As a result of the Global Pandemic, Colorado’s legislative season of 2020 was thrown into chaos. Many bills that were introduced were either delayed, stripped down or pulled by the bill sponsor. Last year’s CCIOA Transparency Responsibility Competency bill, HB20-1333, was no exception. With an extra year to work on the bill, Rep. Brianna Titone has reintroduced the bill as HB 21-1229.
HB 21-1229 is all-encompassing, with very few parts of CCIOA left untouched. The bill touches on the following provisions, among others:
- Disclosure of documents: by requiring posting of association documents and transfer fees on a state owned web site.
- Board meetings and elections: by allowing election monitoring, taping of meetings, prohibiting use of secret ballots and prohibiting the appointments to the board to fill vacancies and allowing owners to petition the board for agenda items. There is also a component for mandatory board member education. Owners will also be able to demand notice of board meetings. Proxies will be limited as well.
- Xeriscaping and solar: by allowing non-vegetative turf grasses and establishing timelines for approval of energy efficient device applications.
- Association operations: by controlling repair phasing, establishing criteria for closure of the common elements and requiring multiple bids for work over $10,000.
- Document inspections and disclosures: by creating a presumption of $50.00 per day damages for failing to produce documents requested by an owner and creating a cause of action for a buyer for failing to produce accurate documents during the sale of a Unit.
- Transition: by revising the dates for transition from declarant control.
- ADR: by requiring mediation for all disputes, including collection matters if a payment plan is not agreed to between the parties.
- Loss assessment: by making the date of a special assessment the date of the loss for purposes of a “loss assessment”.
While this bill may be well-intentioned, it is flawed in a great number of ways. Please stay tuned and review our Legislative Tracker for updates on this bill.