On June 09, 2021, the Colorado Legislature closed its regular session. At the end of the day, the following bills were passed and will be sent to Gov. Polis to take action. If not signed already, once received, the Governor will have 30 days to either sign, veto or let become law without a signature.
HB21-1229 The Homeowners Association Transparency Bill.
What started out as an extensive overhaul and amendments to the Colorado Common Interest Ownership Act, was trimmed down to four key components. As finally passed, the bill is limited to:
- Protections for solar panels in which an association may not adopt rules which increase the cost of or reduce the efficiency of the solar equipment by more than 10%;
- The use of nonvegetative turf grass (artificial turf) is protected in the rear yard of homes.
- Association’s must disclose as part of their Section 38-33.3-209.4 disclosures any “unique and extraordinary fees, assessments, and expenses that are chargeable by the Association in connection with the purchase or sale of a unit and are not paid through Assessments.
- Establishes penalties for failure to provide requested documentation within 30 days of the receipt of a written request. The penalties are back dated to the 11th day after receipt of the request if the documents are not provided by the 30th day.
HB 21-1310 Protections for Homeowners’ Freedom of Speech
Passing out of both chambers late in the session, the bill prohibits an Association from enforcing rules which prohibit or regulate the display of flags or signs based on their subject matter, message or content. An association may adopt reasonable content neutral rules regarding the number, location and size of flags and signs but cannot prohibit the installation of a flag or flag pole. Commercial signs and flags may be prohibited. Also, this replaces the regulations surrounding political signage, so an association may presumably limit the number of political signs.
Governor Polis is expected to sign this bill.
SB21-002 The Temporary Prohibition on Extraordinary Collection Actions.
This was one of the first bills introduced and was signed into law on January 21, 2021 to provide economic relief from the COVID Pandemic. It prohibited the use of “extraordinary collection measures” by debt collectors attempting to collect a debt. The protections were allowed to expire without being extended on June 1, 2021.
HB21-1108 Protection for Gender Based Discrimination.
Having been signed into law on May 20, 2021, this law adds Gender Identity and Gender Expression as protected classes in relation to discrimination. Any discrimination based upon these along with the other protected classes by a housing provider, including a Homeowners Association gives rise to a claim of discrimination.
We will let you know when the Governor signs the remaining two bills and look forward to next year’s session which we expect to be fun filled.