Legislation
Recent Legislative Changes
Click on the bold burgundy links below, e.g. "House Bill 13-1277," to view pdf copies of the legislation.
HB 21-1310: LIMITATION ON RESTRICTIONS FOR FLAGS & SIGNS
HB 21-1310 is an amendment to CCIOA § 38-33.3-106.5(1)(a-c). The legislature has expanded an Owner’s right to display flags and signs on the Owner’s property. Pursuant to the new law, HOAs may not prohibit signs and flags to be displayed on an Owner’s Property on the basis of the flag’s or sign’s subject matter, message, or content, except that the HOA can prohibit flags or signs with a commercial message. HOAs are still authorized to restrict the number, placement/location, and size of such flags and signs.
HB 21-1229: REQUIRED ALLOWANCE OF NON-VEGETATIVE TURF
The first part of HB 21-1229 specifies that an HOA cannot prohibit an Owner from installing non-vegetative turf grass (artificial turf) in the backyard of a residential property. The Board can still adopt design or aesthetic guidelines or rules that apply to non-vegetative landscapes.
HB 21-1229: RENEWABLE ENERGY GENERATION DEVICES
HB 21-1229 also clarifies that an HOA cannot apply restrictions on the dimensions, placement, or external appearance of a renewable energy generation device if such restrictions would result in an Owner’s cost of the device increasing by more than 10% or result in a decrease in the efficiency of the device by more than 10%. This new language also requires that an HOA Board respond to an application within 60 days of receiving the application. Otherwise, the application is deemed approved by law. If such application is denied, the basis for denial must be described in reasonable detail to the Owner.
HB 21-1229: RECORD REQUIREMENTS
The last portion of HB 21-1229 amends the record requirements in CCIOA. The bill requires that HOAs maintain a list of the current amounts of all unique and extraordinary fees, assessments, and expenses that are chargeable by the HOAs in connection with the purchase or sale of a unit (transfer fees, record change fees, and the cost for a status letter or statement of assessments due). The HOA must also provide to a requesting Owner the public disclosure information provided in C.R.S. 38-33.3-209.4. Lastly, this bill penalizes an HOA which does not provide the records to a requesting owner within 30 days of the request. The HOA will be liable for $50.00 per day, retroactive to the 11th day after the HOA received the request, up to a maximum of $500.00 or the Owner’s actual damages resulting from not receiving such records.
Renewal of House Bill 13-1277 vetoed by GOVERNOR polis
On May 31, 2019, Governor Jared Polis vetoed the Colorado Legislative attempt to renew HB 13-1277, the bill requiring Community Association Manager’s to be licensed. Governor Polis vetoed HB 13-1277 because he felt there was no correlation between licencing managers and preventing managers from abusing their positions. Originally, this piece of legislation required licensing for anyone who engaged in certain defined activities of a “Community Association Manager” relating to the management of a common interest community (CIC). The Colorado Division of Real Estate has developed a regulatory framework for the licensure of community association managers. More information on the division and its licensing program may be found on the Colorado Division of Real Estate Website.
House Bill 09-1248
This piece of legislation updates the revised Colorado Nonprofit Corporation Act with respect to procedures HOA Board of Directors (BOD) must follow when acting as the BOD outside of a board meeting. Elements of this Bill include the following: (1) Each Board Member must receive written notice of the action to be taken. (2) Upon receiving this notice, the Member may vote in writing for the action, against the action, or may demand that the action be taken at a meeting. (3) After the time specified in the written notice has elapsed, the action will become effective if enough Members have voted in favor of the action.
House Bill 09-1359
This piece of legislation requires that HOAs implement a new Reserve Study Policy. In essence, this new policy must address four issues: (1) When a reserve study has been done or will be done, as well as how a new study will be completed. (2) Whether the study will be based on a physical and financial analysis. (3) How the Association plans to fund the work recommended in the plan. (4) Finally, HB 09-1359 requires that all Executive Board Members shall have available to them all available information relevant to the Association’s operation, including reports of details monthly expenditures, contracts with which the Association is a party, and copies of communications, reports, and opinions to and from officers of the Association.
House Bill 08-1270
This piece of legislation creates rights for members of HOAs who want to install energy-saving devices and energy-conservation measures on their property. HOA Boards have found themselves struggling to reconcile the architectural guidelines of their governing documents with these new restrictions. After a quick review of your governing documents by our attorneys, we can recommend the course of action that your Board should pursue—if any action is necessary—in order to update the rules of your HOA with this new law.
House Bill 09-1091
This piece of legislation requires any existing single-family dwelling or the dwelling unit of an existing multi-family dwelling have an operational carbon monoxide alarm installed within a specified distance of each room lawfully used for sleeping purposes. This bill applies to dwellings with one of the following: (1) A fuel-burning heater or appliance, (2) a fireplace, (3) an attached garage given the dwelling has been offered for sale or transfer on or after July 1, 2009. This bill impacts new construction by This new bill requires the installation of carbon monoxide alarms in any single-family dwelling or multi-family dwelling (that satisfies the above criteria) for which a building permit is issued on or after July 1, 2009.