On January 30, 2020, the first of what we expect to be several major bills concerning the Colorado Common Interest Ownership Act was introduced as HB 20-1200 and is sponsored by Rep. Titone (D) and Weismann (D). This is an expansive bill which acts as the bill reauthorizing the HOA Information Office and requires the office to perform expanded duties. In addition to its former duties, as proposed, the HOA Information Office will:
1. Create and administer a Dispute Resolution Program in which Owners may lodge complaints with the Department of Regulatory Agencies.
2. Produce educational materials regarding the Colorado Common Interest Ownership Act and the newly created Dispute Resolution Program.
3. Create and administer a toll free number in which the public can view additional information and make complaints.
4. Create and maintain a database of associations and managers in which complaints have been received under the Program, which will be publicly available.
5. Investigate complaints.
6. Report annually of the complaints received and resolved by the Department of Regulatory Agencies to Legislative Committees.
During the complaint process, the Department of Regulatory Agencies will have subpoena power to investigate complaints, negotiate resolution of complaints and issue findings of a violation. As drafted, violations may be penalized by fines up to $5,000. HB 20-1200 also prohibits any retaliation against Owners who may file a complaint. Association’s found to have retaliated against an Owner would be subject to a fine up to $10,000.
The bill also creates expanded registration requirements which include:
1. The name and address of the President of the Executive Board;
2. The name and address of the Association’s manager, if the Association employs a manager;
3. The number of units in the community; and
4. The date of reception number of the original declaration.
This information is all required as the registration fee will be moving from a flat registration fee to a fee based upon “each residential and each commercial unit represented by the Association”. Failure to timely register may result in a fine of $5,000. As is clear from the above, this bill will have a major impact on how Associations conduct their business and the cost of residing in an Association. There is no doubt this bill will be fiercely debated on both sides and the language is punitive in nature. Stay tuned here for updates as this expansive bill runs through the legislative process.
9 responses to “First Major CCIOA Bill Introduced”
I wonder if the members of the legislature that support this would publish their own home addresses? As a board President, who has had angry homeowners find my address and show up to threaten myself and my family, thus is an incredibly stupid idea.
It concerns me that all the rights seem to be given to the owners and managers are board members are seemingly defaulted to being at fault. What are the penalties to an owner if they file false claims? Will the database of complaints show that the manager was cleared and the complaint was found to be invalid? Given my recent experience with an owner that led to a protection order, this amount of power given to owners to file complaints as a possible tool of retribution to my career is concerning. We will be monitoring this bill and communicating with the committee!
Finally, a move in the right direction. I assume DORA will fight this tooth and nail, but it’s a start and better than manager licensing. How do the legislators propose to fund this? I think that will be a sticking point, also.
Please keep me posted on this Bill as it moves through the Legislature. Very interesting. Our HOA was founded in 1980, and I am curious about implications for us. I try to research CCIOA whenever we’re contemplating a revision to our documents, even if CCIOA compliance is not necessary in that instance.
Marston shores HOA
“As drafted, violations may be penalized by fines up to $5,000.” My thoughts are: Either party may be penalized by fines up o $5,000. A Homeowner may make a false complaint, because the Association’s decision was not in the Homeowner’s favor.
The above state needs to be clearer.
this is a good bill–gives homeowners more protection against wrongful acts of Board
If I understand CCIOA, committee meetings are supposed to be open to the residents. Is a Committee in violation if they conduct all of their business via email rather than holding open meetings?
Thanks for letting us know about this, David. It’s useful information. Please keep us all updated on how this progresses.
Every HOA has a few complainers, who disagree with their Board’s actions. This Bill will encourage them to use a State agency to harass their Boards. Where is the punishment for frivolous complaints by owners? The Bill is completely one sided.
I am an HOA Board member, donating hundreds of hours of my time every year. 90 percent of owners thank me and 10 percent complain and harass.