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BILL # |
POSITION |
CALENDAR NOTIFICATION |
SHORT TITLE |
SPONSORS |
BILL SUMMARY |
STATUS HISTORY |
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HB08-1089 |
Support |
NOT ON CALENDAR |
Nonprofit Corp Board Action Flexibility |
BALMER / VEIGA |
States that, unless otherwise provided in the bylaws, the board of directors of a nonprofit corporation may take action upon written notice and the board members' written vote or failure to respond. |
03/13/2008 Governor Action - Signed |
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HB08-1135 |
Support |
Bill HB08-1135 - CARROLL M. CICs HOAs Due Process Dispute Resolution
Monday, March 24 2008
GENERAL ORDERS--SECOND READING OF BILLS
(14) in senate calendar. |
CICs HOAs Due Process Dispute Resolution |
CARROLL M. / HAGEDORN |
Invalidates covenants, rules, or policies of common interest communities (CICs) that prohibit reasonable modifications of a structure as necessary to allow access by persons with disabilities in accordance with federal law. Requires CICs to adopt and follow written policies for the imposition of fines on unit owners that, at a minimum:
* Create a fair and impartial method for determining whether a violation of the covenants actually occurred and whether the unit owner is responsible for the violation; and
* Provide the unit owner notice and an opportunity to be heard before an impartial decision maker. In existing law encouraging alternative dispute resolution (ADR), adds specific statutory references to available public and private ADR resources, including the office of dispute resolution established by the Colorado judicial branch. |
03/20/2008 Senate Second Reading Laid Over to 03/24/2008 |
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HB08-1148 |
Monitor |
Bill HB08-1148 - WITWER & ... Adverse Possession
Monday, March 24 2008
GENERAL ORDERS--SECOND READING OF BILLS
(9) in senate calendar. |
Adverse Possession |
WITWER & ... / TUPA |
On or after the effective date of the act, in addition to any other requirements specified in current law, specifies that a person may acquire fee simple title to real property by adverse possession only upon satisfaction of each of the following conditions:
* The person and any predecessors in interest of the person, as applicable, have satisfied all of the elements of a claim for adverse possession required at common law.
* The person claiming by adverse possession, or the person's predecessor in interest, had a good faith belief that the person was the actual owner of the property, and the belief was reasonable under the circumstances. In order to prevail on a claim asserting a claim of title to real property by adverse possession, requires the person asserting the claim to prove each of the elements of the claim by clear and convincing evidence. Exempts certain provisions of the act from a claim for adverse possession for the purpose of establishing a prescriptive easement. Prohibits a person from maintaining an adverse possession claim under circumstances where the claim would deprive certain charitable organizations of title to undeveloped land. Where the person asserting a claim of title to real property by adverse possession prevails on such claim, authorizes the court to determine, based upon the facts and circumstances of the case, whether to award the nonprevailing party an amount representing the fair market value of the property that is the subject of the claim as well as an amount representing any property taxes or other assessments levied on the subject property the nonprevailing party has paid from the commencement of the limitation period. |
03/20/2008 Senate Second Reading Laid Over to 03/24/2008 |
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HB08-1195 |
Monitor |
Bill HB08-1195 - MITCHELL V. Return Release Of Deed Of Trust
Monday, March 24 2008
THIRD READING OF BILLS--FINAL PASSAGE
(11) in senate calendar. |
Return Release Of Deed Of Trust |
MITCHELL V. / TAYLOR |
Specifies that the public trustee shall be provided with a current address of the original grantor, assignee, or current owner when a request is made to release a deed of trust. Specifies that, after recording the release of a deed of trust, the county clerk and recorder shall return the release to the original grantor, assignee, or current owner using the address provided to the public trustee. Specifies that, if the release is returned to the county clerk and recorder as undeliverable or unable to forward, the county clerk and recorder shall retain the release according to office policy. Clarifies that, if an original grantor, assignee, or current owner seeks a copy or a certified copy of the release after recording, the original grantor, assignee, or current owner shall be subject to appropriate copy fees. |
03/20/2008 Senate Second Reading Passed with Amendments |
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HB08-1266 |
Monitor |
NOT ON CALENDAR |
Filing Of Notices On Statutory Liens |
WITWER / VEIGA |
Allows a secured party as well as a debtor to file a correction statement to a financing statement to perfect a security interest or agricultural lien. States that the filing of a correction statement does not amend the financing statement. Eliminates the requirement that the secretary of state (secretary) provide information on federal tax lien notices to persons requesting information on records filed with the secretary. Eliminates the requirement that the fee for filing and indexing a record submitted to the secretary in writing be at least twice the amount of the fee for a record communicated by another medium authorized by the secretary. Corrects references to the international association of commercial administrators. Repeals a provision requiring the secretary to accept documents for filing that are sent by facsimile transmission. Requires a person filing a document with the secretary to declare that the document does not contain a taxpayer identification number. Prohibits the secretary from making a record publicly accessible until the secretary removes any taxpayer identification numbers in the record to the extent practicable. Allows the secretary to remove a social security number, employer identification number, electronic mail address, telephone number, password, pass code, and other personal identifying information from a record before making the record publicly accessible. Allows the secretary to remove such personal identifying information from a currently public record upon receipt of a request showing good cause and supported by documents required by the secretary of state. Requires the secretary to retain the unaltered record from which information is removed for public access and to allow inspection of the unaltered record only for good cause, notwithstanding the open records law. Enacts the "Colorado Statutory Lien Registration Act", which:
* Specifies the information that a notice of a designated statutory lien (notice of lien) or an amendment to a notice of lien (notice of amendment) filed with the secretary shall or may contain;
* States that a notice of lien or notice of amendment shall not contain a social security number, employer identification number, or individual taxpayer identification number unless required by law;
* Specifies the circumstances in which the secretary shall or may refuse to accept a notice of lien or notice of amendment for filing;
* Requires the secretary to mark, maintain, and index notices of lien and notices of amendment;
* Requires the secretary to notify a person who presents a notice of lien or notice of amendment for filing if the secretary refuses to accept the notice;
* Allows the secretary to remove a notice of lien from the secretary's records one year after the notice expires;
* Requires the filing office to provide to any person upon request specified information regarding any notice of lien or notice of amendment on file with the office that designates a particular owner;
* States that a notice of lien or notice of amendment that the secretary wrongfully refuses to accept is effective as a filed record except as against a purchaser of the property described in the notice who gives value in reasonable reliance on the absence of the record in the records of the secretary; and
* Directs the secretary to adopt rules to implement the act. Defines terms. |
03/19/2008 Sent to the Governor |
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HB08-1270 |
Monitor |
NOT ON CALENDAR |
CICs Allow Energy Efficiency Measures |
KERR A. / TUPA |
Extends an existing prohibition on covenants and deed restrictions that limit the use of solar energy devices to include other energy efficiency measures, defined to include wind-electric generators, shade structures, shutters, attic fans, evaporative coolers, energy-efficient outdoor lighting devices, and retractable clotheslines. Adds a conforming amendment to the "Colorado Common Interest Ownership Act". |
03/20/2008 Senate Committee on Local Government Pass Amended to Senate Committee of the Whole |
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HB08-1365 |
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Bill HB08-1365 - MCFADYEN Foreclosure Of Lien On Time Share Estate
Thursday, March 27 2008
Upon recess Room 0111 Local Government
(1) in house calendar. |
Foreclosure Of Lien On Time Share Estate |
MCFADYEN |
Allows a unit owners' association foreclosing an assessment lien against a time share estate to join in the foreclosure action multiple defendant obligors, junior lienors, or separate time share estates if:
* The foreclosure action involves a single common interest community;
* The foreclosure action is commenced by a single plaintiff;
* The default and remedy provisions in the project instruments on which the foreclosure action is based are substantially the same for each defendant; and
* The claim against each defendant is a foreclosure of a lien for assessments. In a foreclosure action involving time share estates in which multiple defendants have been joined:
* Requires a court to sever for separate trial any claim of the complaint in which a defense or counterclaim is timely raised by a defendant.
* Allows the plaintiff to name all defendants joined in the action in a single published notice when notice is required.
* Specifies that the action is a single proceeding for purposes of filing fees and service charges. |
03/17/2008 Introduced In House - Assigned to Local Government |
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HB08-1367 |
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Bill HB08-1367 - FRANGAS Abandoned Property Nuisance Abatement
Thursday, March 27 2008
Upon recess Room 0111 Local Government
(2) in house calendar. |
Abandoned Property Nuisance Abatement |
FRANGAS / MITCHELL S. & ... |
Increases the penalties for vandalism of, and trespassing on, unoccupied residential property, making vandalism and second-degree trespassing class 1 misdemeanors and third-degree trespassing a class 2 misdemeanor. Requires electric, gas, and water utilities to disclose customer address information to local authorities when it appears from utility usage records that a residence has been unoccupied for 60 consecutive days. Grants limited immunity to the utility and its agents for making such disclosures. Allows local authorities and mortgagees to take action to close or block off windows and doors and abate nuisances on unoccupied residential property, including removing weeds, brush, and trash from such properties. Allows mortgagees to be cited for failing to abate nuisances after receiving at least 30 days' notice of their potential liability. Includes the cost of such nuisance abatement efforts in the amounts that may be recovered in a foreclosure action. |
03/17/2008 Introduced In House - Assigned to Local Government |
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