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CO HB1400
Bill
Status
5/2/2016
Primary Sponsor
Su Ryden
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AI Summary
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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).
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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.
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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.
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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.
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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