Amendments for HB17-1279
House Journal, April 20
14 HB17-1279 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend printed bill, page 3, line 8, after "of" insert "construction defect".
19
20 Page 3, line 10, before "ACTION" insert "CONSTRUCTION DEFECT".
21
22 Page 3, strike lines 13 and 14 and substitute "CONSTRUCTION
23 PROFESSIONAL AGAINST WHOM A CONSTRUCTION DEFECT ACTION IS
24 PROPOSED; EXCEPT THAT THIS NOTICE REQUIREMENT DOES NOT APPLY TO:
25 (A) CONSTRUCTION PROFESSIONALS IDENTIFIED AFTER THE NOTICE
26 IS MAILED; OR
27 (B) JOINED PARTIES IN A CONSTRUCTION DEFECT".
28
29 Page 3, line 19, strike "FIFTEEN" and substitute "TEN" and strike "THIRTY"
30 and substitute "FIFTEEN".
31
32 Page 3, line 23, after "MEETING." insert "IN NO EVENT SHALL THE TIME
33 PERIOD FOR PROVIDING THE NOTICE REQUIRED PURSUANT TO SUBSECTION
34 (1)(c)(I) OF THIS SECTION, HOLDING THE MEETING REQUIRED PURSUANT TO
35 THIS SUBSECTION (1)(c)(II), AND VOTING AS REQUIRED BY SUBSECTION
36 (1)(d) OF THIS SECTION EXCEED NINETY DAYS.".
37
38 Page 3, line 26, before "ACTION." insert "CONSTRUCTION DEFECT" and
39 strike everything after the period.
40
41 Page 3, strike line 27.
42
43 Page 4, strike line 1 and substitute "THE DISCLOSURE AND VOTING PERIOD
44 SHALL END NINETY DAYS AFTER THE MAILING DATE OF THE MEETING
45 NOTICE OR WHEN THE ASSOCIATION DETERMINES THAT THE
46 CONSTRUCTION DEFECT ACTION IS EITHER APPROVED OR DISAPPROVED,
47 WHICHEVER OCCURS FIRST.".
48
49 Page 4, strike line 6 and substitute:
50
51 "(C) THE PRESENTATION AT THE MEETING BY THE CONSTRUCTION
52 PROFESSIONAL OR THE CONSTRUCTION PROFESSIONAL'S DESIGNEE MAY,
53 BUT".
54
55 Page 4, line 11, strike "GENERAL".
2017 Page 994 House Journal--100th Day--April 20,
1 Page 4, line 12, after "ACTION," insert "WHICH DESCRIPTION IDENTIFIES
2 ALLEGED DEFECTS WITH REASONABLE SPECIFICITY,".
3
4 Page 4, strike line 14 and substitute "PERTINENT INFORMATION.
5 REASONABLE SPECIFICITY DOES NOT REQUIRE EXPERT OPINIONS. THE
6 NOTICE SHALL ALSO INCLUDE THE FOLLOWING DISCLOSURES:".
7
8 Page 5, strike line 7 and substitute "PAID (AN HOURLY FEE OF $_____) (A
9 FIXED FEE OF $_____)).
10
11 Page 6, strike lines 19 and 20 and substitute:
12
13 "(IV) THE ASSOCIATION SHALL MAINTAIN A VERIFIED OWNER
14 MAILING LIST THAT IDENTIFIES THE OWNERS TO WHOM THE ASSOCIATION
15 MAILED THE NOTICE REQUIRED PURSUANT TO THIS SUBSECTION (1)(c). THE
16 VERIFIED OWNER MAILING LIST SHALL INCLUDE, FOR EACH OWNER, THE
17 ADDRESS, IF ANY, TO WHICH THE ASSOCIATION MAILED THE NOTICE
18 REQUIRED PURSUANT TO THIS SUBSECTION (1)(c). THE ASSOCIATION SHALL
19 PROVIDE A COPY OF THE VERIFIED OWNER MAILING LIST TO EACH
20 CONSTRUCTION PROFESSIONAL WHO IS SENT A NOTICE PURSUANT TO THIS
21 SUBSECTION (1)(c) AT THE OWNER MEETING REQUIRED UNDER SUBSECTION
22 (1)(c)(II) OF THIS SECTION. THE OWNER MAILING LIST SHALL BE DEEMED
23 VERIFIED IF A SPECIMEN COPY OF THE MAILING LIST IS CERTIFIED BY AN
24 ASSOCIATION OFFICER OR AGENT. IF THE ASSOCIATION COMMENCES A
25 CONSTRUCTION DEFECT ACTION AGAINST ANY CONSTRUCTION
26 PROFESSIONAL, THE ASSOCIATION SHALL FILE ITS VERIFIED OWNER
27 MAILING LIST AND RECORDS OF VOTES RECEIVED FROM OWNERS DURING
28 THE VOTING PERIOD WITH THE APPROPRIATE FORUM UNDER SEAL.
29 (V) THE SUBSTANCE OF A PROPOSED CONSTRUCTION DEFECT
30 ACTION MAY BE AMENDED OR SUPPLEMENTED AFTER THE MEETING, BUT
31 AN".
32
33 Page 6, line 24, after the period add "OWNER APPROVAL PURSUANT TO
34 SUBSECTION (1)(d) OF THIS SECTION IS NOT REQUIRED FOR AMENDMENTS
35 OR SUPPLEMENTS TO A CONSTRUCTION DEFECT ACTION MADE AFTER THE
36 NOTICE PURSUANT TO THIS SUBSECTION (1)(c) IS SENT.".
37
38 Page 7, line 1, before "ACTION" insert "CONSTRUCTION DEFECT".
39
40 Page 7, line 4, strike "IN A PLANNED COMMUNITY".
41
42 Page 7, strike lines 5 through 7 and substitute "CONSTRUCTION DEFECT
43 ACTION IF THE ALLEGED CONSTRUCTION DEFECT PERTAINS TO A FACILITY
44 THAT IS INTENDED AND USED FOR NONRESIDENTIAL PURPOSES AND IF THE
45 REMEDY TO REPAIR THE ALLEGED DEFECT DOES NOT EXCEED FIFTY
46 THOUSAND DOLLARS. SUCH APPROVAL IS NOT REQUIRED FOR AN
47 ASSOCIATION TO PROCEED WITH A CONSTRUCTION DEFECT ACTION WHEN
48 THE ASSOCIATION IS THE CONTRACTING PARTY FOR THE PERFORMANCE OF
49 LABOR OR PURCHASE OF SERVICES OR MATERIALS.".
50
51 Page 7, line 9, after "VOTE" insert "SHALL BE SUBMITTED ONLY ONCE
52 AND".
53
54 Page 7, line 12, strike the period and add "UNTIL THE CONCLUSION OF THE
55 CONSTRUCTION DEFECT ACTION, INCLUDING ALL APPEALS, IF ANY.".
56
1 Page 7, strike lines 13 through 16 and substitute:
2
3 "(II) (A) NOTHING IN THIS SECTION ALTERS THE TOLLING
4 PROVISIONS OF SECTION 13-20-805.
5 (B) ALL STATUTES OF LIMITATION AND REPOSE APPLICABLE TO
6 CLAIMS BASED ON DEFECTS DESCRIBED WITH REASONABLE SPECIFICITY IN
7 THE NOTICE, WHICH MAY BE SUPPLEMENTED OR AMENDED PURSUANT TO
8 SUBSECTION (1)(c)(IV) OF THIS SECTION, ARE TOLLED FROM THE DATE THE
9 NOTICE SENT PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION IS MAILED
10 UNTIL EITHER THE NINETY-DAY VOTING AND DISCLOSURE PERIOD ENDS OR
11 UNTIL THE ASSOCIATION DETERMINES THAT THE CONSTRUCTION DEFECT
12 ACTION IS EITHER APPROVED OR DISAPPROVED, WHICHEVER OCCURS FIRST.
13 (C) THE APPLICABLE STATUTES OF LIMITATION AND REPOSE THAT
14 APPLY TO CLAIMS BASED ON A DEFECT DESCRIBED IN THE NOTICE WITH
15 REASONABLE SPECIFICITY ARE TOLLED PURSUANT TO THIS SUBSECTION
16 (1)(d)(II) ONCE, AND MAY NOT EXTEND THE STATUTES OF LIMITATION AND
17 REPOSE THAT APPLY TO CLAIMS BASED ON THAT DEFECT FOR MORE THAN
18 A TOTAL OF NINETY DAYS, RESPECTIVELY; EXCEPT THAT, IF A DEFECT NOT
19 INCLUDED IN THE NOTICE SENT PURSUANT TO SUBSECTION (1)(c) OF THIS
20 SECTION IS THE SUBJECT OF A LATER VOTE, TOLLING PURSUANT TO THIS
21 SUBSECTION (1)(d) APPLIES.".
22
23 Page 7, line 25, change the period to a semicolon and add "AND
24 "AFFILIATE" INCLUDES AN ENTITY CONTROLLED OR OWNED, IN WHOLE OR
25 IN PART, BY ANY PERSON THAT CONTROLS OR OWNS A DEVELOPMENT
26 PARTY OR BY THE SPOUSE OF A DEVELOPMENT PARTY.".
27
28 Page 7, line 27, change the semicolon to a comma and add "UNLESS A
29 VOTE FROM SUCH AN INSTITUTION IS ACTUALLY RECEIVED BY THE
30 ASSOCIATION;".
31
32 Page 8, line 14, strike "THREE" and substitute "FIVE".
33
34 Page 8, line 17, strike "LISTED IN THE NOTICE OF CLAIM" and substitute
35 "AGAINST WHOM A CONSTRUCTION DEFECT ACTION IS PROPOSED".
36
37 Page 9, strike lines 11 through 26.
38
39 Strike page 10 and substitute:
40
41 "38-33.3-117. Applicability to preexisting common interest
42 communities. (1.9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
43 SECTION 38-33.3-303.5 APPLIES TO ALL COMMON INTEREST COMMUNITIES
44 CREATED WITHIN THIS STATE ON, BEFORE, OR AFTER JULY 1, 1992, WITH
45 RESPECT TO EVENTS AND CIRCUMSTANCES OCCURRING ON OR AFTER
46 SEPTEMBER 1, 2017.
47 SECTION 3. Applicability. This act applies to construction
48 defect actions as to which the cause of action accrued on or after the
49 effective date of this act.
50 SECTION 4. Safety clause. The general assembly hereby finds,
51 determines, and declares that this act is necessary for the immediate
52 preservation of the public peace, health, and safety.".
53
54
House Journal, April 21
1 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
2 April 19, 2017, and placed in member's bill file; Report also printed in
3 House Journal, April 20, 2017.
4
5 Amendment No. 2, by Representative(s) Garnett.
6
7 Amend the State, Veterans, and Military Affairs Report, dated April 19,
8 2017, page 2, line 8, after "DESIGNEE" insert "OR DESIGNEES".
9
10 Page 2, strike line 14 and substitute "THE".
11
12 Page 3, line 13, strike "REMEDY" and substitute "COST".
13
14 Page 4, line 4, strike "RESPECTIVELY; EXCEPT THAT, IF" and substitute
15 "RESPECTIVELY. IF".
16
17 Page 4, line 7, strike "APPLIES."." and substitute "APPLIES UNLESS THE
18 CLAIM BASED ON THAT DEFECT IS OTHERWISE BARRED BY THE STATUTE OF
19 LIMITATIONS OR STATUTE OF REPOSE."."
20
21 Page 4, line 27, strike "as to which the cause of action accrued" and
22 substitute "filed".
23
24 As amended, ordered engrossed and placed on the Calendar for Third
25 Reading and Final Passage.
26
27