CLAC (Colorado Legislative Advisory Committee) was busier
than anticipated this past session of the Colorado General Assembly.The various actions of the Legislature kept
this 18 member committee of CAI and their lobbyists hopping again this year.CLAC has members from both the Rocky Mountain
and the Southern Colorado chapters.Although
there were no major ‘omnibus’ HOA bills like SB 89 and SB 100 of some previous
years, there were plenty of proposed ideas for laws and proposed laws from
different lawmakers to keep our group quite occupied.CLAC membership doesn’t offer a ‘free ride’
and CLAC members are expected to participate fully to help achieve the goals of
the group.
One of the factors that now contribute to CLAC’s busy status
is that CLAC and consequently CAI are becoming a recognized presence at the State
Capitol as a knowledgeable and prudent voice for common interest
communities.This reputation has been
‘hard won’ through lots of effort from our lobbyists, Ruth Aponte and Amy
Redfern, along with CLAC taking a responsible and well thought through advocacy
posture on issues facing our industry.This recognized presence has now placed CLAC and CAI in a position where we are often asked
to meet with various legislative sponsors regarding their ideas before any
legislation is introduced, thus providing CLAC an opportunity to react and help
formulate solutions to issues prior to their Legislative introduction.This provides us with an important ‘seat at
the table’ while these various concepts are being initially discussed &
debated rather than operating in a solely reactive mode.
Preparation for the Legislative Session by CLAC begins months
in advance of the actual start of the actual convening of the Legislature.For example, for the 2009 year, efforts were
put forth toward working with the PR committee to ‘orient’legislators to the presence and existence of CAI; efforts in researching alternative
energy sources; updating the ‘Frequently Asked Questions’ booklet; re-hiring
the lobbyists; fund raising for CLAC (a continual endeavor) and staying abreast
of current notions like the manager licensing issue.
During this actual 120-day Legislative session, beginning in January, CLAC and their lobbyists
screened hundreds of bills, and followed nearly 40 of varying degrees of
interest to common interest communities.Some examples are: the committee was involved with restrictions on
energy savings devices (HB 1107-eventually withdrawn through CLAC efforts) ;
extensive discussions on one key Legislator’s concepts on another ‘omnibus’ and
far reaching HOA bill (later negotiated by CLAC to a smaller and more
manageable bill) and extensive work on the foreclosure issue and related problems
(HB1276).Also among the complex issues
CLAC dealt with were affordable housing (HB1220); equity skimming (HB1227);
public nuisances (HB1227); ‘good Samaritan’ immunity from litigation (HB1235);
and a general program of outreach to key legislators. Tactually, CLAC handles many of these issues
through the use of ‘sub-groups’ of 2-3 committee members assigned to monitor, analyze,
give input and perhaps testify on an issue such as small common interest
communities (SB249); or moratory interest regarding construction defect claims (SB246).Late in the session, CLAC had to hurriedly participate
in some adjustments to powers of Association Boards and mandates for reserve
study analysis (HB1359) (where CLAC had to battle amendments relating to
foreclosures and attempting to mandate certain dues notices and regulate
delinquencies;) along with concepts relative to pre-wiring new construction to
accommodate energy generating devices (HB1354.)A matrix showing the status of all HOA legislation is published, available
on the website and updated daily.
CLAC is a national committee, appointed by the CAI national office and the size is
limited.CLAC has however adopted
standards for membership which include significant contributions in: political Awareness on how State public policy is
crafted and by whom; significant figure in HOA community; strong CAI affiliation; ability to contribute to CLAC mission; ability to interact
with political leaders; and/or leadership skills.
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Chris Pacetti, PCAM is Chair of CLAC
& the community manager for the Ken Caryl Ranch master association; Kevin
Moore is Secretary of CLAC & a retired Lobbyist/CPA.
