Molly Foley-Healy

Subscribe to Molly Foley-Healy's Posts

The Colorado Division of Real Estate (“Division”) has published a Position Statement on whether common interest communities formed before July 1, 1992 (commonly known as “pre-CCIOA communities”) are required to comply with the new HOA Registration requirements. In the Position Statement, the Division noted that “The interpretation of whether the registration requirement applies to entities not formed under CCIOA has caused significant confusion amongst homeowners’ association registrants.” Continue Reading Position Statement on HOA Registration for Pre-CCIOA Communities Published

For a moment I thought I was reading an excerpt from a Sidney Sheldon thriller – instead of an article in the Las Vegas Review Journal (“Journal”) reporting on an alleged fraud scheme centered on HOAs. 

The Journal was reporting on a federal investigation relating to an alleged “scheme to rig homeowner association board elections to position conspirators, including former police officers, who would push the boards to file construction defect lawsuits against builders. Legal work and multimillion-dollar repair contracts then would be funneled to associated lawyers and companies.”Continue Reading Federal Probe Into HOA Fraud Scheme in Nevada – Who would have thunk it?!

As we approach the midpoint in the 2011 Colorado legislative session, it’s worth taking a moment to reflect on how homeowner associations (“HOAs”) are present in the mind of many legislators in the Colorado General Assembly and trends we are seeing legislatively. Here are some observations:Continue Reading Homeowner Associations – The Legislative Gift That Keeps on Giving

As we have been reminding you for several months now, the deadline for homeowner associations (“HOAs”) to register with the Colorado Division of Real Estate (“Division”) without incurring penalties is today! As reported in our December 17th blog posting, the Division granted a grace period through February 28, 2011 for HOAs to register. Here’s some important information you need to know if your association has not yet registered:Continue Reading HOA Registration – Today is the Deadline to Register Without Penalty!

The Colorado House of Representatives has passed House Bill 11-1124 (“HB 1124”) on third reading, which means the bill has cleared the full House and will now be referred to the Senate for action.  The Senate sponsor of HB 1124 is Senator Morgan Carroll.  Once the bill has been formally referred to the Senate, it will be assigned to a committee and scheduled for a hearing.  Continue Reading HOA Conflict of Interest Bill (HB 1124) Clears the Colorado House of Representatives

At the request of Representative Deb Gardner, the sponsor of House Bill 11-1197 (“HB 1197”), the bill was postponed indefinitely today by the House Economic and Business Development Committee. What does that mean? It means that HB 1197 is dead for this legislative session.Continue Reading Colorado Bankers Association Derails Superlien Bill at the 11th Hour

CAI’s Colorado Legislative Action Committee (“CLAC”) and members of CAI’s Attorney Committee have been working diligently on a rewrite of House Bill 11-1197 (“HB 1197”). As originally introduced, HB 1197 would have had a detrimental affect on the superlien which homeowner associations rely upon under the Colorado Common Interest Ownership Act (“CCIOA”). 

Representative Gardner, the sponsor of HB 1197, has worked closely with us and other stakeholders to rewrite the bill in a manner that is positive for everyone involved. As a result of these efforts, a strike-below has been drafted which will be heard by the House Economic and Business Development Committee on Thursday. Simply put, a strike-below means the provisions of the original bill are completely stricken and replaced with the language contained in the strike-below.Continue Reading Important Update from CAI’s Colorado Legislative Action Committee On the Superlien Bill (HB 1197)

The House Local Government Committee has just passed an overhauled version of House Bill 11-1124 (“HB 1124”) out of Committee on a 10-1 vote with a favorable recommendation to the full House of Representatives. The version passed by the Committee, known as a strike-below, does not include any of the onerous provisions contained in the original version of HB 1124 as described in our January 22nd blog posting.Continue Reading Overhauled Version of HB 1124 Passes Out of Committee

HB 1110

On February 9th, House Bill 11-1110 (“HB 1110”) was passed by the Colorado House of Representatives and was referred to the Senate where it has been assigned to the Senate Committee on Business, Technology and Labor. HB 1110 is currently scheduled to be heard by the Senate Committee on Monday. Continue Reading House Bills 1110 and 1124 Being Heard in Committee on Monday