The U.S. Department of Housing and Urban Development (“HUD”) has just released a new Mortgagee Letter launching the new Condominium Project Approval and Processing Guide (“Guide”) which addresses FHA approval of condominium associations. The Guide is intended to consolidate all of pertinent information and to reconcile some of the differing opinions provided by HUD. In addition
From Capitol Hill/Legislation
HOA Information Officer Gives Synopsis of Complaints at CBA Course
Late last week, Aaron Acker and I co-presented a legislative update session at the Colorado Bar Association course Advanced HOA Issues: Communities in Distress. Aaron, the HOA Information Officer with the Colorado Division of Real Estate (“Division”), focused on the role of the Division relating to homeowners’ associations (“HOAs”) and provided a synopsis of the types of HOA-related complaints his office is receiving. Here’s an overview of what Aaron shared with the attendees:Continue Reading HOA Information Officer Gives Synopsis of Complaints at CBA Course
New ADA Pool Accessibility Standards: What HOAs Need to Know
We have been hearing a lot of buzz out in the HOA world about the new Americans with Disabilities Act (“ADA”) regulations relating to pool accessibility standards. Many associations are confused about whether these new standards apply to their communities, what exactly the pool accessibility standards require and when modifications to pools and spas must be made. For our HOA friends out there, here’s what you need to know:Continue Reading New ADA Pool Accessibility Standards: What HOAs Need to Know
HOA Registration Clean-Up Bill Dead
At long last, today is the final day of the 2011 Colorado Legislative Session. All in all, it was a good session for HOAs in Colorado. Unfortunately, the HOA registration clean-up bill (“SB 253”) was derailed by the House Majority Leader at the 11th hour.
SB 253, backed by CAI’s Colorado Legislative Action Committee (“CLAC”), was introduced to clean-up and clarify provisions of HB 10-1278 which last year created the HOA Information and Resource Center and HOA Registration – both of which are under the auspices of the Colorado Division of Real Estate. As fully discussed in our April 21st blog posting, SB 253 was intended to provide clarity and protection for HOAs from unnecessary litigation and potential legal exposure relating to the statutorily flawed registration requirement. Continue Reading HOA Registration Clean-Up Bill Dead
HOA Registration Clean-up Bill Cleans Up House Committee Votes
The HOA registration clean-up bill (“SB11-253”) passed out of the House Economic Development and Business Affairs Committee on a unanimous vote this afternoon! The bill now moves to the House Floor, where it will hopefully get approved before the first regular session of the General Assembly adjourns on Wednesday, May 11th.
Transfer Fee Bill Just Passed by House
On a 63 to 0 vote, the full House just passed the transfer fee bill ("SB 234") without amendments. The bill will next be sent to Governor Hickenlooper for consideration. We fully expect the Governor to sign SB 234 into law and are pleased to report the HOA exclusions are in the final…
Transfer Fee Bill Sails Out of Committee
Yesterday, the transfer fee bill ("SB 234") was reported without amendments on a 10 to 0 vote out of the House Committee on Local Government to the full House for consideration. Assuming SB 234 is passed on second and third readings in the House without amendment, it will then be sent to Governor Hickenlooper for…
Transfer Fee & HOA Registration Clean-Up Bills Headed to the House
With only 9 days left in the Colorado legislative session, two significant bills remain in play for HOAs in Colorado.
The transfer fee bill (“SB 234”) was passed on 3rd reading Friday by the full Senate. While the bill has been significantly amended by the Senate, the HOA provisions we outlined in our April 26th blog posting remain in place. SB 234 is currently slated to be heard Wednesday by the House Committee on State Affairs. Continue Reading Transfer Fee & HOA Registration Clean-Up Bills Headed to the House
HOA Registration Clean-Up Bill Clears Senate Judiciary Committee
Just minutes ago, the Senate Judiciary Committee on a 7 to 2 vote reported Senate Bill 11-253 (“SB 253”) with no amendments out of Committee to the full Senate for consideration. The purpose of the bill is to clean-up provisions of HB 10-1278 which last year created the HOA Information and Resource Center (“Center”) and the HOA…
HOA Provisions Still Safe in Transfer Fee Bill
After giving stakeholders time to work through proposed amendments to Senate Bill 11-234 (“SB 234”), late last week the Senate Committee on Local Government (“Committee”) referred an amended version of the transfer fee bill to the full Senate for consideration. While SB 234 has not yet been placed on the Senate Calendar to be considered on second reading, we expect the Senate will take up the bill very soon. (For the bill to be sent to the House for consideration, the Senate must pass the bill on second and third readings.)
From the HOA perspective, the good news is the provisions we really care about have remained unchanged in SB 234. In fact, the HOA-specific provisions were not the subject of controversy during the Committee hearing. The following provisions remain excluded from the definition of “Transfer Fee Covenant” in the bill and are permitted to be charged:Continue Reading HOA Provisions Still Safe in Transfer Fee Bill