Molly Foley-Healy

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House Bill 14-1125 (“HB 1125”), introduced in the House of Representatives by Representative Diane Mitsch Bush (D-Steamboat Springs), has cleared the House with no amendments and was introduced just yesterday in the Senate and assigned to the Senate Local Government Committee. Senator David Balmer (R-Centennial) is the Senate sponsor of the bill. 

As you will recall, 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. Also, the bill permits owners and residents to electronically provide or withdraw their consent to their associations.Continue Reading HOA Records Bill Clears Colorado House of Representatives

For many folks, Valentine’s Day is traditionally thought of as a day of roses, chocolate, stuffed bears, hugs and kisses. I would like to get a bit off the traditional track of Valentine’s Day and wonder aloud if you are feeling the love in your HOA. So are you?  

As homeowners, residents, board members and managers in…

This afternoon, House Bill 1125 (“HB 1125”) was taken up by the House Business, Labor, Economic & Workforce Development Committee (“House Business Committee”) for consideration. As you will recall, HB 1125 is intended 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. Also, the bill permits owners and residents to electronically provide or withdraw their consent to their associations.Continue Reading HB 1125 Unanimously Clears House Business Committee

While folks were understandably concerned about an onerous transfer fee bill proposed by Representative Jeanne Labuda (D-Denver), and some even publicly announced that introduction and passage of the bill was a foregone conclusion, CAI’s Colorado Legislative Action Committee (“CLAC”) is pleased to announce that Representative Labuda has completely rewritten her proposed transfer fee bill to instead require managers and management companies to disclose the fees they charge and funds they receive related to their relationship with the HOAs they manage.

HB 14-1254 (“HB 1254”) was introduced today in the Colorado House of Representatives with Representative Labuda as the House Sponsor. Senator David Balmer (R-Centennial), who has been a champion of fair and balanced HOA legislation which also provides important consumer protections, has signed on as the Senate sponsor of the bill. Continue Reading Proposed Transfer Fee Bill Rewritten to Require Transparency

Senator Owen Hill (R-El Paso) has just introduced Senate Bill 14-140 (“SB 140”) which would impact the lien rights of those HOAs which fall within the Colorado Common Interest Ownership Act (“CCIOA”) exception for small new cooperatives and small and limited expense planned communities. In order to be permitted to record liens for past due assessments, to…

House Bill 14-1165 (“HB 1165”) was introduced yesterday in the Colorado House of Representatives by Representative Randy Fischer (D-Larimer County). The bill would cap the retainage permitted in construction contracts to 5% and would render unenforceable provisions in these contracts with higher a retainage. This bill would impact construction contracts for all HOAs with more than 4 units. In other words, almost every HOA in Colorado could be impacted by this bill.

A retainage in a construction contract is the money held back from payment to the contractor until the construction project reaches substantial completion and the work is accepted by the HOA. In order to ensure the work is completed in an acceptable manner, a 10% retainage is pretty standard in construction contracts. An acceptable retainage is also motivational to contractors to complete their work in a reasonable timeframe. Continue Reading Bill Introduced to Cap Retainage on Construction Contracts

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!