Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0793.01 Duane Gall x4335     SENATE BILL 14-140
                   SENATE SPONSORSHIP
 Hill, 
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition on the exercise of lien rights under
            the "Colorado Common Interest Ownership Act" by
            unit owners' associations that do not elect to be
            covered by the entire act.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill requires that, in order to establish or foreclose a lien for
       assessments, a homeowners' association must be subject to the entire
       "Colorado Common Interest Ownership Act".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 38-33.3-116, add (4)
       as follows:
            38-33.3-116.  Exception for new small cooperatives and small
       and limited expense planned communities. (4)  Notwithstanding
       any other provision of law, a cooperative, planned community,
       or other entity, however designated, that purports to come
       within the exception stated in this section shall not impose or
       foreclose a lien for assessments or for any other fee, charge,
       late charge, attorney fee, fine, or interest allegedly due to the
       entity unless the declaration provides that this entire article
       is applicable. A lien imposed in violation of this subsection (4),
       regardless of when it is or was imposed, is hereby declared
       contrary to public policy and is void.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.