From Capitol Hill/Legislation

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As you probably know by now, the Community Association Manager Licensure Program (“CAM Licensure Program”) in Colorado is currently scheduled to end on the last day of June.  To ensure that the licensure of Community Association Managers continues, House Bill 19-1212 (“HB 1212”) was introduced in the House of Representatives by Representative Brianna Titone and…

On January 11th, Representatives Dafna Michaelson Jenet (D) and Colin Larson (R) introduced House Bill 19-1076 (“HB 1076”), which would amend the Colorado Clean Indoor Air Act. In addition to prohibiting smoking in many public places, the Clean Indoor Air Act also currently prohibits smoking in the restrooms, lobbies, hallways and common areas of HOAs…

Snow season is upon us! Most communities have secured their vendors for the season, with signed contracts already in place. For many communities, those snow removal contracts include snowfall triggers that obligate the vendor to mobilize and fulfill the contract obligations once a specific snowfall threshold is reached, such as two inches of snow. The…

Earlier this year, the Colorado General Assembly enacted one of the most stringent data protection laws in the country. This law applies to Colorado businesses and governmental entities as well as third-party vendors who collect and maintain personal identifying information (“PII”). C.R.S. 6-1-713 defines PII as “a social security number; a personal identification number;…

As reported here last month, Colorado House Bill 18-1342 becomes effective July 1, 2018. It was signed by the Governor’s office on June 8, 2018. It requires that all common interest communities, except those in which the declaration contains maximum assessment amounts or limits the increases in the annual budget, follow the process set out in Section 303(4) of CCIOA, which requires that the association’s board of directors adopt the annual budget. Then, within 90 days after adoption of the proposed budget, the board must mail, or otherwise deliver (which may include posting on the association’s website), a summary of the budget to all owners and set a date for a meeting for the owners to consider the budget. The meeting must take place within a reasonable period of time after the mailing or delivery, and in accordance with the association’s bylaws. Notice of the meeting must be provided as required by the bylaws.
Continue Reading Budget Consideration for Pre-CCIOA Communities

As the title of this post suggests, as of July 1, 2018, there are big changes coming to those communities formed before July 1, 1992. Seemingly out of the blue, our legislature this year decided with little fanfare that it was time to undertake a relatively significant amendment to the budget provisions of the Colorado Common Interest Ownership Act. House Bill 18-1342, which passed out of the legislature and is now sitting on Governor Hickenlooper’s desk (and which is expected to be signed, or in the absence of a veto will automatically become law), requires ALL non-exempt Colorado community associations, with certain limited exceptions, to follow the budget consideration process set forth in CCIOA. The exceptions apply to communities formed before July 1, 1992 where the declaration sets a maximum assessment amount or limits increases in an annual budget to a specific amount and the budget proposed by the executive board does not exceed the maximum amount or limits set in the declaration.
Continue Reading Big Changes to Pre-CCIOA Budget Approval Processes Coming July 1, 2018!