2022 Legislation affecting Common Interest Communities in Colorado
The second Regular Session of the 73rd General Assembly adjourned on May 11, 2022. The legislative session was an active one for bills affecting Common Interest Communities in the State of Colorado with five new laws which affect many different aspects of HOA life. Visit the links below to find summaries of the bills that became law.
HB22-1040 Home Owners' Reasonable Access To Common Areas
Synopsis: The purpose of the act is to “preserve and protect unit owners’ ability to use and enjoy common elements and shall not unreasonably restrict or prohibit unit owners’ access to, or enjoyment of, any common element, including during the maintenance, repair, replacement or modification of a common element.”
HB22-1137 Homeowners' Association Board Accountability And Transparency
Synopsis: The Act changes multiple sections of CCIOA and Title 13 of the Colorado Revised Statutes. The bill addresses several issues that Colorado lawmakers identified as needing their attention. These include delinquency notice requirements, allocation of fees and fines, interest rates, foreclosure, and access to Small Claims Court in Colorado courts.
HB22-1139 Home Owners' Associations Cannot Regulate Use Of Public Rights-of-way
Synopsis: If your association has public rights-of-way in or through the community, a new law has been signed by the Governor that prohibits the association from regulating the use of the public right-of-way.
Synopsis: The purpose of the act is to clarify the rights of the owner of a vehicle and explain the requirements for a towing operator when a vehicle is parked on private property. Associations are no longer allowed to tow a vehicle from a common parking area just because the vehicle has expired tags. Associations are also prohibited from towing a vehicle from a common parking area with less than twenty-four (24) hours notice after posting a notice.
SB22-059 Home Owners' Association Voting Proxy Limitations
Synopsis: This Act makes a relatively minor change to the language found in section 38-33.3-310 of CCIOA. It now requires that a proxy terminates eleven months after its date unless, the proxy itself indicates an earlier termination date.
Denver county has the largest number of registered HOAs in the state. It also has a short-term rental ordinance that may affect how you able to lease your property. Other counties in Colorado may also have short-term rental ordinances. Be sure to check your county's ordinances before engaging in leasing activities.