It all depends on your personal point of view.
From an outsider’s point of view, it seems that the motto of many legislatures is that if at first you don’t succeed, try, try again. As was detailed yesterday, of the 10 HOA bills introduced, only 30% passed. As a result, many of these bills are ripe to be re-introduced in future sessions. Listed below are what we think will be the prime candidates for resurrection.
SB 15-177, the Construction Defect Reform bill, represented the third year in a row that the legislature has attempted to address construction of condominiums through providing advantageous positions to builders to encourage construction. As more and more individual cities adopt their own form of construction defect reforms, the legislature will be forced to address the issue again next year. This truly does seem to be a bill you can kill, but can’t keep down.
HB 15-1259, the Rain Barrel bill, was an effort to add rain barrels to the list of protected environmentally friendly items. This bill would have prohibited associations from denying approval for the use of rain barrels in common interest communities. The bill seemed to be moving along fine, but on the final day of the session, was postponed until after the session. As the bill seemed to have little opposition, it may come back next year looking for sunnier days.
HB 15-1362 and HB 15-1376 were surprise bills introduced very late in the session (April 14 and April 22 respectively) and were geared at implementing recommendations made in the HOA information report. HB 1362 has the effect of requiring all associations, whether pre or post CCIOA, to follow the budgeting process outlined in Section 303 of CCIOA. HB 1376, in turn, would have given the Division of Real Estate flexibility to change how the annual registration fee for common interest communities is charged (either by a per door fee or a tiered system), provided for the monitoring of elections by outside election monitors, and provided for a mediation service for HOA disputes. As these were introduced so late in the session, they did not garner much attention or support. However, we expect that the introduction of these bills may have been calculated to see what type of reception they received. We expect to see some form of these bills in the future.
For more information or if you have questions, please call a Altitude Community Law attorney at 303.432.9999.