State Bill Colorado

Amendments for HB23-1105

House Journal, February 24
13 HB23-1105 be amended as follows, and as so amended, be referred to
14 the Committee on Appropriations with favorable
15 recommendation:
16
17 Amend printed bill, strike everything below the enacting clause and
18 substitute:
19
20 "SECTION 1. In Colorado Revised Statutes, add 24-31-117 and
21 24-31-118 as follows:
22 24-31-117. HOA homeowners' rights task force - creation -
23 membership - duties - facilitation - reporting - definitions - repeal.
24 (1) AS USED IN THIS SECTION AND IN SECTION 24-31-118, UNLESS THE
25 CONTEXT OTHERWISE REQUIRES:
26 (a) "COMMON INTEREST COMMUNITY" HAS THE MEANING SET
27 FORTH IN SECTION 38-33.3-103 (8).
28 (b) "DEVELOPER" MEANS ANY PERSON THAT OWNS A SUBDIVISION
29 OR IS A DESIGNEE OF THE OWNER OF A SUBDIVISION.
30 (c) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE
31 MEANING SET FORTH IN SECTION 24-4-109 (2)(b).
32 (d) "EXECUTIVE BOARD" HAS THE MEANING SET FORTH IN SECTION
33 38-33.3-103 (16).
34 (e) "FACILITATOR" MEANS THE THIRD-PARTY TASK FORCE
35 FACILITATOR HIRED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION
36 AND PURSUANT TO SECTION 24-31-118 (3)(a).
37 (f) "HOA HOMEOWNER" MEANS A "UNIT OWNER" AS DEFINED IN
38 SECTION 38-33.3-103 (31).
39 (g) "HOMEOWNERS' ASSOCIATION" OR "ASSOCIATION" MEANS AN
40 "ASSOCIATION" AS DEFINED IN SECTION 38-33.3-103 (3).
41 (h) "SUBDIVISION" HAS THE MEANING SET FORTH IN SECTION
42 12-10-501 (3)(a).
43 (i) "TASK FORCE" MEANS THE HOA HOMEOWNERS' RIGHTS TASK
44 FORCE CREATED IN SUBSECTION (2) OF THIS SECTION.
45 (2) THE HOA HOMEOWNERS' RIGHTS TASK FORCE IS CREATED IN
46 THE DEPARTMENT OF LAW, CREATED IN SECTION 24-1-113 (1), TO
47 EXAMINE ISSUES CONFRONTING COMMUNITIES THAT ARE GOVERNED BY
48 THE EXECUTIVE BOARD OF AN ASSOCIATION.
49 (3) (a) THE HOA HOMEOWNERS' RIGHTS TASK FORCE CONSISTS OF
50 THE FOLLOWING:
51 (I) EX OFFICIO MEMBERS:
52 (A) A REPRESENTATIVE OF THE DEPARTMENT OF LAW, AS
53 APPOINTED BY THE ATTORNEY GENERAL;
54 (B) THE DIRECTOR OF THE DIVISION OF REAL ESTATE CREATED IN
55 SECTION 12-10-207 (1) OR THE DIRECTOR'S DESIGNEE;
1 (C) THE STATE DIRECTOR OF THE DIVISION OF HOUSING IN THE
2 DEPARTMENT OF LOCAL AFFAIRS APPOINTED PURSUANT TO SECTION
3 24-32-704 (1) OR THE STATE DIRECTOR'S DESIGNEE; AND
4 (D) THE HOA INFORMATION OFFICER APPOINTED PURSUANT TO
5 SECTION 12-10-801 (1); AND
6 (II) MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF
7 REPRESENTATIVES, IN CONSULTATION WITH THE CHAIRS OF THE HOUSE OF
8 REPRESENTATIVES TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT
9 COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING
10 COMMITTEE:
11 (A) TWO HOA HOMEOWNERS IN THE STATE, AT LEAST ONE OF
12 WHOM RESIDES IN A COMMON INTEREST COMMUNITY LOCATED IN A
13 DISPROPORTIONATELY IMPACTED COMMUNITY AND AT LEAST ONE OF
14 WHOM SERVES ON THE EXECUTIVE BOARD OF THE HOA HOMEOWNER'S
15 HOA;
16 (B) AN ATTORNEY LICENSED IN THE STATE WHO SPECIALIZES IN
17 COMMON INTEREST COMMUNITY LAW;
18 (C) A REPRESENTATIVE OF AN ORGANIZATION THAT ADVOCATES
19 FOR HOA HOMEOWNERS IN THE STATE;
20 (D) A REPRESENTATIVE OF A DEVELOPER REGISTERED PURSUANT
21 TO SECTION 12-10-503 (1);
22 (E) AN ACCREDITED COMMUNITY ASSOCIATION MANAGER;
23 (F) AN ATTORNEY LICENSED IN THE STATE WHO PRIMARILY
24 REPRESENTS HOMEOWNERS IN LEGAL PROCEEDINGS AGAINST COMMON
25 INTEREST COMMUNITIES;
26 (G) A MEMBER OF THE HOUSE OF REPRESENTATIVES; AND
27 (H) A MEMBER OF THE SENATE.
28 (b) (I) MEMBERS OF THE TASK FORCE SHALL BE DESIGNATED OR
29 APPOINTED TO THE TASK FORCE PURSUANT TO SUBSECTION (3)(a) OF THIS
30 SECTION ON OR BEFORE JULY 15, 2023.
31 (II) MEMBERS APPOINTED TO THE TASK FORCE SERVE AT THE
32 PLEASURE OF THE APPOINTING AUTHORITIES. THE APPOINTING
33 AUTHORITIES MAY APPOINT A NEW MEMBER TO THE TASK FORCE TO
34 REPLACE A MEMBER WHO CAN NO LONGER SERVE ON THE TASK FORCE.
35 (III) (A) EXCEPT AS PROVIDED IN SUBSECTION (3)(b)(III)(B) OF
36 THIS SECTION, MEMBERS OF THE TASK FORCE SERVE WITHOUT
37 COMPENSATION.
38 (B) LEGISLATIVE MEMBERS APPOINTED TO THE TASK FORCE
39 PURSUANT TO SUBSECTIONS (3)(a)(II)(G) AND (3)(a)(II)(H) OF THIS
40 SECTION ARE COMPENSATED PURSUANT TO SECTION 2-2-307.
41 (IV) THE TASK FORCE SHALL MEET AS EARLY AS PRACTICABLE
42 AFTER ALL MEMBERS HAVE BEEN DESIGNATED OR APPOINTED PURSUANT
43 TO SUBSECTION (3)(a) OF THIS SECTION. THE REPRESENTATIVE OF THE
44 DEPARTMENT OF LAW SERVING ON THE TASK FORCE IS THE CHAIR OF THE
45 TASK FORCE. THE CHAIR SHALL CONVENE AS MANY MEETINGS OF THE
46 TASK FORCE AS THE CHAIR DEEMS NECESSARY.
47 (c) (I) THE TASK FORCE SHALL EXAMINE ISSUES CONFRONTING
48 HOA HOMEOWNERS' RIGHTS, INCLUDING THE FOLLOWING AUTHORITY AND
49 PRACTICES OF ASSOCIATIONS:
50 (A) FINING AUTHORITY AND PRACTICES;
51 (B) FORECLOSURE PRACTICES;
52 (C) COMMUNICATIONS WITH HOA HOMEOWNERS REGARDING
53 ASSOCIATION PROCESSES AND HOA HOMEOWNERS' RIGHTS AND
54 RESPONSIBILITIES; AND
55
1 (D) FOR EACH ASSOCIATION IN A REPRESENTATIVE SAMPLE OF
2 ASSOCIATIONS IN THE STATE THAT THE TASK FORCE SELECTS, THE
3 AVAILABILITY OF AND METHOD OF MAKING AVAILABLE TO HOA
4 HOMEOWNERS IN THE ASSOCIATION: THE DECLARATION; COVENANTS;
5 BYLAWS; ARTICLES OF INCORPORATION IF THE ASSOCIATION IS A
6 CORPORATION OR OTHER ORGANIZATIONAL DOCUMENTS IF THE
7 ASSOCIATION IS ANOTHER TYPE OF ENTITY; RULES AND REGULATIONS;
8 RESPONSIBLE GOVERNANCE POLICIES ADOPTED PURSUANT TO SECTION
9 38-33.3-209.5; ANY OTHER POLICIES THAT THE EXECUTIVE BOARD OF THE
10 HOA ADOPTS; FINANCIAL STATEMENTS AS DESCRIBED IN SECTION
11 7-136-106; THE MOST RECENT RESERVE STUDY, IF THE ASSOCIATION HAS
12 CONDUCTED A RESERVE STUDY; AND RECORDS OF THE EXECUTIVE
13 BOARD'S ACTIONS RELATED TO COLLECTIONS ACTIVITY OR LEGAL ACTION
14 TAKEN AGAINST A UNIT OWNER.
15 (II) THE TASK FORCE SHALL ALSO REVIEW HOA HOMEOWNERS'
16 COMPLAINTS, AS REPORTED TO THE HOA INFORMATION AND RESOURCE
17 CENTER CREATED IN SECTION 12-10-801 (1) OR TO HOMEOWNERS'
18 ADVOCACY GROUPS IN THE STATE.
19 (III) AS PART OF THE TASK FORCE'S EXAMINATION, THE TASK
20 FORCE SHALL REVIEW:
21 (A) THE "COLORADO COMMON INTEREST OWNERSHIP ACT",
22 ARTICLE 33.3 OF TITLE 38, AND ANY OTHER LAWS IN THE STATE
23 REGARDING COMMON INTEREST COMMUNITIES;
24 (B) OTHER STATES' LAWS REGARDING COMMON INTEREST
25 COMMUNITIES; AND
26 (C) THE UNIFORM COMMON INTEREST OWNERSHIP ACT OF 2021, AS
27 PROMULGATED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON
28 UNIFORM STATE LAWS.
29 (IV) THE EXECUTIVE BOARD OF AN ASSOCIATION SHALL
30 COOPERATE WITH ANY REQUEST FROM THE TASK FORCE FOR INFORMATION
31 REGARDING THE ASSOCIATION, INCLUDING ANY REQUEST FOR THE
32 ASSOCIATION'S GOVERNING DOCUMENTS, FINANCIAL STATEMENTS,
33 RESERVE STUDIES, OR RECORDS RELATED TO COLLECTIONS ACTIVITY OR
34 LEGAL ACTIONS. AN ASSOCIATION SUBMITTING DOCUMENTATION TO THE
35 TASK FORCE SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMATION
36 FROM THE DOCUMENTATION BEFORE SUBMITTING IT. THE TASK FORCE
37 MAY ONLY REPORT ON INFORMATION RECEIVED FROM AN ASSOCIATION IN
38 A MANNER THAT PROTECTS AGAINST THE PUBLICATION OF ANY PERSONAL
39 IDENTIFYING INFORMATION OF HOA HOMEOWNERS.
40 (4) (a) THE DEPARTMENT OF LAW SHALL HIRE A THIRD-PARTY
41 FACILITATOR TO GUIDE THE WORK OF THE TASK FORCE.
42 (b) THE TASK FORCE MAY SEEK OUT AND ASSIGN MEMBERS OF THE
43 PUBLIC TO SERVE ON AN ADVISORY COMMITTEE TO ASSIST THE TASK
44 FORCE IN ITS WORK.
45 (5) (a) ON OR BEFORE OCTOBER 15, 2023, THE TASK FORCE SHALL
46 PREPARE AN INTERIM REPORT OF ITS INITIAL FINDINGS AND CONCLUSIONS
47 REGARDING MATTERS THE TASK FORCE EXAMINES PURSUANT TO
48 SUBSECTION (3)(c) OF THIS SECTION. THE DEPARTMENT OF LAW SHALL
49 PUBLISH THE INTERIM REPORT ON ITS WEBSITE AND SUBMIT A COPY OF THE
50 INTERIM REPORT TO THE METROPOLITAN DISTRICT HOMEOWNERS' RIGHTS
51 TASK FORCE CREATED IN SECTION 24-31-118 (1)(a).
52
1 (b) ON OR BEFORE JANUARY 15, 2024, THE TASK FORCE SHALL
2 PREPARE A FINAL REPORT OF ITS FINDINGS AND CONCLUSIONS REGARDING
3 MATTERS THE TASK FORCE EXAMINES PURSUANT TO SUBSECTION (3)(c) OF
4 THIS SECTION. THE DEPARTMENT OF LAW SHALL PUBLISH THE FINAL
5 REPORT ON ITS WEBSITE AND SUBMIT COPIES OF THE REPORT TO:
6 (I) THE METROPOLITAN DISTRICT HOMEOWNERS' RIGHTS TASK
7 FORCE CREATED IN SECTION 24-31-118 (1)(a);
8 (II) THE HOUSE OF REPRESENTATIVES TRANSPORTATION, HOUSING,
9 AND LOCAL GOVERNMENT COMMITTEE AND THE SENATE LOCAL
10 GOVERNMENT AND HOUSING COMMITTEE, OR THEIR SUCCESSOR
11 COMMITTEES; AND
12 (III) THE GOVERNOR.
13 (6) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2024.
14 24-31-118. Metropolitan district homeowners' rights task
15 force - creation - membership - duties - facilitation - reporting -
16 definition - repeal. (1) (a) THE METROPOLITAN DISTRICT HOMEOWNERS'
17 RIGHTS TASK FORCE IS CREATED IN THE DEPARTMENT OF LAW, CREATED
18 IN SECTION 24-1-113 (1), TO EXAMINE ISSUES CONFRONTING COMMUNITIES
19 THAT ARE GOVERNED BY THE BOARD OF A METROPOLITAN DISTRICT.
20 (b) (I) AS USED IN THIS SECTION, "METROPOLITAN DISTRICT"
21 MEANS A SPECIAL DISTRICT THAT IS OPERATED IN COMPLIANCE WITH
22 SECTION 32-1-1004 AND CREATED TO FINANCE INFRASTRUCTURE TO
23 SUPPORT A HOUSING SUBDIVISION.
24 (II) DEFINITIONS SET FORTH IN SECTION 24-31-117 (1) ALSO APPLY
25 TO THE TERMS AS THEY ARE USED IN THIS SECTION.
26 (2) (a) THE METROPOLITAN DISTRICT HOMEOWNERS' RIGHTS TASK
27 FORCE CONSISTS OF THE FOLLOWING:
28 (I) EX OFFICIO MEMBERS:
29 (A) A REPRESENTATIVE OF THE DEPARTMENT OF LAW, AS
30 APPOINTED BY THE ATTORNEY GENERAL;
31 (B) THE STATE DIRECTOR OF THE DIVISION OF HOUSING IN THE
32 DEPARTMENT OF LOCAL AFFAIRS APPOINTED PURSUANT TO SECTION
33 24-32-704 (1) OR THE DIRECTOR'S DESIGNEE; AND
34 (C) THE DIRECTOR OF THE DIVISION OF REAL ESTATE CREATED IN
35 SECTION 12-10-207 (1) OR THE DIRECTOR'S DESIGNEE; AND
36 (II) MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF
37 REPRESENTATIVES, IN CONSULTATION WITH THE CHAIRS OF THE HOUSE OF
38 REPRESENTATIVES TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT
39 COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING
40 COMMITTEE:
41 (A) TWO HOMEOWNERS RESIDING IN A METROPOLITAN DISTRICT
42 IN THE STATE, AT LEAST ONE OF WHOM RESIDES IN A METROPOLITAN
43 DISTRICT LOCATED IN A DISPROPORTIONATELY IMPACTED COMMUNITY
44 AND AT LEAST ONE OF WHOM SERVES ON THE BOARD OF THE
45 METROPOLITAN DISTRICT IN WHICH THE HOMEOWNER RESIDES;
46 (B) AN ATTORNEY LICENSED IN THE STATE WHO SPECIALIZES IN
47 METROPOLITAN DISTRICT LAW, AS RECOMMENDED BY A STATEWIDE
48 ORGANIZATION THAT REPRESENTS SPECIAL DISTRICTS;
49 (C) AN ELECTED CITY COUNCIL MEMBER, AS RECOMMENDED BY
50 A STATEWIDE ORGANIZATION THAT REPRESENTS MUNICIPALITIES;
51 (D) AN ELECTED COUNTY COMMISSIONER, AS RECOMMENDED BY
52 A STATEWIDE ORGANIZATION THAT REPRESENTS COUNTIES;
53 (E) A REPRESENTATIVE OF A DEVELOPER REGISTERED PURSUANT
54 TO SECTION 12-10-503 (1) THAT HAS ONE OR MORE SUBDIVISIONS
55 LOCATED WITHIN A METROPOLITAN DISTRICT;
1 (F) A REPRESENTATIVE RECOMMENDED BY A STATEWIDE
2 NONPROFIT ORGANIZATION THAT REPRESENTS METROPOLITAN DISTRICT
3 EDUCATION IN A COALITION;
4 (G) AN ATTORNEY LICENSED IN THE STATE WHO PRIMARILY
5 REPRESENTS HOMEOWNERS IN LEGAL PROCEEDINGS AGAINST
6 METROPOLITAN DISTRICTS;
7 (H) A REPRESENTATIVE OF A NONPROFIT ORGANIZATION THAT
8 REPRESENTS THE AFFORDABLE HOUSING COMMUNITY;
9 (I) A MEMBER OF THE HOUSE OF REPRESENTATIVES; AND
10 (J) A MEMBER OF THE SENATE.
11 (b) (I) MEMBERS OF THE TASK FORCE SHALL BE DESIGNATED OR
12 APPOINTED TO THE TASK FORCE PURSUANT TO SUBSECTION (2)(a) OF THIS
13 SECTION ON OR BEFORE NOVEMBER 1, 2023.
14 (II) MEMBERS APPOINTED TO THE TASK FORCE SERVE AT THE
15 PLEASURE OF THE APPOINTING AUTHORITIES. THE APPOINTING
16 AUTHORITIES MAY APPOINT A NEW MEMBER TO THE TASK FORCE TO
17 REPLACE A MEMBER WHO CAN NO LONGER SERVE ON THE TASK FORCE.
18 (III) (A) EXCEPT AS PROVIDED IN SUBSECTION (2)(b)(III)(B) OF
19 THIS SECTION, MEMBERS OF THE TASK FORCE SERVE WITHOUT
20 COMPENSATION.
21 (B) LEGISLATIVE MEMBERS APPOINTED TO THE TASK FORCE
22 PURSUANT TO SUBSECTIONS (2)(a)(II)(I) AND (2)(a)(II)(J) OF THIS SECTION
23 ARE COMPENSATED PURSUANT TO SECTION 2-2-307.
24 (IV) THE TASK FORCE SHALL MEET AS EARLY AS PRACTICABLE
25 AFTER ALL MEMBERS HAVE BEEN DESIGNATED OR APPOINTED PURSUANT
26 TO SUBSECTION (2)(a) OF THIS SECTION. THE REPRESENTATIVE OF THE
27 DEPARTMENT OF LAW SERVING ON THE TASK FORCE IS THE CHAIR OF THE
28 TASK FORCE. THE CHAIR SHALL CONVENE AS MANY MEETINGS OF THE
29 TASK FORCE AS THE CHAIR DEEMS NECESSARY.
30 (c) (I) THE TASK FORCE SHALL EXAMINE ISSUES CONFRONTING
31 METROPOLITAN DISTRICT HOMEOWNERS' RIGHTS, INCLUDING THE
32 FOLLOWING AUTHORITY AND PRACTICES OF METROPOLITAN DISTRICT
33 BOARDS:
34 (A) TAX LEVYING AUTHORITY AND PRACTICES;
35 (B) FORECLOSURE PRACTICES;
36 (C) COMMUNICATIONS WITH HOMEOWNERS REGARDING
37 METROPOLITAN DISTRICT PROCESSES AND HOMEOWNERS' RIGHTS AND
38 RESPONSIBILITIES; AND
39 (D) GOVERNANCE POLICIES, INCLUDING VOTING AND ELECTIONS
40 POLICIES.
41 (II) THE TASK FORCE SHALL ALSO EXAMINE THE PROCESS BY
42 WHICH A METROPOLITAN DISTRICT COULD TRANSITION FROM A
43 METROPOLITAN DISTRICT THAT ENFORCES COVENANTS AND COLLECTS
44 ASSESSMENTS INTO A COMMON INTEREST COMMUNITY GOVERNED UNDER
45 ARTICLE 33.3 OF TITLE 38.
46 (III) AS PART OF THE TASK FORCE'S EXAMINATION, THE TASK
47 FORCE SHALL REVIEW THE INTERIM AND FINAL REPORTS OF THE HOA
48 HOMEOWNERS' RIGHTS TASK FORCE, CREATED IN SECTION 24-31-117 (2),
49 TO DETERMINE WHETHER THE FINDINGS AND CONCLUSIONS SET FORTH IN
50 THOSE REPORTS APPLY TO, AND PROVIDE GUIDANCE FOR, THE TASK
51 FORCE'S OWN FINDINGS AND CONCLUSIONS REGARDING ISSUES
52 CONFRONTING METROPOLITAN DISTRICT HOMEOWNERS' RIGHTS.
53 (3) (a) THE DEPARTMENT OF LAW SHALL HIRE A THIRD-PARTY
54 FACILITATOR TO GUIDE THE WORK OF THE TASK FORCE.
55
1 (b) THE TASK FORCE MAY SEEK OUT AND ASSIGN MEMBERS OF THE
2 PUBLIC TO SERVE ON AN ADVISORY COMMITTEE TO ASSIST THE TASK
3 FORCE IN ITS WORK.
4 (4) ON OR BEFORE MARCH 15, 2024, THE TASK FORCE SHALL
5 PREPARE A REPORT OF ITS FINDINGS AND CONCLUSIONS REGARDING
6 MATTERS THE TASK FORCE EXAMINES PURSUANT TO SUBSECTION (2)(c) OF
7 THIS SECTION. THE DEPARTMENT OF LAW SHALL PUBLISH THE REPORT ON
8 ITS WEBSITE AND SUBMIT COPIES OF THE REPORT TO:
9 (a) THE HOUSE OF REPRESENTATIVES TRANSPORTATION, HOUSING,
10 AND LOCAL GOVERNMENT COMMITTEE AND THE SENATE LOCAL
11 GOVERNMENT AND HOUSING COMMITTEE, OR THEIR SUCCESSOR
12 COMMITTEES; AND
13 (b) THE GOVERNOR.
14 (5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2024.
15 SECTION 3. Safety clause. The general assembly hereby finds,
16 determines, and declares that this act is necessary for the immediate
17 preservation of the public peace, health, or safety.".
18
19

House Journal, April 10
12 Amend the Business Affairs and Labor Committee Report, dated
13 February 23, 2023, page 7, after line 24 insert:
14
15 "SECTION 3. Appropriation. (1) For the 2023-24 state fiscal
16 year, $208,408 is appropriated to the department of law for use by
17 consumer protection. This appropriation is from the general fund and is
8 18 based on an assumption that the department will require an additional 0.
19 FTE. To implement this act, the department may use this appropriation
20 for consumer protection and antitrust.
21 (2) For the 2023-24 state fiscal year, $1,887 is appropriated to the
22 legislative department for use by the general assembly. This appropriation
23 is from the general fund. To implement this act, the general assembly may
24 use this appropriation for legislator per diem and travel reimbursement.".
25
26 Renumber succeeding section accordingly.
27
28 Page 7, after line 27 insert:
29
30 "Page 1 of the bill, line 105, strike "FORCE." and substitute "FORCE, AND
31 MAKING AN APPROPRIATION.".".
Senate Journal, April 28
HB23-1105 by Representative(s) Parenti and Titone; also Senator(s) Cutter and Fields--Concerning the
creation of task forces to examine issues affecting certain homeowners' rights, and, in
connection therewith, creating the HOA homeowners' rights task force and the metropolitan
district homeowners' rights task force, and making an appropriation.

Amendment No. 1(L.004), by Senator Cutter.

Amend reengrossed bill, page 5, after line 23 insert:

"(V) AN ASSOCIATION SHALL NOTIFY ITS UNIT OWNERS ABOUT THE
TASK FORCE BEFORE THE TASK FORCE HOLDS ITS FIRST MEETING.".

Page 11, after line 4 insert:

"(V) A METROPOLITAN DISTRICT SHALL NOTIFY ITS RESIDENTS ABOUT
THE TASK FORCE BEFORE THE TASK FORCE HOLDS ITS FIRST MEETING.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, May 1
HB23-1105 by Representative(s) Parenti and Titone; also Senator(s) Cutter and Fields--Concerning the
creation of task forces to examine issues affecting certain homeowners' rights, and, in
connection therewith, creating the HOA homeowners' rights task force and the metropolitan
district homeowners' rights task force, and making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator Cutter
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.005), by Senator Cutter.

Amend revised bill, page 2, lines 2 and 3, strike "24-31-117 and 24-31-118" and
substitute "12-10-226.3 and 12-10-226.5".

Page 2, line 4, strike "24-31-117." and substitute "12-10-226.3.".

Page 2, line 6, strike"24-31-118," and substitute "12-10-226.5,"

Page 3, line 12, strike "24-31-118 (3)(a)." and substitute "12-10-226.5 (3)(a).".

Page 3, line 22, strike "LAW, CREATED IN SECTION 24-1-113 (1)," and substitute
"REGULATORY AGENCIES, CREATED IN SECTION 24-34-101 (1)(a),".

Page 5, strike lines 20 and 21 and substitute "TO SUBSECTION (3)(a) OF THIS
SECTION. THE DIRECTOR OF THE DIVISION OF REAL ESTATE OR THE DIRECTOR'S
DESIGNEE SERVING ON THE TASK FORCE IS THE CHAIR OF THE".

Page 7, line 19, strike "LAW" and substitute "REGULATORY AGENCIES".

Page 7, line 27, strike "LAW" and substitute "REGULATORY AGENCIES".

Page 8, line 3, strike "24-31-118 (1)(a)." and substitute "12-10-226.5 (1)(a).".

Page 8, line 7, strike "LAW" and substitute "REGULATORY AGENCIES".

Page 8, line 10, strike "24-31-118 (1)(a);" and substitute "12-10-226.5 (1)(a);".

Page 8, line 17 strike "24-31-118." and substitute "12-10-226.5.".

Page 8 lines 20 and 21, strike "LAW, CREATED IN SECTION 24-1-113 (1)," and
substitute "REGULATORY AGENCIES, CREATED IN SECTION 24-34-101 (1)(a),".

Page 8, line 27, strike "24-31-117 (1)" and substitute "12-10-226.3 (1)".

Page 11, strike lines 3 and 4 and substitute "TO SUBSECTION (2)(a) OF THIS
SECTION. THE DIRECTOR OF THE DIVISION OF REAL ESTATE OR THE DIRECTOR'S
DESIGNEE SERVING ON THE TASK FORCE IS THE CHAIR OF THE".

Page 12, line 1, strike "24-31-117 (2)," and substitute "12-10-226.3 (2),".

Page 12, line 6, strike "LAW" and substitute "REGULATORY AGENCIES".

Page 12, line 14, strike "LAW" and substitute "REGULATORY AGENCIES".

Page 12, lines 23 and 24, strike "law for use by consumer protection." and
substitute "regulatory agencies for use by the division of real estate.".

Page 12, strike line 27 and substitute "for the division of real estate.".

The amendment was passed on the following roll call vote:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Moreno Y Smallwood Y
Buckner Y Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 24 NO 11 EXCUSED 0 ABSENT 0
Baisley N Ginal Y Marchman Y Simpson N
Bridges Y Gonzales Y Moreno Y Smallwood N
Buckner Y Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle N
Cutter Y Jaquez Y Pelton R. N Will N
Danielson Y Kirkmeyer N Priola Y Winter F. Y
Exum Y Kolker Y Rich N Zenzinger Y
Fields Y Liston N Roberts Y President Y
Gardner N Lundeen N Rodriguez Y