From Capitol Hill/Legislation

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We have discussed in previous postings that S.B. 100 (the “Act”) was signed by Governor Owens on June 6, 2005. Portions of the Act became effective immediately, while the balance of the Act becomes effective on January 1, 2006. For the most part, the Act modifies the provisions of the Colorado Common Interest Ownership Act (“CCIOA”). We continue to receive a number of questions about the applicability of the Act to pre-CCIOA associations (those formed before July 1, 1992), as well as associations that were exempt from the provisions of CCIOA, and specifically, whether the mandatory responsible governance policies required by the Act must be adopted by all associations.
Continue Reading S.B. 100 – What Associations Does It Apply To?

We have received a number of questions about whether SB 100 limits an Association’s ability (acting through its board of directors) to make changes to its common elements – as an example, can the board change hardscape landscape improvements to irrigated sod? While SB 100 does a number of things, including imposing a number of additional requirements on the association’s board of directors, the simple answer is that it does not restrict the board’s authority to make this type of decision.
Continue Reading SB 100 – Limits on Board’s Authority to Modify Common Elements?

Let’s face it. Colorado has a drier climate than, say, Florida. We live in a semiarid state and throughout history it has seen its share of droughts. Legislators certainly had this in mind when they passed S.B. 100 which, in part, stifles the ability of associations to prohibit or limit Xeriscape.
Continue Reading Xeriscape: Rocks, Wood Chips, and Cacti? Absolutely Not.

Even though no major elections are scheduled for 2005, as early as mid-September, Coloradoans may see more evidence of ballot issues and party candidates than in recent years. Section 2 of Senate Bill 100 opens the door for homeowners living within community associations to display political signs on their property up to forty-five days before an election and seven days following the day of the election. This new addition to the statutory mandates for community associations allows an association to regulate the size and number of political signs that an owner displays only if a city, town, or county ordinance also regulates political signs on residential property. If an ordinance exists, the association may not create more restrictive policies for its owners concerning political signs. If no ordinance exists, an association can only limit the number of signs that an individual owner places on her property to one sign per office or ballot issue contested in the pending election. But, where no ordinance controls, an owner cannot place signs larger than three feet by four feet on his property. Many Colorado cities, towns, and counties either do not have political sign regulations or have broad regulations that place few restrictions on the number and size of political signs permitted.
Continue Reading Political Landscaping

Now that SB 100 has been law for a month, we, and you, are able to start comprehending its many changes to the way community associations have historically done business. For the full text of the law as approved by Governor Owens, click here. One of the most significant changes has to do with the collection of attorneys fees from members that violate the association’s governing documents.
Continue Reading SB 100 – Restrictions on Automatic Collection of Attorneys Fees

Introduction Those of us involved in community associations in Colorado have been closely following the progress of SB 100, a bill introduced and sponsored by Senator Hagedorn and Representative Carroll. On June 6, 2005, Governor Owens signed the bill into law. There were more than 100 changes to the bill during its journey to becoming law. Below, we discuss the many provisions of the new law, and what they mean to community associations in Colorado. For the full text of the law as approved by Governor Owens, click here.
Continue Reading S. B. 100 – What You Need to Know About Colorado’s Newest Law Affecting Common Interest Communities