Today, Senate Bill 12-038 ("SB 38") was passed by the Senate on 3rd reading and will soon be headed to the House for consideration.  As I mentioned in a blog posting yesterday, SB 38 is a bill that is intended to provide protections from unscrupulous roofing contractors. 

Prior to passage on 3rd reading, the…

This morning, an amended version of House Bill 12-1237 (“HB 1237”), sponsored by Representative Angela Williams and supported by CAI’s Colorado Legislative Action Committee, was passed by the Colorado House on second reading. The bill will soon be heard on 3^rd reading by the full House and is expected to be passed and sent to the Senate for consideration. Senator Ted Harvey, a Republican from Highlands Ranch, has kindly agreed to sponsor the bill in the Senate. 

HB 1237 was highlighted and received positive press yesterday in the Denver Post. The bill addresses the retention and production of HOA records. The bill is intended to clarify: (1) what exactly are records of the association; (2) what records must be retained by associations: (3) what records must be produced to owners upon request; and (4) what records are exempted from production.  In addition to these clarifying provisions, HB 1237 disposes of the requirement that owners provide a “proper purpose” prior to being permitted to inspect and obtain copies of records. Continue Reading HOA Records Bill Passes the Colorado House on 2nd Reading

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: Continue Reading Roofing Contractor Bill Amended to Protect HOAs

This morning the Denver Post published an article about House Bill 1237, the bill intended to clarify records disclosure requirements for homeowners associations.  Suzanne Leff and Molly Foley-Healy have previously discussed the substance of House Bill 1237, and we are pleased to see legislation that will help associations with everyday governance.

Many of the problems…

CAI National made the following announcement regarding a HUD ban on sellers paying assessments at closing:

 "The U.S. Department of Housing and Urban Development has acted to ban the practice of sellers agreeing to pay a set amount of association assessments for a buyer when closing on a FHA-insured mortgage. The ban is included in …

Yesterday I attended and testified at a hearing before the House Local Government Committee on House Bill 12-1237 (“HB 1237”) relating to the production of association records to homeowners. While an amended version of HB 1237 was reported out of Committee and seems to be on its way to passage in the Colorado House of Representatives, that is not what really caught my attention. 

What made me sit up and take notice were the comments made by Representative Balmer when he made a motion to refer the bill out of Committee to the full House with an “extremely” favorable recommendation. Representative Balmer is a Republican from Centennial and as a general rule Republicans do not favor regulation. However, when it comes to HOA legislation that has not been the case. Continue Reading Concerns Over HOA Accountability in Colorado Crosses Party Lines

House Bill 12-1237 passed out of the House Local Government Committee on a 9-0 vote this afternoon. The Committee adopted an amendment to the original bill language that does the following:

• Excludes architect plans from documents that an association must disclose
• Changes the tax return retention period from 10 years to 7 years to conform

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On January 16th, I blogged on House Bill 1057 which would have required the Insurance Commissioner to adopt the following rules relating to homeowner’s insurance: (1) the criteria and requirements for estimates of replacement value of insured property; and (2) educational requirements for insurance producers related to homeowner’s insurance – including estimating replacement values.  The…