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News and Insights

A Colorado Senate committee – the State, Military and Veteran Affairs Committee – voted to decrease the amount of time homeowners have to assert construction defects. The committee vote occurred March 16th on Senate Bill 15-91. The time to sue would be reduced from 6 years to 5 for single family homes. A separate bill, […]

A Senate Bill is pending, 15-091, to reduce the time allowed to pursue construction defects from 6 to 3 years.  If a claim arises in the second or third year the HOA would have just 1 year after the cause of action arises.  If passed, these time periods would be among the shortest in the […]

The Rocky Mountain Chapter of CAI now has quarterly manager breakfasts – designed specifically for HOA managers and only managers.  No HOA board members, HOA attorneys or others are allowed! The first breakfast is set for Wednesday, March 4th at 7:30 am at LePeep’s at 1699 S. Colorado Blvd.  These quarterly breakfasts allow managers to […]

The State Legislature is considering changes to construction defect law under Senate Bill 2015-177 and Senate Bill 2015-91.  These bills would make it harder for HOAs to bring construction defect lawsuits against developers. Senate Bill 177 would amend the Colorado Common Interest Ownership Act (CCIOA), not the Construction Defect Action Reform Act (CDARA).  This bill […]

State Senator Ulibarri has introduced Senate Bill 2015-79 to seek to fund statewide affordable housing through a surcharge on recording fees of County Clerks and Recorders.  Community associations record notices of liens, notices of violations, amendments to declarations and more.  This bill, if passed, will have fiscal impact on associations.  The extent of which will […]

On January 6, 2015, the Director of the Colorado Division of Real Estate for the Department of Regulatory Agencies (“Division”) adopted Emergency Rules A, C and D related to Community Association Manager (“CAM”) licensure.  The adopted Emergency Rules outline the qualifications, education, testing, licensing, and insurance requirements necessary for CAM license applications and will expire on May […]

The Federal Housing Finance Agency (FHFA) released a statement expressing concern over state statues, which allow community associations to obtain lien priority over first mortgages for unpaid assessments.  This includes Colorado’s Super Lien statute.  The FHFA is asking for the federal court to intervene in order to seek help for those mortgage services that have […]

The City of Lakewood has passed Ordinance 21, which places additional obstacles on residents and associations to have construction defects corrected.  The ordinance passed on a 7-4 vote.  The city council members did agree to some amendments to the ordinance, including allowing owners to vote by proxy on whether to initiate litigation against the builder, […]

It’s Showtime!

The City of Lakewood is considering an ordinance October 13th to make it harder for residents to have construction defects corrected.  This proposed ordinance is misguided. Property law is principally governed by the Colorado Constitution and legislation adopted by the Colorado General Assembly – not by ordinances of Colorado cities. The rights of Lakewood residents […]

It’s Not Winter Yet

As winter approaches, many Associations are faced with the need to balance the interests of enforcing its landscaping restrictions with the inevitable end to the planting season.  However, there is still some time left and this article from Davey identifies several things to keep in mind as trees are planted.   There are a number […]

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