Is your HOA Registered with the State as Required: Look them up
CCIOA Colo HOA Law
Colorado Common Interest Ownership Act (“CCIOA”): primary HOA
law in Colorado
Pre CCIOA HOA Law HOA Declared Prior to July 1992
HOA Ombudsman Bill, HB 10-1278, into Law: created the Colorado
HOA Information Office and Resource Center
HOUSE BILL 11-1124 Concerns Conflict of Interests Related to HOA
Boards of Directors
HB 1237: amends the association records provision of CCIOA to: (1)
make it clear what records must be maintained and produced to
homeowners; (2) specifically list the types of records which may be
withheld from production; and (3) eliminate the requirement that
owners must state a "proper purpose" prior to being permitted to
inspect records
Our efforts are directed at modifying Colorado HOA legislation, not
starting all over or tossing away the efforts of those who worked on
and got such legislation passed. Notice the missing element in all of
these laws: there is no binding dispute resolution process
mentioned, no penalties for violators, and consequently the
homeowner is left with our pay to play, costly, litigious, time
consuming, and complicated Court System to get any part of any of
these laws enforced in their behalf.
Simply including a paragraph or two in each law that mandates an out
of court, binding dispute resolution process for homeowner
complaints would make this very weak and ineffective legislation fair
and balanced and effective for both the homeowner and HOA.
CCIOA Colo HOA Law
Colorado Common Interest Ownership Act (“CCIOA”): primary HOA
law in Colorado
Pre CCIOA HOA Law HOA Declared Prior to July 1992
HOA Ombudsman Bill, HB 10-1278, into Law: created the Colorado
HOA Information Office and Resource Center
HOUSE BILL 11-1124 Concerns Conflict of Interests Related to HOA
Boards of Directors
HB 1237: amends the association records provision of CCIOA to: (1)
make it clear what records must be maintained and produced to
homeowners; (2) specifically list the types of records which may be
withheld from production; and (3) eliminate the requirement that
owners must state a "proper purpose" prior to being permitted to
inspect records
Our efforts are directed at modifying Colorado HOA legislation, not
starting all over or tossing away the efforts of those who worked on
and got such legislation passed. Notice the missing element in all of
these laws: there is no binding dispute resolution process
mentioned, no penalties for violators, and consequently the
homeowner is left with our pay to play, costly, litigious, time
consuming, and complicated Court System to get any part of any of
these laws enforced in their behalf.
Simply including a paragraph or two in each law that mandates an out
of court, binding dispute resolution process for homeowner
complaints would make this very weak and ineffective legislation fair
and balanced and effective for both the homeowner and HOA.
Colorado Legislation and Law
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| Colorado HOA Forum: Homeowner Advocates |
HOA Legislation: 2013
How 2013 HOA legislation will effect
HOA homeowners HOA's, and
community association managers
The actual legislation:
HB 1134 Expansion of Duties of State HOA
Office
HB 1276 HOA Debt Collection
HB 1277 Licensing Community Association
Manages (CAM)
Colorado HOA Office and Resource Center: a
good source for HOA guidelines, information,
and legislation
Colorado HOA Information Office and Resource
Center 2012 Report
How 2013 HOA legislation will effect
HOA homeowners HOA's, and
community association managers
The actual legislation:
HB 1134 Expansion of Duties of State HOA
Office
HB 1276 HOA Debt Collection
HB 1277 Licensing Community Association
Manages (CAM)
Colorado HOA Office and Resource Center: a
good source for HOA guidelines, information,
and legislation
Colorado HOA Information Office and Resource
Center 2012 Report
SB 11-234 Transfer Fees
"transfer fee" paid by the seller (or buyer depending on how negotiated)
of a home in an HOA. Basically, the real estate, property management
company, and others involved in the sale of property impose a fee on the
sales transaction to cover expense their expenses in verifying and
providing information. The Bill makes such transfer fees illegal for most
home sales BUT with a specific exemption in the law that excludes HOA
home sales and is mainly levied by property management companies.
The amount of the fee can range from a flat fee of $100 to over $500 or
up to 1% of the sales price of the home.
Wasn't all this record keeping part of the normal closing costs and/or for
what an HOA pays a property management company to complete in their
baseline services? This task of transferring names and verifying
information with the HOA about the homeowner doesn't seem to warrant
charging hundreds of dollars. We suggest and will work to have this fee
made illegal for HOA's or at the very least put a cap on this fee of $50 to
$75 or less. There are other factors to be considered relating to transfer
fees such as repeated and different requests for verifying information on
the sale of a single property that increase the costs to the property
management company. We will continue to study this issue as we are
sure there is another argument for transfer fees. This will be on our
agenda for next year and we will work with folks in the property
management industry to find an agreeable and workable solution to the
abuse some practice in collecting this fee.
If non-HOA businesses are precluded from this practice and survived
perfectly well, the argument of financial burden for those in the HOA
property management industry for retaining the transfer at this point
seems weak but we are open to suggestions.
"transfer fee" paid by the seller (or buyer depending on how negotiated)
of a home in an HOA. Basically, the real estate, property management
company, and others involved in the sale of property impose a fee on the
sales transaction to cover expense their expenses in verifying and
providing information. The Bill makes such transfer fees illegal for most
home sales BUT with a specific exemption in the law that excludes HOA
home sales and is mainly levied by property management companies.
The amount of the fee can range from a flat fee of $100 to over $500 or
up to 1% of the sales price of the home.
Wasn't all this record keeping part of the normal closing costs and/or for
what an HOA pays a property management company to complete in their
baseline services? This task of transferring names and verifying
information with the HOA about the homeowner doesn't seem to warrant
charging hundreds of dollars. We suggest and will work to have this fee
made illegal for HOA's or at the very least put a cap on this fee of $50 to
$75 or less. There are other factors to be considered relating to transfer
fees such as repeated and different requests for verifying information on
the sale of a single property that increase the costs to the property
management company. We will continue to study this issue as we are
sure there is another argument for transfer fees. This will be on our
agenda for next year and we will work with folks in the property
management industry to find an agreeable and workable solution to the
abuse some practice in collecting this fee.
If non-HOA businesses are precluded from this practice and survived
perfectly well, the argument of financial burden for those in the HOA
property management industry for retaining the transfer at this point
seems weak but we are open to suggestions.
We are not a legal web site. Until there is an out-of-court binding dispute resolution process for HOA complaints, consult an HOA attorney before any court action. |
Targeted for next legislative session