Community E-ssentials

April 2005 NUMBER 41   Volume 4 Issue 5  
HOME
CONTENTS
SB 100 House Amendments from the Committee and the Floor
So What Happens Next?
Additional Pending Legislation Impacting HOAs
Colorado's Community Association Lienors Get Meaner – For Now
Aging Members: How To Deal With Members Who Cannot Care For Themselves
Q & A
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]
The University
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

 
Orten & Hindman, P.C.
To learn more about O&H's services, visit our website at www.ortenhindman.com
 
Suggestions
If there's a topic you'd like to see covered in an upcoming issue or a question answered, 
email us at
QAcolumnist@
ortenhindman.com

 
Community Associations Institute
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
 
Unsubscribe
Orten & Hindman respects the Web and the privacy of those who use it. To unsubscribe to Community E-ssentials, click here
 
Published by Orten & Hindman, P.C.
Copyright © 2005 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman or Loura Sanchez.
TELL A FRIEND
Powered by IMN