This special edition of our newsletter is to alert you to a bill that has been introduced in the Colorado legislature this week. As proposed, this bill will significantly modify existing law governing community associations.  Some of the key provisions:

• Require the association to make extensive disclosures to a buyer if requested by the owner and imposes liability on the association including attorney fees if the association fails to disclose the requested information;

• Prohibit foreclosure as a means to collect unpaid fines; and attorney fees, late fees, collection expenses, and other charges imposed in connection with such fines;

• Permit owners to participate and speak at board meetings;

• Invalidate existing covenants that prohibit xeriscape or require landscaping to include turf grass; and

• Prohibit associations from adopting a rule that prevents an owner from displaying political signs.

Click here for a complete copy of the proposed bill.
 

While we are still in the initial stages of evaluating this proposed bill, we have serious concerns about a number of its provisions, especially those that have the impact of restricting an association’s ability through its board to govern effectively and responsibly.

Please share your comments with us, pro or con, on this proposed legislation by emailing us at HOAlegislation@ortenhindman.com.

We also encourage you to make your views known to the Senate sponsor, Bob Hagedorn, SenBob@msn.com, 303-866-4879, as well as members of the State Veterans & Military Affairs committee of the Colorado senate who will be holding a hearing on this bill next Wednesday.  Their names, email addresses, and phone numbers are listed below.

STATE VETERANS & MILITARY AFFAIRS COMMITTEE (Senate)

Senator Ron Tupa, chair, ron.tupa.senate@state.co.us, 303-866-4872

Senator Peter Groff, vice-chair, peter.groff.senate@state.co.us, 303-866-4864

Senator Joan Fitz-Gerald, joan.fitzgerald.senate@state.co.us, 303-866-2318

Senator Steve Johnson, steve.johnson.senate@state.co.us, 303-866-4853

Senator Doug Lamborn, doug.lamborn.senate@state.co.us, 303-866-4835

Senator Ron May R., ronmay@ronmay.org, 303-866-2737