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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 […]

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 […]

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 who manage HOAs without a […]

It’s such a joy doing business with you!  We sincerely thank you for the opportunity to serve you and your communities.  We wish you a joyful holiday season and much success in the New Year! Enjoy more photos from our Holiday Party. Happy Holidays from your friends at Orten Cavanagh & Holmes

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