Date: 04/21/2009

Final
BILL SUMMARY for HB09-1359

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Moved amendment L.001 (Attachment G). The motion
Moved amendment L.001 (Attachment H). The motion
Moved to amend prepared amendment L.002 (Attachmen
Moved to refer House Bill 09-1359 to the Committee		FAIL
FAIL
FAIL
PASS



06:02 PM -- House Bill 09-1359

Representative A. Kerr, prime sponsor of House Bill 09-1359, concerning the governance of common interest communities under the "Colorado Common Interest Ownership Act", introduced the bill. Representative A. Kerr explained that the bill requires board members of a common interest community to receive relevant information related to the operation of a community. The bill also establishes uniform election standards for the executive board of a community and the delegation of authority on the board.

06:06 PM

Peter Minahan, representing himself, testified in support of the bill and discussed the need for transparency in common interest communities and for community members to receive relevant information related to major operations. Mr. Minahan addressed questions from committee members concerning a requirement in the bill for an executive board to study and identify how it proposes to pay for scheduled repair or for the replacement of reserve assets.

06:22 PM

Jerry Orten, Community Associations Institute, testified in support of the bill and talked about the high number of homeowner associations in the state. Mr. Orten discussed changes to the Colorado Common Interest Ownership Act by Senate Bill 05-100 and explained his opposition to the prepared amendments.

06:29 PM

Representative Green addressed the committee and discussed the need to amend the bill and discussed prepared amendments L.001 (Attachment G) and L.002 (Attachment H). She also distributed a handout to the committee concerning the payments made to her own homeowners association (Attachment I).


090421AttachG.pdf


090421AttachH.pdf 090421AttachI.pdf

06:36 PM

Representative Kerr responded to the prepared amendments.
BILL:HB09-1359
TIME: 06:38:01 PM
MOVED:Peniston
MOTION:Moved to amend prepared amendment L.002 (Attachment H), page 1, strike lines 15 through 19. The motion failed on a 4-6 roll call vote.
SECONDED:Schafer S.
VOTE
Acree
No
Bradford
No
Liston
No
McKinley
Excused
Middleton
Yes
Schafer S.
Yes
Tipton
No
Vigil
No
Waller
No
Soper
Yes
Peniston
Yes
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1359
TIME: 06:48:25 PM
MOVED:Peniston
MOTION:Moved amendment L.001 (Attachment G). The motion failed on a 3-7-1 roll call vote.
SECONDED:Schafer S.
VOTE
Acree
No
Bradford
No
Liston
No
McKinley
Excused
Middleton
No
Schafer S.
Yes
Tipton
No
Vigil
Yes
Waller
No
Soper
No
Peniston
Yes
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1359
TIME: 06:53:46 PM
MOVED:Peniston
MOTION:Moved amendment L.001 (Attachment H). The motion failed 2-8 on a roll call vote.
SECONDED:Schafer S.
VOTE
Acree
No
Bradford
No
Liston
No
McKinley
Excused
Middleton
No
Schafer S.
Yes
Tipton
No
Vigil
Yes
Waller
No
Soper
No
Peniston
No
Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1359
TIME: 06:54:59 PM
MOVED:Waller
MOTION:Moved to refer House Bill 09-1359 to the Committee of the Whole. The motion passed 10-0-1 on a roll call vote.
SECONDED:Vigil
VOTE
Acree
Yes
Bradford
Yes
Liston
Yes
McKinley
Excused
Middleton
Yes
Schafer S.
Yes
Tipton
Yes
Vigil
Yes
Waller
Yes
Soper
Yes
Peniston
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS