SB 100 Update
The Senate State, Veterans and Military Committee held its public comment hearing on Wednesday, February 9, 2005. On Tuesday, February 15, 2005, the Committee considered the bill, as well as 18 amendments offered by Senator Hagedorn and members of the Committee. 15 amendments were made, two failed and one was withdrawn. The bill then passed out of committee on a 5-2 vote (Senators Lamborn and May voted against the bill).
The bill will now be considered by the full Senate. This will occur very soon, possibly on Wednesday, February 23, 2005. Further amendments to the bill can be made from the Senate floor but no public testimony will be taken.
If the bill passes in the Senate it will then be heard in the House of Representatives, starting in a House committee to be designated. If the bill is defeated in the Senate it is dead unless reintroduced as a different bill at some time in the future.
SB100 as presently amended
Senate Bill 100, as amended in the Senate State, Veterans & Military Affairs Committee, is different in several respects than the original version. You can view a complete version of the current unofficial amended bill in PDF or WORD PERFECT format.
Orten & Hindman’s Position on Senate Bill 100 as presently amended
Orten & Hindman strongly opposes this bill. As amended by the Senate Committee, this bill micromanages how associations are governed. Instead of addressing the need for better educated and informed owners and board members, it creates confusion, conflict and loopholes which will only act to create considerably more conflict and litigation between associations and owners. It also attempts to force a one-size-fits-all approach onto every community rather than allowing communities to self-govern, to enhance the value of the properties and to keep their own uniqueness.
Specific Objections to Senate Bill 100 as presently amended
Orten & Hindman specifically objects to the following provisions:
- Waiver of homestead exemption in declarations would be prohibited (this will eliminate judicial foreclosures as an effective remedy to collect delinquent assessments) (Section 4)
- Operating costs and assessments will increase due to new mandates to associations
- Owners would be prohibited from holding and voting more than one proxy (Section 10)
- Conflict and litigation between owners and their association would increase
- Boards would be required to allow owners to address the board before the board takes formal action on any items under discussion (Section 9)
- Notice (via email if “available”) of regular and special board meetings must be provided within 24 hours of the meeting to any owner who requests (Section 9)
- Utility vehicles up to 20,000 pounds would be allowed to park on streets and driveways within the community (Section 2)
- Political signs would be allowed to be displayed on common walls or balconies adjoining an owner’s property (Section 2)
- Associations and management companies could not charge more than twenty-five cents per page for copies of association records (Section 14)
- Numerous conflicts between other provisions in CCIOA and confusion with the Non-profit Corporation Code would be created
- Voting by members would be required to be by secret ballot (Section 10)
What Is Orten & Hindman Doing?
We are continuing to inform and educate board members and managers on the bill and its progress and act as a resource for information. We continue to promote the proposed Right To Know Act as the preferred solution to the issues which need to be addressed in communities. A copy of the proposed Right to Know Act can be obtained by clicking here.
What Can You Do?
If you agree that this bill is bad for associations, boards and owners, you should IMMEDIATELY call and send an email to your senator stating your specific objections to the bill. For a listing of state senators click here. To find the Senate disctrict you live in, click here. You should also encourage others in your community and neighborhood to contact their senators as well. Time is of the essence.
