COVENANTS take a hit in General Assembly
April 16th, 2008, 6:46 pm · Post a Comment · posted by Bill Vogrin
For several years, Colorado lawmakers have worked to reform the covenants, or rules, that govern thousands of neighborhoods, townhomes and condominium complexes in Colorado.
The 2008 General Assembly is no different. It has produced two bills that would have a big impact on so-called covenant-protected neighborhoods. Both bills are awaiting action by Gov. Bill Ritter.
The first bill, House Bill 1135, was sponsored by Rep. Morgan Carroll, D-Aurora. It changes the hearing process required before a homeowners association can fine a homeowner for a covenant violation. It encourages mediation and orders HOAs to use “impartial decision makers” in resolving disputes.
Here is a link to the bill.
The second bill, House Bill 1270, was sponsored by Rep. Andy Kerr, D-Littleton, and Sen. Ron Tupa, D-Boulder, and addresses use of energy efficiency devices in covenant-protected neighborhoods.
Besides allowing continued use of solar energy panels, it expands the list of approved devices to include wind-powered electric generators, so-called swamp coolers, awnings, shutters, attic fans and retractable clotheslines.
Here is a link to the bill.
An analysis of the bill is available at the Web site fo the HindmanSanchez law firm of Arvada, which specializes in representing homeowners associations. It can be found here.
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