently under Colorado law, HOAs are permitted to enter into a contract with a towing company to have the company act as an agent of the association to determine whether a vehicle should be towed. In other words, associations can currently hire a towing company to periodically patrol for parking violations and tow vehicles which are parked in violation of an association’s covenants, rules and regulations.
While some associations contract directly with a towing company to patrol for parking violations and to tow when appropriate, other associations utilize a practice where a member of the board or a managing agent contacts the towing company to request that a vehicle be towed.
While upon initial review it doesn’t seem this latter practice would be impacted by the proposed changes to the Public Utilities Commission rules regulating towing, the former practice would not be permissible. However, in addition to dealing with the issue of towing companies acting as the agent for associations, the proposed rules should be clarified to ensure that managers and managements companies have the authority to authorize a tow. Continue Reading Proposed Changes to Towing Regulations Could Negatively Impact HOAs
Last week, Senator Mark Scheffel introduced Senate Bil 13-052 ("SB 52") which addresses construction defect claims for "transit-oriented developments." These developments are defined in the bill as " . . . any multi-family residential or mixed-use project within one-half mile of any commuter rail stop, commuter light rail stop, or commuter bus stop." Obviously, many HOAs in the greater Denver area would fall within this definition.
As introduced, SB 52 would:Continue Reading Senate Bill Introduced to Address Construction Defects in “Transit-Oriented Developments”
As Chair of CAI’s Colorado Legislative Action Committee ("CLAC") and a political junky, I avidly follow federal and state legislative and regulatory initiatives relating to HOAs. If you follow our blog, you know that on Friday Representative Su Ryden introduced HB 1134 which significantly increases the obligations and authority of the HOA Information Office & Resource Center and the HOA Information Officer.
Not speaking as Chair of CLAC or a representative of Community Associations Institute, but speaking as an attorney who specializes in HOA law and who works daily with HOAs to address a variety of issues and challenges, I have to say that HOA legislation should address significant and pervasive problems in an efficient and cost effective manner. Continue Reading Common Sense and Affordable Legislative Approaches Must Be a Priority
We are often asked to review rules and regulations for our clients during the cold winter months, before the community pool becomes the haven of unsupervised children running wild on summer break. Our clients are shocked when we advise them that their rules could cause problems under the federal Fair Housing Act.
It seems reasonable to impose rules limiting access to attractive nuisances like swimming pools, but some courts have held that rules restricting or limiting access to pools, clubhouses, and park facilities on the basis of age violate the Fair Housing Act’s prohibition against discrimination on the basis of familial status.Continue Reading Fair Housing – Take a Look at Your Rules!
On Friday, House Bill 13-1134 ("HB 1134") was introduced by Representative Su Ryden in the Colorado House of Representatives to broaden the authority of the HOA Information Officer and to clarify the responsibilities of the HOA Information and Resource Center. The primary sponsor of the bill in the Senate is Senator Morgan Carroll.
While the HOA Information Office and HOA Information Officer are currently authorized to facilitate the registration process, provide information, collect complaints and publish an annual report on the complaints, this bill broadens the authority as follows: Continue Reading Bill Introduced in Colorado House to Broaden Authority and Responsibility of HOA Information Office
We frequently talk about directors’ “fiduciary duties” to their associations and their members. While CCIOA seems to say that non-declarant directors do not have a fiduciary duty (it says no director nor officer shall be liable for actions taken or omissions made in performance of such person’s duties except for wanton and willful acts or omissions), Colorado courts continue to talk in terms of fiduciary duty. So what is a fiduciary duty?Continue Reading Directors’ Duties
