This morning at CAI’s Wake-Up Call breakfast meeting, Aaron Acker – the HOA Information Officer for the Colorado Division of Real Estate (“Division”) – announced that pre-CCIOA communities will not be required to register with the Division. This means that associations created before July 1, 1992, will not be required to comply with the registration requirement. Continue Reading Pre-CCIOA Communities Exempt from HOA Registration

In response to the crisis where lenders were foreclosing on an unprecedented number of homes in Colorado, in 2009 Governor Ritter signed into law a Foreclosure Deferment Program (“Program”) which is currently scheduled to expire on June 30, 2011. The Program provides eligible homeowners with an opportunity to defer public trustee foreclosure sales on their homes for a period of up to 90 days while they pursue options to remain in their homes.Continue Reading Extension of the Foreclosure Deferment Program Powers Through the Colorado House

In August of 2008, the Colorado Common Interest Ownership Act was amended to create C.R.S. 38-33.3-106.7 which prohibits unreasonable restrictions on the installation of “energy efficiency measures” in community associations. At the same time, at C.R.S. 38-30-168, a statute on the books since 1979 addressing the installation of “solar energy devices” in community associations was amended to more fully address the installation of solar panels and to permit residential windmills in associations. Representative Andy Kerr, a champion of green energy, was the sponsor of these significant revisions to Colorado law. Continue Reading House Bill 1103 – Tax Breaks for Windmills

On Friday, January 21, 2011, House Bill 1124 (“HB 1124”) was introduced in the Colorado House of Representatives. Sponsored by Representative Angela Williams, HB 1124 would amend the Colorado Common Interest Ownership Act relating to conflicts of interest of individuals serving on the executive boards of homeowner associations. 

In particular, the legislation would require directors to

House Bill 1110 (HB 1110) was introduced today in the Colorado House of Representatives. Sponsored by Representative Cindy Acree, HB 1110 would amend the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) to extend some provisions of the Colorado Common Interest Ownership Act (“CCIOA”) and other requirements to “Residential Nonprofit Corporations” which are defined in the legislation as “a nonprofit corporation that has residential members.” Based upon current provisions of the legislation, it is clear that most homeowner associations in Colorado would be required to comply with the requirements of the bill.  In addition, members of associations would fall within the definition of "residential member."Continue Reading HOA-Related Bill Introduced in Colorado House of Representatives

The website for the HOA Information and Resource Center, created by the Colorado Division of Real Estate (“Division”), is up and running. The website currently provides information on the HOA Registration, methods that can be utilized for homeowners to submit complaints to the Division, consumer resources and contact information for Aaron Acker – the HOA

On December 18, 2010, President Obama signed S.3987  into law. As we noted in our December 14th blog posting, the purpose of the legislation is to limit the types of businesses and entities defined as “creditors” which are required to comply with the Red Flags Rule (“Rule”).Continue Reading President Obama Signs Legislative Fix to Red Flags Rule into Law