A coalition of special interest groups, led by the Metro Mayors Caucus and Denver Chamber of Commerce, are behind the introduction of Senate Bill 15-177 (“SB 177”). While this bill was brilliantly crafted to provide immunity to builders for their construction defects, the spin being put on this bill is equally brilliant. In order to debunk the spin which has taken on mythical proportions, I believe it is essential to shine a light on their myths – one myth at a time.

Myth Number 1: SB 177 Will Promote the Construction of Quality Affordable Housing

 

If SB 177 passes both chambers of the Colorado General Assembly and is signed into law, there is no question that it will promote the construction of all housing – including affordable housing. What developer wouldn’t want to build homes if they won’t be held responsible for their construction defects? However, it doesn’t take a rocket scientist to figure out that providing builders with immunity does not promote quality construction. Continue Reading Debunking the Myths of SB 177: Installment Number 1

A big thanks goes out to the Colorado Division of Real Estate for clarifying those portions of Colorado law which community association managers should study to prepare for the licensure examination!  To review this important information, check out the State Portion Content Outline in this Community Association Manager Candidate Information Bulletin from PSI which has…

The Colorado Division of Real Estate has published the 2014 Annual Report of the Colorado HOA Information and Resource Center.  This report provides a great deal of information on the registration of HOAs in Colorado and a general overview of complaints received by the HOA Information & Resource Office ("Office") relating to associations.

You will notice that during 2014, the…

In an unexpected and outstanding turn of events, the House State, Veterans & Military Affairs Committee, in a bipartisan 6 to 5 vote, reported an amended version of House Bill 15-1113 ("HB 1113") out of Committee yesterday with a favorable recommendation to the full House of Representatives. 

As originally introduced by Representative Kit Roupe (R-Colorado Springs),  HB 1113 would…

As anticipated, the 2015 edition of the construction defect bill has been introduced in the Colorado Senate.  Senate Bill 15-177 ("SB 177"), contains most of the unconscionable provisions of the 2014 bill – SB 220.  However, the legislative insanity on construction defects got even nuttier this year!

Get this, SB 177 requires that HOAs must obtain the written consent of a…

House Bill 15-1040 ("HB 1040"), which was introduced by Representative Dan Thurlow (R-Grand Junction), was just killed on a 6 to 5 vote in the House State, Veterans & Military Affairs Committee.  As originally introduced, the bill would have destroyed the requirements of the new manager licensure law which are intended to protect folks living in HOAs in…

This morning as I was driving to work, I was thinking about the interpersonal conflict I have recently been observing in some HOAs.  While it may be convenient for folks to blame all of the nastiness on a full moon, I truly believe much of the conflict in associations simply comes from folks not listening to each other.  The truth is that deep down inside every person wants to be heard and treated with…

On January 1, 2014, new legislation went into effect requiring associations to provide a specific written notice to delinquent homeowners. This notice is required prior to turning over a matter for collections to an attorney or collection agency.

The details of the notice are as follows:

a. It must contain the amount due with an accounting of how the total was determined (a running balance ledger going back to a -0- balance is sufficient);

b.  A statement as to whether the opportunity to enter into a payment plan exists and instructions for contacting the community association manager and/or board member to enter into such a payment plan;

c.  The name and contact information for the individual the unit owner may contact to request a copy of the unit owner’s ledger in order to verify the amount of the delinquency; and

d.  A statement that action is required to cure the delinquency and that failure to do so within thirty days may result in the unit owner’s delinquent account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the unit owner’s property or other remedies available under Colorado law.Continue Reading Clarifying the Collection Notice Requirements to Delinquent Homeowners

The Division of Real Estate has just announced that the Community Association Manager licensure exam will be available to take on February 1st!  Here’s the latest news from the Division of Real Estate:

Community Association Manager Examination Available February 1, 2015

The Division of Real Estate has contracted with Psychological Services, Inc. (PSI), as the…

The Colorado Division of Real Estate has announced that a hearing on permanent rule-making for manager licensure will be held on Wednesday, March 4, 2015, at 10:00 am at the Ralph L. Carr Colorado Judicial Center in Conference Room 1D. 

We have heard an outcry from management companies of every size that the emergency rules relating to insurance will put management companies out of business.  This is your chance to attend the hearing to testify on insurance and other important rules which are under consideration by the Division.  Since the Division has given so much advance notice of the hearing, make sure to clear your calendar for that day and attend! 

Here’s the formal announcement from DORA and the Division of Real Estate:Continue Reading Hearing on Permanent Rule-Making for Manager Licensure Scheduled