BY SENATORS Phillips, Thiebaut, Linkhart, Matsunaka, Rupert, Schroeder, and Tebedo;
also REPRESENTATIVE Kaufman.
CONCERNING MEDIATION OF CONTROVERSIES BETWEEN UNIT
OWNERS' ASSOCIATIONS AND UNIT OWNERS UNDER THE "COLORADO
COMMON INTEREST OWNERSHIP ACT".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 33.3 of title 38, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
3833.3124. Mediation
when required. (1) ANY CONTROVERSY
BETWEEN AN ASSOCIATION AND A UNIT OWNER ARISING OUT OF THE PROVISIONS
OF THIS ARTICLE MAY BE SUBMITTED TO MEDIATION BY EITHER PARTY
TO THE CONTROVERSY PRIOR TO THE COMMENCEMENT OF ANY LEGAL PROCEEDING.
(2) THE MEDIATION AGREEMENT, IF ONE IS
REACHED, MAY BE PRESENTED TO THE COURT AS A STIPULATION. EITHER
PARTY TO THE MEDIATION MAY TERMINATE THE MEDIATION PROCESS WITHOUT
PREJUDICE.
(3) IF EITHER PARTY SUBSEQUENTLY VIOLATES
THE STIPULATION, THE OTHER PARTY MAY APPLY IMMEDIATELY TO THE
COURT FOR RELIEF.
SECTION 2. Effective
date applicability. This act shall
take effect July 1, 1998, and shall apply to controversies arising
on or after said date.
SECTION 3. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO