The Colorado Division of Real Estate has published the 2014 Annual Report of the Colorado HOA Information and Resource Center. This report provides a great deal of information on the registration of HOAs in Colorado and a general overview of complaints received by the HOA Information & Resource Office ("Office") relating to associations.
You will notice that during 2014, the…
In an unexpected and outstanding turn of events, the House State, Veterans & Military Affairs Committee, in a bipartisan 6 to 5 vote, reported an amended version of House Bill 15-1113 ("HB 1113") out of Committee yesterday with a favorable recommendation to the full House of Representatives.
As originally introduced by Representative Kit Roupe (R-Colorado Springs), HB 1113 would…
As anticipated, the 2015 edition of the construction defect bill has been introduced in the Colorado Senate. Senate Bill 15-177 ("SB 177"), contains most of the unconscionable provisions of the 2014 bill – SB 220. However, the legislative insanity on construction defects got even nuttier this year!
Get this, SB 177 requires that HOAs must obtain the written consent of a…
House Bill 15-1040 ("HB 1040"), which was introduced by Representative Dan Thurlow (R-Grand Junction), was just killed on a 6 to 5 vote in the House State, Veterans & Military Affairs Committee. As originally introduced, the bill would have destroyed the requirements of the new manager licensure law which are intended to protect folks living in HOAs in…
This morning as I was driving to work, I was thinking about the interpersonal conflict I have recently been observing in some HOAs. While it may be convenient for folks to blame all of the nastiness on a full moon, I truly believe much of the conflict in associations simply comes from folks not listening to each other. The truth is that deep down inside every person wants to be heard and treated with…
The Division of Real Estate has just announced that the Community Association Manager licensure exam will be available to take on February 1st! Here’s the latest news from the Division of Real Estate:
Community Association Manager Examination Available February 1, 2015
The Division of Real Estate has contracted with Psychological Services, Inc. (PSI), as the…
The Colorado Division of Real Estate has announced that a hearing on permanent rule-making for manager licensure will be held on Wednesday, March 4, 2015, at 10:00 am at the Ralph L. Carr Colorado Judicial Center in Conference Room 1D.
We have heard an outcry from management companies of every size that the emergency rules relating to insurance will put management companies out of business. This is your chance to attend the hearing to testify on insurance and other important rules which are under consideration by the Division. Since the Division has given so much advance notice of the hearing, make sure to clear your calendar for that day and attend!
Here’s the formal announcement from DORA and the Division of Real Estate:Continue Reading Hearing on Permanent Rule-Making for Manager Licensure Scheduled
Representative Kit Roupe (R-Colorado Springs) has introduced House Bill 15-1113 (“HB 1113”) in an attempt to protect HOAs in Colorado from the financial consequences of lenders continuing the sale dates of public trustee foreclosures. HB 1113 would require lenders who continue the foreclosure sale beyond the first required sale date, to pay the assessments of the individual they are foreclosing upon until the lender actually sells the home. However, in an attempt to be fair to the lenders, Representative Roupe has also built into the bill exceptions to this assessment payment requirement.
Under Colorado law, once a lender commences a public trustee foreclosure on a home, the lender is required to set the foreclosure sale date within 110 to 125 days. The lenders are then permitted to continue the foreclosure sale date for up to one year. It’s common for some lenders to continue the sale date over and over. It’s also not unheard of that after the sale date has been continued for one year, some lenders will withdraw the foreclosure and start the process and continuances all over again. Continue Reading Bill Introduced to Protect HOAs from the Financial Consequences of Prolonged Public Trustee Foreclosures
Senator Jesse Ulibarri (D-Commerce City) has introduced Senate Bill 15-079 (“SB 79”) to create a statewide affordable housing investment fund to promote the construction of affordable housing across Colorado. This is an honorable goal.
SB 79 would raise funds through imposing a $2 surcharge on every document recorded with every county clerk and recorder in Colorado. To…
As predicted, the first construction defect bill of the session has been introduced in Colorado and it’s a real whopper! Senator Ray Scott (R-Mesa County) has introduced Senate Bill 15-091 (“SB 91”), which would cut the statute of repose in half for construction defects.
While statutes of limitations and repose for construction defects can be very complicated to figure out in Colorado, the statute of repose governs the timeframe during which a homeowner can bring legal action for construction defects after substantial completion of their home has taken place. SB 91 reduces the 6 year period of time currently permitted under Colorado law to 3 years. In addition, if a defect is discovered in the second or third year after substantial completion of the home has occurred, the owner of the home will only have 1 year to bring their legal action. This provision provides a double whammy by cutting the current 2 year statute of limitations in half! Continue Reading First Construction Defect Bill is a Whopper!
