On January 19, 2016, Senator Carroll and Representative Ryden introduced SB 16-082, a bill that protects homeowners from retaliation or discrimination due to the homeowner filing a complaint or otherwise seeking to enforce the governing documents or the Colorado Common Interest Ownership Act (“CCIOA”).

SB 16-082 prohibits an association, its board of directors or manager, or any other unit owner from retaliating against a unit owner who, through a lawful action done in an effort to address, prevent or stop a violation:

a.  Complains or otherwise reports an alleged violation;
b.  Causes a complaint or report of an alleged violation to be filed;
c.  Participates in or cooperates with an investigation of a complaint or report filed;
d.  Otherwise acts in furtherance of a complaint, report, or investigation concerning an alleged violation; or
e.  Exercises, or attempts to exercise, any right under CCIOA or the association’s governing documents.

If passed, SB 16-082 will give an owner a right to bring a civil action in county or district court alleging a violation of the bill.  And, if the owner prevails, the court may issue an injunction or award damages, court costs, attorneys’ fees or any other relief the court deems appropriate.   SB 16-082 has been assigned to the Senate Committee on Business, Labor and Technology.

We will monitor the progress of this and all other bills introduced regarding the operation of common interest communities.

3 responses to “HOA Whistle Blower Protection Legislation Introduced
  1. Hello David,

    Any tea leaf read on the direction this bill will take based upon the committee to which it was assigned? (Is this a Committee where bills go to die)?

    1. No this is not the Kill committee and given that this is sponsored by Morgan Carroll it will get a fair hearing.

  2. They are kidding, right? And this bill would be enforceable how? Probably in the same manner as any other complaint, I assume.

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