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CO HB1400

Bill

Status

Failed

5/2/2016

Primary Sponsor

Su Ryden

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Prohibits homeowners' associations, their boards, managers, and other unit owners from retaliating against homeowners who report alleged violations or participate in investigations related to the Colorado Common Interest Ownership Act (CCIOA).

  • Extends protection to homeowners who inquire about or provide feedback on association matters, exercise legal rights under the association's governing documents, or take lawful action to address, prevent, or stop violations.

  • Allows unit owners to bring civil actions in county or district court for violations of the retaliation prohibition, with prevailing parties awarded reasonable attorney fees and costs.

  • Requires unit owners to follow the association's dispute resolution procedures before filing a civil suit; if the association's policy lacks a good faith meeting requirement, parties must meet to attempt resolution before proceeding.

  • Defines retaliation as enforcement action or suspension of membership privileges by the executive board that lacks factual or legal justification, is primarily motivated by the owner's lawful protected action, and is uniquely enforced against that owner under circumstances that would not ordinarily result in enforcement.

Legislative Description

Protection Against Retaliation By Homeowner Assn

Last Action

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

5/2/2016

Committee Referrals

State, Veterans, & Military Affairs4/22/2016
State, Veterans, and Military Affairs3/24/2016

Full Bill Text

No bill text available