As the legislative session closes out its second month the HOA related bills continue to move along, in large part un-amended from their original forms. The HOA Transfer Fee Bill (HB14-1254) cleared committee after lengthy hearings and was referred to the entire house without amendment. This bill mandates annual disclosure of fees charged by the management company to an association and its members, and has received bi-partisan support. HB14-1254 has cleared the house, and has been introduced into the Senate and assigned to the Local Government Committee.
The bill to correct the oversight in association records disclosure (HB14-1125) is likewise moving along without much change. This bill permits an association, with the permission of the owner, to publish email addresses in association directories. This bill is aimed at curing an oversight in HB13-1237 that prohibited an association from creating a membership directory that contained email addresses and phone numbers. HB14-1125 corrects that issue and will again permit association directories to contain email addresses, phone numbers, or both. This bill has cleared the House Committee and been referred to the entire House.
Unlike its counterparts above SB14-140, the bill that would require limited purpose communities adopt all of CCIOA prior to enforcing their lien rights, has not yet moved on. The bill was discussed in Committee with some testimony, but has not moved past that.
As these bills make their way through the legislative process we will continue to keep you updated.
If an owner completes a “registration form” to include their contact information, is this the same as consent for the HOA to publish members’ contact information?
Janet,
Probably not. In order to give permission to disclose an owner’s email address and phone number, the owner must advance written consent. So, unless the registration form contains a box to check to opt into disclosure, merely filling out the form is not enough.
David Firmin
If you do a directory, do you have to get permission to put their name in the directory? What if a homeowner does not want to be listed in the directory.
One other thing if you have a directory can you italicize renters?
Hi Debbie,
1. If you do a directory, it would be nice to get permission but is not required if you are doing name/address only.
2. You can’t publish emails without express prior written consent.
3. Yes, you can italicize or otherwise differentiate renters.
If you need any additional information, please give us a call at 303-432-9999 or email us at [email protected].