On March 3, 2016, two members of the House of Representatives from California introduced H.R. 4696 which would amend the tax code to allow certain homeowners to deduct homeowner association assessments. The act, called the “Helping Our Middle Income Earners Act” or “HOME Act” would allow homeowners earning $115,000 or less to deduct up to […]
Beware the Ides of March 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 […]
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 […]
No Support for Support Animal Bill Colorado House Bill 16-1201 has been killed by vote of a house committee. This bill would have established additional regulations for emotional support animals. 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, […]
Emotional Assistance Animal Legislation House Bill 16-1201 has been introduced. It 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. Before granting permission for […]
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 […]
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 […]
Colorado Governor Supporting Construction Defect Reform Colorado 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 […]
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 […]
Unlicensed HOA Manager Community Association Managers and HOAs beware! Nearly 6 months after community association managers were required to be licensed, the State is taking action against individuals and management companies that have yet to meet the requirements of the new law. As of July 1st, 2015, State law requires individuals and companies that manage […]
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