- Legislative Update -
HOAs, Managers, Boards and Owners Catch a Break!
Jerry Orten, Orten Cavanagh & Holmes, LLC – May 29, 2020


Good news--at least for now! Two bills that sought to overregulate HOAs, Managers, Boards and Owners have been vanquished - one is gone and the other is neutralized.

HB 1333 was defeated in its entirety (“postponed indefinitely” is the term used at the legislature).  The other bill, HB 1200, was greatly amended and now would merely keep the State’s HOA Information Office and Resource Center in place. It would also add protections for small religious displays on the door or door frame of a home.  Thank you to all who contacted legislators to set them straight on public policy for Colorado HOAs!

Gavel Lady Justice

What Happened to HB 1200?

HB 1200 was amended, simplified and referred to the Finance Committee of the State House of Representatives on May 27th. The Finance Committee is to consider the bill because of the cost of keeping the HOA Information Office and Resource Center. That cost, though nominal, is to be reviewed in light of the State’s current budget crisis. If the Finance Committee acts favorably on the amended bill, it would then be considered twice more in the State House of Representatives, at second and third readings, before being referred to the State Senate.

As introduced, this bill was particularly onerous to and would have taxed, penalized and punished HOAs, Managers, Boards and others for a new lengthy and complicated regulatory regime – all at the cost of owners. Those provisions are gone – for now.

Added by amendment are protections for owners to display small religious displays on the door or door frame of a home. Those religious display rights have protection under the US and the Colorado Constitutions but are restated in the amended bill, specific to displays of 36 square inches or smaller.
The HOA Info Office would be continued until 2025, at which time it would be subject to a ‘sunset’ review to determine if it then should be shut down or continued. In fact, the amended bill itself is part of a 2020 sunset review. The bill, as amended, proposes to continue the HOA Info office.

What Happened to HB 1333?

This bill would have added detailed disclosure and transparency requirements on HOAs – again at the cost of owners, but it was postponed indefinitely. With the defeat of this bill, regulation of HOAs is certain to be re-visited in the future.

How Did We Catch a Break?

The outpouring of emails, phone calls and contacts from you and others to legislators, to enlighten them to better practices and the overreach of these bills, resulted in the defeat of 1333 and the neutralization of 1200. Thank you!

Now, all that remains is watching and monitoring what happens next, including whether the State will continue to fund the HOA Information Office and Resource Center.

Stand by--the legislature remains in session through the beginning of August.

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