COLORADO LEGISLATIVE ACTION COMMITTEE

2008 Bills of Interest and Legislative Status

Prepared by Kevin Moore & Jerry Orten, 2/13/08

BILL NO.	TITLE	PRIMARY SPONSOR	DESCRIPTION	STATUS
HB 08-1135	Common Interest Communities & HOAs Due Process Dispute Resolution	M. Carroll	Three major areas: §         SECTION I, Disabled access and enjoyment: invalidating covenants that prohibit building modifications to accommodate persons with disabilities; §         SECTION II, Due Process: requiring due process in fine and procedures; and Associations must adopt and follow written fine procedures that include fair and impartial fact-finding process by an ‘impartial decision maker.’ §         SECTION III, Alternative Dispute Resolution: encouraging homeowners and associations to make use of all available public or private resources for alternative dispute resolution.	Passed House 1/25/08, introduced in the Senate 1/30/08 and assigned to Local Government committee.
HB 08-1089	Nonprofit Corp Board Action Flexibility	D. Balmer	Addresses the authority of a nonprofit corporation to take action by votes in writing rather than at a meeting in which decision makers are physically present.	Passed the House, as amended during second reading.  Introduced in the Senate and assigned to Business, Labor and Technology Committee 2/7/08.
HB 08 1270	Energy Efficiency	A. Kerr	Rep. Andy Kerr addresses the installation of energy efficiency measures in common interest communities & homeowners associations. The legislation expands the existing statute relating to the installation of solar energy. Associations will need to know how the bill addresses installation of energy efficient devices such as solar panels, clotheslines, awnings, shades, etc. on homes.  Extends a prohibition on covenants and deed restrictions that limit the use of solar energy devices to include other energy efficiency measures including wind-electric generators, shade structures, shutters, attic fans, evaporative coolers, certain outdoor lighting devices and retractable clotheslines.	Introduced House 1/31/08, assigned to the Transportation and Energy Committee.