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Additional Pending Legislation Impacting HOAs
1. HB05-3211. This bill is intended to prevent secret board meetings and would require all board members to wear electronic ankle bracelets which would send out a loud audible signal to all owners whenever two or more board members came within 10 feet of each other. This bill has been nicknamed the Martha Stewart bill. This bill will also have the unintended consequence of eliminating both husband and wife from serving on the board.
2. HB05-4373. This bill would give owners the right to eliminate all sod and replace it with green stamped concrete or Astroturf. Owners taking advantage of this would be entitled to a 20% rebate from the association on their assessments provided they could prove they did not at any time water the concrete. Boards would still have the right to approve the shade of green. This bill has been nicknamed the "no-scape" or the "ex-cape" bill.
3. SB05-9115. This bill, referred to as the "get smart or move" bill, would require owners (with the exception of board members) to take 50 hours of educational classes each year on "Rights and Responsibilities of Owners living in an HOA." Upon completion of the classes, which incidentally are offered only on Saturday mornings, each owner would be required to write a 1000 word essay entitled "Why it's important to obey the covenants and rules and also attend the annual meeting." The essays would be graded by the board and those owners who failed would be required to move within 60 days.
4. HB05-3685. This bill, referred to as "the super duper lien," would require a lender to pay 100% of any amount, including attorney fees and fines owed by the owner if the owner did not pay within 90 days. Apparently, the thinking behind this bill is that lenders should be more careful who they loan money to and until such time they're going to be responsible to the HOA for the consequences of making bad loans.
5. SB05-5280. This bill would permit owners to fly their family crest below the American flag as long as the family crest was legitimate and not larger than the American flag. Owners would still be prohibited from flying their laundry except during July. Opponents are referring to this as the "What a royal crock that is" bill.
6. SB05-2257. This bill would require the board to serve milk and cookies to all owners who attend a board meeting and insist on speaking every time the board takes a motion under consideration. This is referred to as the "Because you're special, we have all night for you" bill.
7. HB05-2622. This bill would make it a class 5 felony for managers and board members to engage in the unauthorized practice of law including among other activities, filing liens, writing contracts, interpreting and amending documents and giving legal advice. It also includes a provision that allows for treble damages to be assessed against the association for not getting legal advice when it should have and then screwing up. This bill has been dubbed the "Cheap Bast___" bill by members of the bar.
8. SB05-8759. This bill would require Sen. Hagedorn and Rep. Carroll to live in an HOA and serve on the Board and ACC for as long as they are serving in the General Assembly. This bill has been nicknamed the "That'll teach 'em" bill.
9. HB05-1984. This bill would require that any bill introduced dealing with HOAs be held over until the following year's legislative session so that all interested parties and not just the whiners could be listened to and the bill could be studied and properly debated, including its merits, impact and necessity. This bill is being referred to as the "Slow down and let's get it right the first time" bill.
10. HB05-1313. This bill, sponsored by Sen. Hagedorn and Rep. Carroll would prohibit attorneys from trying to be comedians even on April Fools Day. The proponents of this bill have nicknamed it the "You're not funny" bill. Opponents, however, are calling it the "Hey, what about MY first amendment rights?!"
[PRINTER FRIENDLY VERSION]
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The University
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Upcoming Classes:
School of Association Leadership
BOD 202-Governing Documents and Statutes: What You Need to Know Wheat Ridge Office April 13, 6:00pm - 9:15pm
Click here to register
Manager Lunch Forums
Designing Successful and Workable Architectural Guidelines (offered at no charge) Wheat Ridge Office April 7, 12:00pm - 1:30pm
Click here to register
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Community Associations Institute
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The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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