Homeowner Association & Community Legislation
Recent Legislative Changes
Click on the bold burgundy links below, e.g. "House Bill 13-1277," to view pdf copies of the legislation.
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.
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.
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.
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.
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.