SB24-106 Postponed Indefinitely—A Victory for HOAs and Affordable Housing Owners
Colorado Senate Bill 106 was postponed indefinitely on May 3, 2024, marking a victory for homeowner rights and owners of affordable housing. The bill would have stripped Colorado homeowners of many of the limited rights they have in Colorado, thrusting expensive repair bills onto one of Colorado's more vulnerable populations--owners of affordable housing. Colorado's Sen. J. Coleman, Sen. R. Zenzinger and Rep. S. Bird were the prime sponsors of this misguided bill. "Most disturbingly, SB 106 would require that claims dealing with “life, health and safety” problems, those would have to be “imminent” – so in my case, the firewall wouldn’t be a problem unless there was an active fire spreading in the building. It would give builders the right to force unwanted repairs on homeowners – even band-aid fixes that would just cover up the real problem – and would prevent homeowners from pursuing a claim on the underlying defect after such a repair. In most cases, homeowners couldn’t join together, they would have to file claims individually, which is much more expensive and difficult." --Bob Gaiser, Aurora Planning and Zoning Commissioner and member of Build our Homes Right
Jeff Kerrane to participate in CLE on Advanced HOA Issues
On September 30, 2016, Jeff Kerrane will join a distinguished panel of attorneys who will present on a variety of advanced HOA topics.
Colorado Court of Appeals Gives Homebuilders the Gift of Arbitration
Colorado SB 177 died in a House of Representatives committee on Monday, April 27. The bill, which had already been passed by the Colorado Senate, would have given Colorado homebuilders several protections against construction defect lawsuits. A number of Colorado municipalities have been trying to pick up the pieces for the homebuilder lobby by passing their own similar local ordinances. Lakewood, Lone Tree, and Littleton have done so, and several other cities threaten to follow that path as well. The legality and enforceability of such local ordinances is questionable, however, given the breadth of state-level statutes on construction defect claims, common interest communities, and arbitration which arguably preempt and preclude location legislation on those topics.