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

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

The Consumer Financial Protection Bureau has just released new mortgage guidelines which are intended to ensure that purchasers of homes have the ability to pay the costs associated with their homes which includes the ability to pay their HOA assessments.  Community Associations Institute (CAI), which has proactively been representing the interests of HOAs during the development of these new guidelines, has released the following information on the guidelines which will become effective in January of 2014:                                                                         

Qualified Mortgage (Ability to Repay) Guidelines Released

On January 10, the Consumer Financial Protection Bureau (CFPB) released its long-awaited federal Qualified Mortgage (QM) standard. The new federal guidelines, which are required by the Wall Street Reform and Consumer Protection Act (commonly known as the Dodd Frank Act), establish minimum requirements for all mortgage loans.

As anticipated, the QM standard considers community association assessments a key factor when determining if a borrower is qualified for a mortgage. Ensuring borrowers can afford to pay association assessments will lead to stronger communities and prevent foreclosures.                               Continue Reading New Mortgage Guidelines with Ability to Pay Provisions Released

Today is the opening day of the 2013 legislative session in Colorado!  As I mentioned in previous blog postings this week, Senator Morgan Carroll has gone on record that manager licensure and beefing up the HOA Information and Resource Center are on the drawing board.  However, we don’t expect those bills to be introduced early on…

As the 2013 legislative session is slated to begin on Wednesday, Senator Carroll has gone on record with the Colorado Springs Gazette on her commitment to pass legislation that would create an HOA Czar and to license community association managers.  The bills will be introduced in the House and are expected to receive support in both chambers which are controlled…