Bill Summary for Bill Number SB05-100

Final
BILL SUMMARY for SB05-100

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes:

Action Taken:

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02:22 PM -- Senate Bill 05-100

Representative Carroll, sponsor, described the provision of SB05-100 concerning homeowners property rights. She also distributed Amendments L. 032 (Attachment C), 034 (Attachment D), 035 (Attachment E), 036 (Attachment F), 042(Attachment G) , 044 (Attachment H), 045 (Attachment I), 046 (Attachment J), 047 (Attachment K), 048 (Attachment L), 049 (Attachment M), 050 (Attachment N), 051 (Attachment O), 052 (Attachment P), 053 (Attachment Q), 055 (Attachment R), 056 (Attachment S), and 057 (Attachment T).

Representative May also distributed Amendment L. 038 (Attachment U), Representative Berens distributed Amendment L 039 (Attachment V).

The following persons testified on the bill:

02:40 PM -- Ray Colavita, Villas At Cherry Creek, spoke in opposition to the bill and proposed an amendment to allow a homeowners association (HOA) to exempt itself from the bill (Attachment W).

02:43 PM -- Mary Armstrong, Windsor Gardens, spoke in opposition to the bill and proposed an amendment to exempt her association from the bill.

02:54 PM

Representative Carrol explained that Mr. Armstrong's testimony pertained to the introduced bill and does not recognize amendments that may address her concerns.

02:56 PM -- Mary Schierferecke, Raintree East Homeowners Association, spoke in opposition to the bill and proposed an amendment to the bill.

03:00 PM -- Carrol Richmond, Colorado Association of Realtors, spoke in opposition to the bill and described the state law pertaining to purchase contrasts.

03:14 PM

Representative Carrol described amendments that address Ms. Richmond's concerning including Amendments L. 050, 051, and 052.

03:17 PM -- Brian Terhark, Westwind Management, spoke in opposition to the bill including Sections 7 of the reengrossed bill pertaining to management agents.

03:22 PM -- Maureen Shul, Castle Pines North (CPN) Master Association, commented on the bill and expressed concern about Section 3 of the reengrossed bill pertaining to merged common interest communities.

03:30 PM -- Lynn Chris Pacetti, Community Association Institute (CAI), spoke in support of certain amendments and spoke in opposition to Amendments L. 53, and 56, and expressed concern about Amendment L. 039.

03:34 PM -- Lynn Jordon, CAI, commented on the bill and described provisions Section 38-33.3-101, C.R.S., et seq., "the Common Interest Ownership Act" (CIOA). She also spoke in opposition to certain amendments including Amendment L 053.

03:39 PM -- Christine Heron, CAI, commented on the bill.

03:47 PM -- Michael Marotta, representing himself, spoke in support of the bill and described problems with his HOA including unauthorized closed meetings, withholding financial records, and imposing unreasonable limits on homeowner participation during meetings (Attachment X).

03:55 PM -- Jan Jackson, representing herself, spoke in support of the bill and described problems with her HOA (Attachment Y).

04:02 PM -- Ronald Klein, representing himself, spoke in support of the bill and described problems with his HOA (Attachment Z and AA).

04:18 PM -- Jeremy Bergren, representing himself, spoke in support of the bill and described problems with his HOA.

04:22 PM -- Jim Burneson, representing himself, described problems with his homeowners association (Attachment BB).

04:27 PM -- Emmett Johnson, representing himself, spoke in support of the bill (Attachment CC).

04:31 PM -- Jeanne Thomas, representing herself, spoke in support of the bill and identified documents should be provided to prospective buyers of property in HOAs.

04:36 PM -- Karl Riters, representing himself, spoke in support of the bill.

04:41 PM -- Angela Powell Moore, representing herself, spoke in support of the bill (Attachment DD).

04:44 PM -- Doug Snyder, representing himself, spoke in support of the bill.

04:52 PM -- Don Fymbo, representing himself, spoke in support of the bill (Attachment EE).

04:54 PM -- George Taylor, representing himself, spoke in support of the bill.

04:58 PM -- Melissa Cooner, representing herself, spoke in support of the bill and described problems with her HOA.

05:00 PM -- Jim Eddins, representing himself, spoke in support of the bill.

05:02 PM -- Donna Jack, representing herself, spoke in support of the bill and commented on Amendment L. 047 (Attachment FF).

05:05 PM -- Tom Hindman, Orten & Hindman, submitted a letter of support for Amendments L. 057 and L. 056 (Attachment GG).

05:11 PM -- Alva Ohl, representing himself, commented on the bill.

05:12 PM -- JM Fay, representing himself, commented on the bill. Representative Carrol read Ms. Fay's remarks on her behalf (Attachment HH).

05:17 PM -- Wes Toomey, representing himself, proposed amendments to the bill.

05:18 PM -- Carry Osterhause, representing himself, spoke in support of homeowner education about HOA.

05:19 PM -- Bernie Lumbert, representing himself, commented on the bill (Attachment II).

05:21 PM -- Mattie Zie, representing herself, spoke in support of the bill and described problems with her HOA.

05:23 PM

Testimony was closed and the bill was laid over without amendment. It is scheduled for action only on March 24, at 7:30 am in HCR 0112. The committee recessed.