Q: My association has several rules that regulate where and what type of vehicles may park within the community. The rules prohibit homeowners from leaving vehicles in their driveways or parking a commercial vehicle (defined as a vehicle with a company logo) anywhere within the association. What type of impact may SB 100 have on these regulations?

A: SB 100 only impacts an association’s parking rules and regulations to the extent that they affect the ability of an owner to park an emergency vehicle in the owner’s driveway or the association’s streets and guest parking spaces when all of the following criteria are met: 1) the unit owner is required by his or her employer to have the vehicle at his or her residence during designated times; 2) the vehicle weighs 10,000 lbs or less; 3) the owner is a member of a volunteer fire department or is employed by an emergency service provider; 4) the vehicle has an official emblem designating it as an emergency service vehicle; and 5) parking the vehicle will not obstruct emergency access or interfere with the reasonable needs of the other residents to use the community’s streets and driveways. If these criteria are not met, your association may take enforcement action against owners who do not comply with its parking regulations.

However, your association MUST allow an owner who meets all of the above criteria to park within the community regardless of any association rules that may be read to prohibit it. In deciding whether an owner meets all of the criteria, it is important to remember that the statute defines “emergency service provider” as a “primary provider of emergency fire fighting, law enforcement, ambulance, emergency medical, or other emergency services.” Cable companies, utility companies and the like do not fall within this definition and are not included in SB 100.

Q: I understand that SB 100 requires my association to adopt written responsible governance policies and procedures concerning such issues as the collection of unpaid assessments, enforcement of covenants and rules, and the inspection and copying of association records by unit owners. Since my association’s governing documents already address many of these issues, does my association still need to adopt all of the policies and procedures listed in Section 38-33.3-209.5?

A: Yes, regardless of what your governing documents contain, your association will have to adopt the seven required policies and procedures concerning: 1) collection of unpaid assessments; 2) handling of conflicts of interest involving board members; 3) conduct of meetings; 4) enforcement of covenants and rules, including notice and hearing procedures and the schedule of fines; 5) inspection and copying of association records by unit owners; 6) investment of reserve funds; and 7) the adoption and amendment of policies, procedures, and rules. First, even if your governing documents address all of the issues included in the seven required policies and procedures, it is unlikely they treat these issues in the detail that the statute’s sponsors intended and anticipated for the policies and procedures to have. Most importantly, however, unless your association independently adopts each of these policies and procedures, it will not be in compliance with the statute.

Homeowners, however, have the ability to enforce CCIOA by filing a lawsuit against their association for violating any provision of the law. In the event the association loses such a case, section 38-33.3-123(1)(a)(c) of CCIOA provides that the prevailing party in such an action shall be entitled to the costs and reasonable attorneys fees incurred in bringing the action. These fees can run around $7,000 to $15,000. Associations, therefore, should be careful to comply with CCIOA as amended to avoid having to pay both its attorneys fees and that of the prevailing party owner. (Of course, both parties involved should attempt to resolve their differences outside of court through communication, involving a mediator or an arbitrator if necessary).