Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0538.01 Jennifer Berman x3286SENATE BILL 16-082 SENATE SPONSORSHIP Carroll, HOUSE SPONSORSHIP Ryden, Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT Concerning the prohibition of retaliatory action against a homeowner by the homeowners' association to which the homeowner belongs. 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 prohibits a homeowners' association or other person from retaliating or discriminating against a homeowner who files a complaint; otherwise acts in furtherance of a complaint, report, or investigation of an alleged violation of the "Colorado Common Interest Ownership Act" (CCIOA) or a legally enforceable document created under the CCIOA; or exercises or attempts to exercise any right as a homeowner. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 38-33.3-125 as follows: 38-33.3-125. Retaliation prohibited. (1) An association or its board of directors or manager, another unit owner, or any person acting on behalf of an association or a unit owner, shall not retaliate or discriminate against a unit owner who, through a lawful action done in an effort to address, prevent, or stop a violation: (a) Complains or otherwise reports an alleged violation; (b) Causes a complaint or report of an alleged violation to be filed; (c) Participates in or cooperates with an investigation of a complaint or report filed; (d) Otherwise acts in furtherance of a complaint, report, or investigation concerning an alleged violation; or (e) Exercises or attempts to exercise any right under: (I) This article; (II) The association's bylaws, articles, or rules and regulations; (III) The declaration; or (IV) Any covenant or other legally enforceable document setting forth the rights and responsibilities of the association, its board of directors or manager, or the unit owner. (2) A unit owner may bring a civil action in county or district court alleging a violation of this section. If the unit owner prevails, the court may issue an injunction or award damages, court costs, attorneys' fees, or any other relief that the court deems appropriate. (3) As used in this section, "violation" means a violation of: (a) This article; (b) An association's bylaws, articles, or rules and regulations; (c) A declaration establishing a common interest community; or (d) Any covenant or other legally enforceable document setting forth the rights and responsibilities of an association, its board of directors or manager, or a unit owner. 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.