Construction Defect Reform Still Not Over

Even though the State legislature seemed to end the debate, at least for this year, by postponing indefinitely any further debate on SB 15-177, the issues are far from settled.

During the committee hearings on the bill, it was suggested that if the state did not do something on this topic, individual cities would be required to take action.  With both Lakewood and Lone Tree enacting local construction defect reform ordinances, and the City of Littleton introducing an ordinance to be voted on, this statement seems to be coming to pass.   The City of Littleton at its City Council meeting tonight, will vote on Ordinance 25 which will:

1. Grant builders unilateral authority to determine the scope of defects and perform repairs themselves, and prohibit owners from refusing band-aid repairs or having any say in the repair process.
2. Prevent associations from amending their declarations to remove declarant-imposed roadblocks concerning how construction defect claims are procedurally handled, including mandatory arbitration provisions drafted by the declarant.
3. Require associations, in only a 60 day period, to receive consent from a majority of owners prior to bringing an action for construction defects; allows declarant homeowners to cast their votes to prevent associations from filing a lawsuit against the declarant.

Please contact Littleton City officials to encourage them to vote no on Ordinance 25.

Mayor Phil Cernanezc:  720.254.6097;  [email protected]

Mayor Pro Tem Bruce Beckman:  303.347.9141;  [email protected]

Debbie Brinkman:  303.797.3427; [email protected]

Peggy Cole:  303.795.9552;  [email protected]

William Hopping:  303.809.3053;  [email protected]

Bruce Stahlman:  720.987.7955;  [email protected]

Jerry Valdez:  303.794.6475;  [email protected]