Community E-ssentials

March 2005 SB 100 Update    
Past Issues
URGENT CALL TO ACTION
March 30, 2005
NUMBER 40
March 1, 2005
Vol. 4 Issue 4
Call to Action
February 18, 2005
NUMBER 39
February 1, 2005
Vol. 4 Issue 3
Special Edition
January 20, 2005
NUMBER 38
January 1, 2005
Vol. 4 Issue 2

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IT’S NOT TOO LATE TO MAKE YOUR VOICE HEARD!
SB 100 House Hearing Held Over to April 1

The hearing and vote on SB 100 by the full Colorado House of Representatives, initially scheduled to be heard and voted on today, has been held over until tomorrow, April 1.  Clicking here will bring you to the page on which you can access tomorrow’s proceedings, which will begin around 9:00 a.m.
 
We have received information (not first-hand, but from a reliable source) that the amendment reducing the limited lien priority of owner associations will not be offered as originally planned.  It is entirely reasonable to credit your phone calls and email for this change of heart, so for those of you who contacted your Representatives, congratulations for helping make the system work!
 
As of yet, we have not heard anything further about the status of the proposed amendment of Section 123 of CCIOA, which would restrict the ability of owner associations to recover attorney fees.  If passed, this amendment will:

  • Burden homeowners who pay their assessments and comply with their association’s governing documents with the payment of attorney fees
  • Nullify existing declarations
  • Render it uncertain whether even a prevailing association will recover its attorney fees
  • Discourage the use of alternative dispute resolution techniques like mediation and arbitration because if an attorney is used, the association cannot recover its attorney fees
  • Compel associations to file expensive and timely lawsuits as a court order is needed before attorney fees may be recovered
  • Cause enormous financial problems for associations

Please take this extra day to continue to contact your Representatives to urge them to oppose this incredibly damaging amendment to Colorado’s community associations!   Click here to access your Representative’s name and contact information by entering your 9 digit zip code in the upper left hand corner.
 
The next SB 100 update will be in our April newsletter, which will be sent out tomorrow afternoon, Friday, April 1.

 

The University
Upcoming Classes:

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April 13, 6:00pm - 9:15pm

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Wheat Ridge Office
April 7, 12:00pm - 1:30pm

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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
 
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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.
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