HOA Legislative Changes

The following legislative bills passed in Colorado, effective January 1, 2015

DISCLOSURE OF CONTACT INFORMATION

House Bill 14-1125 passed and was signed into law by the governor on 3/27/2014 concerning disclosure of contact information for members and residents under the Colorado Common Interest Ownership Act (CCIOA).  This bill revised statutes 38-33.3-317.

Records related with personnel, salary, or medical records for employees are not subject to inspection or copying and must be withheld. Records related with personal identification, account information including bank account information, telephone numbers, email addresses, drivers’ license numbers, and social security numbers must also be withheld, not subject to inspection or copying. However, a member or resident may provide the association with written consent to disclose and/or publish to the other members and residents, their personal telephone number, email, or both. The written consent must be kept as a record of the association until the association receives written notice of withdrawal of consent.

The specific elements revised are as follows: Residents were added to the statute in terms of personal identification information of members, all language regarding disclosure of permission to publish information and withdrawal of permission to publish information, and the addition of language defining consent records in the “Uniform Electronic Transactions Act”.

To view House Bill 14-1125, click here.

MANAGEMENT FEE DISCLOSURE

House Bill 14-1254 passed and was signed into law by the governor on 4/18/2014 concerning requirements to disclose fees charged to a unit owners’ association by a community association manager.

Fees and charges for contracted services and home sales are required to be disclosed to the Executive Board of the HOA by every manager, agent, or person who represents or negotiates on behalf of a manager during contract negotiations and on an annual basis.

The Director may (and if a written complaint is received, shall) investigate any activities of any community association manager. After holding a hearing in accordance with the State Administrative Procedure Act, the Director may impose an administrative fine not to exceed $2,500.00 for each separate offense in failing to make a full and true disclosure of fees, charges, and remuneration.

To view House Bill 14-1254, click here.

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