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HB 13028: One Year Later
As reported in our April 1, 2002 newsletter issue, the Colorado Legislature last year passed legislation making it a class 6 felony for an owner in a homeowner or condominium association to violate the association's covenants. So, what's been the impact on these scofflaws who refuse to pay their assessments, maintain their yards, paint their homes, or get approval for architectural improvements?
The Colorado District Attorneys Council (CDAC) reports that 102 owners were prosecuted in 2002 resulting in 61 convictions, 37 plea bargains and just 4 acquitals. The average length of the sentences was 12 months. Les Hammerem-Moore, spokesperson with the CDAC, said "This statute has done wonders to make homeowners respect their covenants and see the positive aspects of community association living. All you have to do is drive through any association to see its impact. Why, there's hardly a junk car or unpainted house to be seen." We caught up with one of the defendants, I.M. Reeldum, now 8 months into his 14 month sentence, and asked him if he would have done things differently if he had known he would be serving time for painting his house unapproved "desert tan" instead of approved "desert sand." "You bet I would. It's been no fun making small rocks out of big rocks. If I had known they were serious about prosecuting, me and my sons would have moved to a neighboring state" he was quoted as saying.
Tom Hindman, whose tiredless lobbying efforts resulted in passage of the bill stated that he was continuing to support an amendment to the statute to make it a felony for an owner not to attend the annual meeting thereby once and for all solving the lack of quorum and apathy problems faced by associations. If you support Tom's efforts to make associations a better place to live, please send him an email.
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Orten & Hindman, P.C.
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May Lunch Forum (Wheat Ridge Office): Water, Water Nowhere: The Drought and its Impact on Covenant Enforcement May 1
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Boot Camp Part 3 (Wheat Ridge): Successful Covenant & Rule Enforcement April 16
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