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2018 Legislative Wrap Up

The Colorado legislative session wrapped up yesterday, so today on the blog we are wrapping up all the information you need to know about bills affecting community associations and landlords and tenants. What did and did not pass? First, what DID NOT pass. Let’s just […]

Manager Licensing Bill Dead

The following is from the Colorado Legislative Action Committee. The Colorado Legislative Action Committee (CLAC) is a statewide committee appointed by CAI National. House Bill 18-1175, the Community Association Manager Licensing Sunset Bill that would continue the CAM licensing program for 5 more years, was defeated […]

Quick Legislative Update!

For those interested in landlord/tenant law, SB-10 was signed by the Governor on March 22, 2018. The bill will go into effect on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2018).

The bill requires a residential landlord to provide each tenant with a copy of a written rental agreement signed by the parties and to give a tenant a contemporaneous receipt for any payment made in person with cash or money order. For payments not made in person with cash or money order, the landlord must provide a receipt if the tenant requests it. The landlord may provide the tenant with an electronic copy of the agreement or the receipt unless the tenant requests a paper copy.

For questions or more information, please contact Cornerstone at mail@yourcornerstoneteam.com or 720.279.4351.  To keep up to date on other bills pending in the legislature, check the blog or the 2018 Legislation page on our website!

Changes on the Horizon for Community Association Foreclosures?

A recent Washington D.C. appellate court’s decision, while not binding in Colorado, could make waves in the community association industry, especially if judges in other jurisdictions, including our own, take notice.  The case is Andrea Liu v. US Bank.  In 2014, Liu purchased a condominium […]

Legislative Update

Some quick updates on a few of the pending bills that we are tracking this legislative session: SB 10, which concerns the requirement that residential landlords provide tenants with specified documents relevant to the landlord-tenant relationship, has passed the Senate and has been introduced in the […]

New Bills Introduced – Manager Licensing and Landlord/Tenant Issues

Two bills have been introduced since I last blogged about the Colorado Legislative Session: one concerning community associations, and more specifically, manager licensing (HB 1175) and the second regarding landlord/tenant issues (SB 120).

First, the Colorado General Assembly sets specific dates that a particular agency, board, or function of government will terminate unless the legislature passes new legislation to continue.  An analysis is performed to determine if the program is necessary and should be continued, modified, or cease operations.  The Community Association Manager Program and the Division of Real Estate’s administration of same are under sunset review this year.

Last week, the House Business Affairs and Labor Committee reviewed and held public comment on the Sunset Report prepared by DORA (Department of Regulatory Agencies) in order to determine whether to approve the introduction of a bill which would continue the licensure program for another five years.  The Committee did approve the introduction of HB 1175 (introduced on February 2, 2018) which, if passed, will implement the recommendations contained in the sunset report.

The recommendations included in the bill are as follows:

  • Continuing the licensing of community association managers and management companies, subject to regulation y the director of DORA, for an additional five years (until September 1, 2023).
  • Allowing certain ministerial functions to be delegated to unlicensed persons while maintaining the license requirement for higher-level management functions such as the conduct of board meetings, handling of money, and negotiation of maintenance contracts.
  • Scaling back the amount of, and circumstances in which, direct supervision of an apprentice is required and specifying that a supervising manager is accountable for the actions of an apprentice.
  • Giving the director of DORA the authority to adopt rules governing supervision of apprentices.
  • Removing the automatic acceptance of certain private credentials as qualifications for licensure and substituting a requirement that the director specify the acceptable credentials by rule.
  • Adding due process protections and specific procedural requirements to the director’s authority to issue cease and desist orders.
    • The director also has the option to issue an order to show cause and to hold a hearing before, rather than after, ordering a respondent to cease and desist from suspected unauthorized practices.

It is expected that this bill will ultimately pass and the provisions of the Community Association Manager Program will continue for another five years.

The other bill introduced this past week relates to landlord/tenant issues.  SB 120 was introduced on January 29, 2018, and would allow landlords to initiate an eviction proceeding after providing three days’ notice but requires landlords to accept payment of all outstanding amounts due before the date by which a tenant is required to appear in court in an eviction proceeding.   For a second or subsequent violation of the same agreement within six months of a violation, a landlord may require payment within three days.

This bill, if passed, would provide tenants a longer period of time to cure a default in the payment of rent.  Current law requires a landlord to provide a tenant three days to cure a violation of unpaid rent before the landlord can initiate eviction proceedings based on that unpaid rent.  However, current law does not require a landlord to accept payment of rent once eviction proceedings have commenced.  This law would change that and make the law friendlier towards tenants in regard to payment of late rent and evictions.

Keep following the blog or keep track of bills at the 2018 Legislation page on the website!

 

Excuses, Excuses, Excuses!

If you’ve been in the business long enough (and long enough is a week), you’ve heard plenty of excuses!  Association members who pay their assessments late or not at all come up with some very interesting excuses.  Here are a few of the most common […]

Introducing What Would be the Rental Application Fairness Act

HB18-1127, also known as the Rental Application Fairness Act (creating C.R.S. § 38-12-801 et seq), was introduced in the house on January 19, 2018.  If passed, the bill would do three things: Limit the application fee that a landlord may charge an applicant to the actual […]

More Legislation Introduced!

A couple more bills that would affect developments, community associations, and landlords/tenants!  Let’s dive in!

  • HB-1107 was introduced in the house on January 18, 2018.  The intent of the bill is to facilitate the installation of electric vehicle charging systems.  The bill would require builders to offer purchasers of new residences the option to install; 1) an electric vehicle charging systems; 2) upgrades of wiring to accommodate future installation of an electric vehicle charging station; or 3)  a chase or conduit (or both) to accommodate future installation of wiring necessary for such a system.  It would apply both in traditional detached, single-family homes and also in buildings that contain owner-occupied condominium units.
  • HB-1126 was introduced in the house on January 19, 2018.  This bill would add a provision to the Colorado Common Interest Ownership Act (“CCIOA”) (in Section 106.5 titled Prohibitions Contrary to Public Policy) which would invalidate any covenant that prohibits the keeping of certain types of dogs based solely on a breed, weight, or size classification.  Additionally, the added language states that an association may regulate the number of dogs per household and that it may enforce covenants concerning dog or owner behavior, nuisance barking, waste disposal, and other matters.
  • Another bill related to landlord/tenant law, HB-1127 was introduced in the house on January 19, 2018. This bill does three things:
    1. Limits the application fee that a landlord charges to cover a landlord’s actual costs for a personal reference check or for obtaining a consumer credit report or tenant screening report;
    2. Requires a landlord to provide each prospective tenant with written notice of the landlord’s tenant selection criteria and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee; and
    3. Requires a landlord to provide a prospective tenant with an adverse action notice if the landlord takes adverse action on a prospective tenant after reviewing the prospective tenant’s rental application.

    Check back for a future blog post about the specifics of this bill!

Check out the list of bills being watched here.  The 2018 Legislation page on our website will continually be updated with the status of each bill.  If you have questions or want more information on the legislative session or bills being introduced, please contact us at mail@yourcornerstoneteam.com or 720.279.4351.

The 2018 Colorado General Assembly Regular Session is Off and Running!

The General Assembly got underway yesterday, January 10, 2018 and 130 bills have already been introduced. We will be keeping on top of issues that affect debt collection and community associations, so make sure to check back regularly for updates. HB-1057 was introduced in the […]