Emotional Assistance Animal Legislation Introduced

ESA

House Bill 16-1201 has been introduced and would require licensed medical professionals to meet with a patient and determine the need for emotional support animals.  These licensed professionals include physicians, physician assistants, anesthesiologist assistants, nurses, psychologists, social workers, marriage and family therapists, professional counselors and addiction counselors.  Prior to granting permission for an emotional support animal, the licensed professional would be required to determine if:

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U.S. House Passes FHA Approval Process Changes

On February 2, 2016, H.R. 3700, the “Housing Opportunity through Modernization Act” passed out of the U.S. House of Representatives and was referred to the U.S. Senate by a vote of 427-0.  H.R. 3700 addresses problems with the current FHA condominium program.  The bill directs the Secretary to streamline the project certification requirements so that recertifications are substantially less burdensome than certifications.  The bill also directs the Secretary to consider lengthening the time between certifications for approved properties and allowing updating of information rather than resubmission.

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Following Suit to Avoid (Law)suits?

As state legislators struggle to develop a cohesive approach to construction defect reform in Colorado, several cities continue their efforts to address this at the local level. Despite recent statements by the Governor advocating a state-level approach, local municipalities are still considering whether to take this on. Most recently, the City of Longmont announced that it is exploring additional measures to address construction defect reform. According to one member of the Longmont city council, the City is considering alternatives to ordinances adopted by other cities, including a requirement that owners in HOA communities must sue builders individually. Under the Colorado Common Interest Ownership Act, associations have the right to file lawsuits on behalf of association members for matters affecting two or more owners in the community.

Colorado Governor Supporting Construction Defect Reform

Governor John Hickenlooper recently called upon the state assembly to continue bipartisan efforts to address construction defect reform in 2016. Based on the Governor’s comments, Coloradans will once again see bills introduced to try to balance the interests of builders, owners and HOAs.  According to the Governor, the issues surrounding construction defect reform are “too important to give up on.”  This perspective from the Governor is supported in light of recent attempts to address construction defect concerns at local levels by an increasing number of cities and municipalities. Disputes between interest groups have stalled past efforts at construction defect reform.

DORA Position on Management Company Record Retention

The state has clarified management company record retention requirements following termination of an Association’s management contract. The management company is required to retain a former client’s records that were produced or involved the management company during the management term. As the Community Association Managers Practices Act became effective January 1, 2015, management companies should retain records for existing clients from at least that date forward or any longer period required by the HOA’s records retention policy or CCIOA. Those records must be kept for 3 years after termination. The management company is not required to retain any HOA documents that are publicly recorded or documents created prior to inception of the management relationship which did not involve its participation. Post termination storage retention costs cannot be charged to the HOA unless the management contract specifically details the cost and the Association agreed. Click here to view DORA’s complete CAM Rules and Position Statements. 

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