From Capitol Hill/Legislation

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Governor Ritter signed HB 1270 into law on Thursday, April 24, 2008.  This new legislation amends C.R.S. 38-30-168, which has prohibited certain restrictions on solar energy devices since the late 1970s, and adds a new section to the Colorado Common Interest Ownership Act.  The new statutory provisions permit homeowners to install alternative energy generation devices, such as solar panels and wind generators, and other select, energy-saving improvements, despite any express prohibition of these items in the recorded covenants, conditions, and restrictions applicable to an owner’s home.  The statute will control in the event of a conflict between the terms of the recorded covenants and the legislation.  Homeowners associations and condominium associations may regulate these alternative energy devices only to the extent that the statutes allow. 
Continue Reading New Legislation Supports Homeowner Use of Alternative Energy Devices

On March 3, 2008, the Colorado General Assembly sent this legislative session’s first piece of legislation impacting Colorado community associations to Governor Ritter for signing. Upon enactment, House Bill 08-1089 will amend the Colorado Revised Nonprofit Corporation Act to provide new default procedures for board actions taken without meetings. The new legislation aims to facilitate board actions between meetings and addresses the issue of board members who cannot or do not vote on proposed matters within the necessary time period for board action. House Bill 08-1089 will not take effect until August 6, 2008, at the earliest, and remains subject to the possibility of veto or voter referendum.
Continue Reading Update on Legislation Affecting Community Associations: Board Actions without Meeting

As part of the changes to Colorado’s foreclosure law that become effective January 1, 2008, C.R.S. §38-38-103(1)(c) will read:

If a recorded instrument does not specify the address of the party purporting to have an interest in the property under such recorded instrument, the party shall not be entitled to notice and any interest in the property under such instrument shall be extinguished upon the execution and delivery of a deed pursuant to section 38-38-501.

Meaning, if your association’s current contact information is not listed in your Declaration, a lender foreclosure could extinguish your association’s super priority lien.Continue Reading Colorado Foreclosure Law and Your Association’s Superlien

We all know that our 2006 legislature was very busy cleaning up SB-100 adopted in 2005. The legislature, in its haste to get SB 100 passed, left more than a little ambiguity in its provisions. As we’ve reported in the past, SB-89 (formally known as SB06-89) is the clean up bill. We’ve attached here a…

We want to let you know about an issue that is important to us at Winzenburg, Leff, Purvis and Payne, LLP. In fact we think it is important enough for all of you that we are for the first time coming out with a public opinion on a political issue. We are asking you to Vote NO on 40 which will term limit judges. Whether you are conservative, liberal, Republican, Democratic or Independent Amendment 40 is a bad idea with serious consequences which you should oppose.

Even though the proponents are pushing Amendment 40 purpose of term limiting judges as a good idea; the negatives far out-weight any gains they offer for passage. Continue Reading AMENDMENT 40 – VOTE NO THIS NOVEMBER

As many of you are probably aware, Colorado recently passed Senate Bill 06-089, legislation intended to clean up provisions from last year’s SB 05-100.  Both Bills modify and add provisions to the Colorado Common Interest Ownership Act (“CCIOA”).  SB 089 creates a number of important new requirements for associations and homeowners, including …

On June 1, 2006, Governor Owens signed into law HB 06-1387. This is a substantial, sweeping, overhaul of Colorado’s real estate foreclosure law. Among many other things done by this law, the most significant change made is the elimination of an owner’s right to redeem property after a sale of the property. Lienholders still have the right to redeem. As a tradeoff for elimination of the right of redemption, owners are given a longer period of time to cure the default before the property actually can be sold at foreclosure sale.
Continue Reading Colorado’s New Foreclosure Law – HB 06-1387