Of the original six bills concerning homeowners’ associations, four have been acted upon and either passed into law or postponed, leaving three bills left. Yes, I know the math doesn’t work unless you add HB 22-1314 which is not titled as an HOA bill but does impact common interest communities (more on this below).
As a result, the score is thus:
HB 22-1239 – Regulating Community Association Managers. In a surprise move, this bill was postponed indefinitely, effectively killing Manager licensure once again.
SB 22-060 – Limiting Homeowners’ Association Fee Increases for Common Elements. Not surprisingly this bill was postponed in order to allow associations to ensure they charge to anticipated needs, not an artificial cap.
SB 22-059 – Limiting Proxies. This bill has already made it to the finish line and was signed into law by Gov. Polis. However, the bill that was actually signed into law only changed 8 words while removing 4, for a net gain of 4 words. Instead of having a proxy terminate 11 months after its date unless “it provides otherwise,” it now terminates 11 months after its date unless “the proxy itself indicates an earlier date.” I am open to suggestions as to what was actually accomplished.
HB 22-1040 – Home Owners’ Reasonable Access to Common Areas. This bill has passed both houses and is on its way to the Governor. While relatively wordy, this will now require associations to give no less than 72 hours’ notice to the owners prior to restricting access to the common elements and may only do so for a reasonable amount of time to complete the repairs. Notices are required to be physically posted and sent by email to all owners. They must also contain contact information for a person with knowledge of the closure to answer questions.
Still in Play
HB 22-1139 – Home Owners’ Associations Cannot Regulate Use of Public Rights of Way. This bill has passed out of the house on a 48-15 vote. With vast support, we expect this to pass out of the Senate relatively easily.
HB 22-1137 – Homeowner’ Association Board Accountability and Transparency. This bill has not made it out of the house or even committee yet. However, it has picked up sponsors. As a result, we expect the bill to be amended and discussed in committee at a yet-to-be-determined date.
HB 22-1314 – Towing Carrier Nonconsensual Tows. Introduced by Rep. Nicks (D)(Arapahoe), Edie Hooton (D)(Boulder), and Senator Gonzales (D)(Denver). While increasing the regulations on towing companies, the bill also prohibits the towing of any vehicle from Common Parking Areas with less than 24 hours’ notice as well as prohibiting towing merely for expired tags.