Beware the Ides of March for Adoption of CD Ordinances!

On March 15, 2016, two more local governments adopted construction defect ordinances. Under local government public health, safety and welfare powers, municipalities are attempting to supplement perceived deficiencies in the Colorado Construction Defect Action Reform Act with the intent of decreasing builder and developer liability represented as an effort to promote affordable housing. Loveland adopted Ordinance No. 6004, and Fort Collins adopted Ordinance No. 030-2016.

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Rain Barrel Bill Back Again this Year

Colorado is the only state in the country where rain barrels are largely illegal. Last year, a bill to allow homeowners to collect two 55 gallon barrels of water for outdoor purposes passed out of the House, but was killed in the Senate based on the position that allowing residential property owners to collect two 55 gallons of water would constitute appropriation of pre-existing senior water rights.

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No Support for Support Animal Bill

Colorado House Bill 16-1201, which would have established additional regulations for emotional support animals, has been killed by vote of a house committee.  Although the proposed bill did not attempt to provide guidelines for determining when support animals must be permitted under state and federal fair housing laws, it would have required Colorado licensed medical professionals to make a finding regarding a disability or that there was insufficient information to make such a finding.  Most significantly, it would have required the licensee to meet with the patient in person.  Unlike service animals under the ADA, standards governing emotional support animals are virtually nonexistent and there are no restrictions on the types of animals that qualify as assistance or companion pets. Associations frequently end up relying on statements made by unlicensed individuals who may be out of state and never even met the individuals making requests.  The standards are vague enough that associations may face a risk if the association fails to make a proper determination.

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Emotional Assistance Animal Legislation Introduced

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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