Colorado H.B. 12-1237 (the HOA records bill) To Go Into Effect January 1, 2013
More than 30 bills died in our last legislative session but H.B. 1237 wasn’t one of them. Not nearly as controversial as civil unions, H.B. 1237 enjoyed bipartisan support in our legislature, with some amendments and receive Governor Hickenlooper’s signature on May 29, 2012. The provisions in the bill go into effect January 1, 2013.
Tolling the Statutes of Limitations and Repose: The Notice of Claim Process in Colorado
The statutes of limitation and repose state that if homeowners do not pursue their claims within a set amount of time, their claims are forever time-barred (See cdlawblog.com’s April 2, 2012 blog “What Every Homeowner Should Know About Colorado’s Statutes of Limitations and Repose for Construction Defect Claims”). However, the Colorado Construction Defect Action Reform Act (CDARA)—the statute under which homeowners bring their construction defect claims against construction professionals—requires a procedure that tolls, or stops, the clock on the statutes of limitation and repose before filing a lawsuit.
What Every Homeowner Should Know About Colorado’s Statutes of Limitations and Repose
The statutes of limitations and repose have profound effects on every new homeowner’s rights against a builder for construction defect claims. In short, the statutes of limitations and repose state that if homeowners do not pursue their claims within a set amount of time, their claims are forever time-barred.