The Colorado Senate this morning amended Senate Bill 12-038 (“SB 38”) to exclude HOAs from the definition of “roofing contractor” and to provide HOAs with the protections provided under the bill.
SB 38, which is intended to provide protections from unscrupulous roofing contractors, requires “residential roofing contractors” to sign a written contract with customers that includes among other things:
● The scope of roofing services and materials to be provided;
● The approximate dates of service;
● The costs of the services;
● The roofing contractor’s contact information;
● The roofing contractor’s surety and liability coverage insurance and their contact information;
● The roofing contractor’s policy regarding cancellation of a contract and refund of any deposit, including a rescission clause allowing the client to rescind the contact and obtain a full refund of any deposit within 72 hours of entering into the contract.
The bill, as originally introduced, included in the definition of “roofing contractor” the term “association.” CAI’s Colorado Legislation Action Committee (“CLAC”) was concerned that inclusion of this term in the definition would inadvertently pull HOAs into the definition of “roofing contractor.” As a result, CLAC was successful in obtaining a carve-out for all types of community associations from the definition. CLAC was also successful in ensuring that HOAs with the responsibility for the maintenance, repair and replacement of roofs fall under the protections of the bill.
SB 38 will be heard in the Senate on 3rd reading in the near future and is expected to be passed. The bill will then move to the Republican-controlled House for consideration. We will continue to provide you with important updates on SB 38 as it proceeds through the legislative process.