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April 2002
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ISSUE 5
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Volume 1
Issue 5
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Legislature Passes CCIOA Amendment
The senate narrowly passed HB 13028 after a last ditch effort to amend it on the floor failed. HB 13208, an amendment to CCIOA, makes it a class 6 felony for an owner in a homeowner or condominium association to violate the association's covenants. Class 6 felonies carry a fine up to $100,000 and 18 months in jail. A spokesperson for Governor Owens stated the Governor is likely to sign the bill which has an effective date of April 1, 2003. Tom Hindman, who testified in favor of the bill, was quoted as saying "Finally, associations have the backing of the police to enforce their covenants. This should give owners who think their house is their castle something to think about. I'm looking forward to seeing an owner or two hauled off in handcuffs. After a year or so in the pokey, I’ll bet they’ll think twice about not paying assessments or painting their house the wrong color." Chief Trial Deputy District Attorney for Jefferson County, Ken I. Jaleem stated "We'll have to look closely at staffing needs, but we anticipate initially assigning two deputies to handle the volume. Our office is taking this very seriously; there'll be no plea bargaining these cases."
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Orten & Hindman, P.C.
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