Having reconvened on May 26, 2020 following the roughly two-month long COVID-19 recess, the Colorado General Assembly officially adjourned sine die on Monday, June 15, 2020. Considering the impact of the COVID-19 crisis, Colorado’s legislature was forced to make difficult fiscal and policy decisions during its last weeks of business. Throughout the session, Altitude Community Law has been diligently monitoring proposed legislation that would have an impact on the community association industry. As of adjournment, here are the statuses of the bills we have monitored and updated you on over the past six months:
HB 20-1200 Continuation of the HOA Information and Resource Center: This bill was heard in the House Committee for Business Affairs and Labor on May 27, 2020. Given the very large fiscal note attached to this bill, everything in the bill that required new state money was removed. Rather than being a very large change to CCIOA, HB 20-1200 was reduced to just a continuation of the HOA Information and Resource Center. Due to the continuing conversations as to how to address the alternative dispute resolution concerns within the bill, the sponsors elected to amend the bill to keep the HOA Information and Resource Center going while reserving dispute resolution processes for another day (or next year).
In addition, Rep. Van Winkle (R-Highlands Ranch) introduced an amendment to “enhance religious freedoms” to protect an owner’s ability to display religious symbols. This amendment passed unanimously in committee. The Bill itself passed out of committee on a 9 – 2 vote and was assigned to the Finance Committee. HB 20-1200 passed the House Third Reading with no amendments on June 9, 2020 where it was then introduced and passed the Senate Third Reading with no amendments two days later on June 11, 2020. The bill will now be sent to the Governor’s desk for action.
SB 20-211 Limitations on Extraordinary Collection Actions: This bill was introduced following the legislature’s COVID-19 recess in an attempt to ease financial hardships on the citizens of the state. It has passed both bodies and is on its way to the Governor’s desk.
HB 20-1333 Homeowners’ Association Transparency Responsibility Competency Bill introduced by Rep. Titone (D-Wheat Ridge) was geared at increasing the levels of transparency by associations, while potentially increasing the costs to an association and the liability of board members. HB 20-1333 was heard in the House Committee on Transportation and Local Government on May 27, 2020, where the sponsor requested the bill be postponed indefinitely. We expect something like this bill to be reintroduced next year.
HB 20-1004 Bill Concerning Wild Fire Mitigation Grants. As this bill contained a fiscal note, it did not make the cut to pass into the post COVID Session and was postponed indefinitely.
SB 20-126 Concerning the Operation of Day Care in an HOA. This bill allows a homeowner in a community organized under CCIOA to operate a licensed family child care home under certain requirements as defined in state laws governing child care facilities, notwithstanding anything to the contrary in the community’s governing documents. SB 20-126 passed out of the Senate on June 13th and was transmitted to Governor Polis’s desk, where it awaits his signature for enactment.
Should you have any questions on the above, please feel free to contact any of the Altitude Community Law attorneys at 303.432.9999 or email us at [email protected].