2014

Yesterday, House Bill 14-1143 (“HB 1143”) was introduced to address how storage condominium units are taxed. According to the legislation, residential real property is taxed at 7.96% while commercial property is tax at 29%. As a result, the bill makes it possible to classify storage condominium units which are utilized for residential purposes as “residential improvements” clearing the

House Bill 14-1125 (“HB 1125”) was introduced today by Representative Diane Mitsch Bush (D-Steamboat Springs) to fix an inadvertent oversight in the association records law which was overhauled during the 2012 legislative session and went into effect on January 1, 2013. Currently, the Colorado Common Interest Ownership Act (“CCIOA”) prohibits associations from publishing the telephone numbers and email addresses of members. Obviously, this limits the information associations may publish in membership directories. 

HB 1125 permits an association to publish email addresses and telephone numbers of members and residents of the association, if those members or residents first provide written consent to their association to publish this information. Owners and residents may withdraw this written consent, but such withdrawal of consent does not require their association to go back and “change, retrieve or destroy” previously published telephone numbers or email addresses.Continue Reading Bill Introduced to Fix Oversight in CCIOA Records Provision

As required by House Bill 1134, which passed during the 2013 legislative session and was signed into law by Governor Hickenlooper, the Colorado Division of Real Estate has just published the study mandated by the bill entitled "2013 Study of Comparable HOA Information and Resource Centers." 

As reported in CLAC’s update on the 2014 legislative session

The 2014 legislative session kicked off today in Colorado as the Sixty-Ninth General Assembly convened this morning and is scheduled to adjourn on May 7th. Since this is an election year, there is no question that many bills will be introduced from both sides of the aisle to position legislators for re-election. However, for our purposes, these postings will focus solely upon HOA related bills during the session.

As Chair of CAI’s Colorado Legislative Action Committee (“CLAC”), my postings with important updates will be available for review on the following websites: CAI National, the Southern Colorado Chapter of CAI, the Rocky Mountain Chapter of CAI and on Colorado HOA Law. If the postings don’t show up simultaneously on these websites, please be patient since many folks will be involved in posting updates on their respective websites. Also, feel free to repost these updates or pass them along to folks who may find them of interest.

 

There has been a whole lot of speculation on what we can anticipate during the 2014 legislative session. However, CLAC is going to stick to the facts as we know them and based upon the information we currently have, here is what you need to know:Continue Reading Ready, Get Set, Go!

Happy New Year from all of us at Winzenburg, Leff, Purvis & Payne! As we begin 2014, I thought I would continue with my annual tradition of providing HOA boards with New Year resolutions for consideration. This year, please consider the following resolutions with a focus on building community and putting a halt to disputes before they

Has your association increased, or even decreased, its annual assessment fees for 2014? If so, it is important that the association follow its governing documents when providing notice of the change to all owners.   In addition to providing owners with proper notice of any change, the association should also notify its attorney. This will help to ensure that any accounts and/or payment plans that are with the attorney for collection are properly noted, and any increase is accurately accounted for and collected.  Continue Reading 2014 Annual Assessments