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After negotiations collapsed last week over proposed statewide construction defect legislation, the future of construction defect reform remains to be seen. What is clearly evident, however, is that many cities and local municipalities are not afraid to take matters into their own hands. But how effective are local ordinances? In a recent decision, City of […]

Recently we learned that a nationwide property insurer has adopted an additional endorsement which becomes part of the association’s property insurance policy upon its renewal. The endorsement states that the policy does not cover the cost to replace undamaged materials to have them match or otherwise be aesthetically compatible with the damaged materials. What does […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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