Amendments for HB24-1158
House Journal, March 21
27 HB24-1158 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Amend printed bill, page 2, before line 2 insert:
32
33 "SECTION 1. In Colorado Revised Statutes, 38-33.3-123, add
34 (3) as follows:
35 38-33.3-123. Enforcement - limitation. (3) NOTWITHSTANDING
36 ANY LAW TO THE CONTRARY, AS A CONDITION PRECEDENT TO RECOVERING
37 MONEY OR SUMS DUE TO THE ASSOCIATION, COLLECTION COSTS, OR
38 REASONABLE ATTORNEY FEES OR COSTS PURSUANT TO THIS SECTION, THE
39 ASSOCIATION SHALL STRICTLY COMPLY WITH THIS SECTION AND ANY
40 APPLICABLE PROVISIONS OF THIS TITLE 38 OR OTHER APPLICABLE LAW, THE
41 DECLARATION, BYLAWS, ARTICLES, AND RULES AND REGULATIONS.".
42
43 Renumber succeeding sections accordingly.
44
45 Page 3, line 22, strike "debt; and" and substitute "debt, and WHICH COPY
46 OF THE LEDGER MUST BE PROVIDED TO THE UNIT OWNER NO LATER THAN
47 THREE BUSINESS DAYS AFTER RECEIPT OF THE UNIT OWNER'S REQUEST;".
48
49 Page 4, line 9, before "(12);" insert "(1)(a) and".
50
51 Page 4, line 9, strike "(7)(c) and (8.5)" and substitute "(7)(c), (8.5), and
52 (13)".
53
54 Page 4, strike line 11 through 15 and substitute "charges, costs, and
55 attorney fees - limitations - definition. (1) (a) (I) The association, if
1 such association is incorporated or organized as a limited liability
2 company, has a statutory lien on a unit for any assessment levied against
3 that unit or fines imposed against its unit owner. Fees, charges, late
4 charges, attorney fees up to the maximum amount authorized under
5 subsection (7) of this section, fines, and interest charged pursuant to
6 section 38-33.3-302 (1)(j), (1)(k), and (1)(l), section 38-33.3-313 (6), and
7 section 38-33.3-315 (2) may be subject to a statutory lien but are not
8 subject to a foreclosure action under this article 33.3.
9 (II) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
10 REQUIRES, "ASSESSMENT" MEANS A PAYMENT FOR COMMON EXPENSE
11 OBLIGATIONS OF UNIT OWNERS BASED ON A PERIODIC BUDGET ADOPTED BY
12 THE ASSOCIATION UNDER SECTION 38-33.3-315 (1), OR A PAYMENT FOR
13 LIMITED COMMON ELEMENTS OF UNIT OWNERS, AND SPECIFICALLY
14 EXCLUDES FINES, FEES, AND ANY COSTS ASSOCIATED WITH COLLECTING
15 DELINQUENT ASSESSMENTS, DISPUTE RESOLUTION, OR ENFORCEMENT OF
16 COVENANTS.
17 (7) (c) (I) IN DETERMINING REASONABLE ATTORNEY FEES
18 PURSUANT TO THIS SUBSECTION (7) RELATING TO AN ASSOCIATION'S
19 FORECLOSURE OF A LIEN AGAINST A UNIT OWNER FOR UNPAID
20 ASSESSMENTS, THE COURT SHALL GIVE CONSIDERATION TO ALL RELEVANT
21 FACTORS, INCLUDING:
22 (A) THE AMOUNT OF THE UNPAID ASSESSMENTS;
23 (B) WHETHER THE AMOUNT OF THE ATTORNEY FEES REQUESTED
24 EXCEEDS THE AMOUNT OF THE UNPAID ASSESSMENTS;
25 (C) WHETHER THE AMOUNT OF TIME SPENT OR FEES INCURRED BY
26 THE ATTORNEY ARE DISPROPORTIONATE TO THE NEEDS OF THE CASE,
27 CONSIDERING THE COMPLEXITY OF THE CASE OR THE EFFORTS REQUIRED
28 TO OBTAIN THE UNPAID ASSESSMENTS;
29 (D) WHETHER THE FORECLOSURE ACTION WAS CONTESTED OR
30 REQUIRED THE ASSOCIATION TO RESPOND TO UNMERITORIOUS DEFENSES;
31 AND
32 (E) OTHER FACTORS TYPICALLY CONSIDERED IN DETERMINING AN
33 AWARD OF ATTORNEY FEES.
34 (II) AFTER CONSIDERATION OF THE FACTORS SET FORTH IN
35 SUBSECTION (7)(c)(I) OF THIS SECTION, THE COURT MAY AWARD
36 ATTORNEYS FEES PURSUANT TO THIS SUBSECTION (7) IN AN AMOUNT NOT
37 TO EXCEED FIVE THOUSAND DOLLARS.".
38
39 Page 5, line 11, strike "foreclosed," and substitute "foreclosed PURSUANT
40 TO A LIEN UNDER THIS SECTION,".
41
42 Page 6, after line 8 insert:
43
44 "(13) A PURCHASER THAT PURCHASES A UNIT THROUGH THE
45 FORECLOSURE OF A LIEN UNDER THIS SECTION ACQUIRES THE UNIT SUBJECT
46 TO ANY COVENANTS OR LIMITATIONS ON THE USE OR SALE OF THE UNIT TO
47 WHICH THE PREVIOUS UNIT OWNER WAS SUBJECT.".
48
49 Page 7, strike lines 6 through 9 and substitute:
50
51 "(b) THE AMOUNT OF THE ASSOCIATION'S OR ATTORNEY'S MINIMUM
52 BID AT AUCTION SHALL NOT BE LESS THAN SIXTY PERCENT OF THE FAIR
53 MARKET VALUE OF THE UNIT IF:
54
1 (I) THE FAIR MARKET VALUE OF THE UNIT DOES NOT EXCEED THE
2 SUM OF THE AMOUNTS SPECIFIED IN SUBSECTIONS (1)(a) TO (1)(c) OF THIS
3 SECTION; OR
4 (II) THE ASSOCIATION OR ATTORNEY CANNOT CALCULATE THE
5 MINIMUM BID AMOUNT PURSUANT TO SUBSECTION (1) OF THIS SECTION
6 BECAUSE THE AMOUNT OF THE MORTGAGE SECURED BY THE UNIT, AS
7 DESCRIBED IN SUBSECTION (1)(c) OF THIS SECTION, IS NOT KNOWN TO OR
8 DISCOVERABLE BY THE ASSOCIATION OR ATTORNEY.".
9
10 Page 9, after line 18 insert:
11
12 "SECTION 4. In Colorado Revised Statutes, 38-33.3-117, amend
13 (1)(k.5); and add (1)(k.6) as follows:
14 38-33.3-117. Applicability to preexisting common interest
15 communities. (1) Except as provided in section 38-33.3-119, the
16 following sections apply to all common interest communities created
17 within this state before July 1, 1992, with respect to events and
18 circumstances occurring on or after July 1, 1992:
19 (k.5) 38-33.3-316.3; and
20 (k.6) 38-33.3-316.4; AND
21 SECTION 5. In Colorado Revised Statutes, 38-33.3-401, add
22 (3.2) as follows:
23 38-33.3-401. Registration - annual fees - data collection -
24 enforcement actions. (3.2) AS PART OF AN ASSOCIATION'S ANNUAL
25 REGISTRATION, THE ASSOCIATION SHALL SUBMIT THE FOLLOWING
26 INFORMATION TO THE DIRECTOR OF THE DIVISION OF REAL ESTATE, IN THE
27 FORM AND MANNER DETERMINED BY THE DIRECTOR OF THE DIVISION OF
28 REAL ESTATE:
29 (a) FOR THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING
30 THE ASSOCIATION'S ANNUAL REGISTRATION:
31 (I) THE NUMBER OF UNIT OWNERS THAT WERE, AT ANY TIME
32 DURING THE TWELVE-MONTH PERIOD, THREE OR MORE CALENDAR MONTHS
33 DELINQUENT IN THE PAYMENT OF AN ANNUAL ASSESSMENT OR SPECIAL
34 ASSESSMENT; AND
35 (II) OF THE UNIT OWNERS DESCRIBED IN SUBSECTION (3.2)(a)(I) OF
36 THIS SECTION, THE NUMBER OF UNIT OWNERS THAT WERE SIX OR MORE
37 CALENDAR MONTHS DELINQUENT IN THE PAYMENT OF AN ANNUAL
38 ASSESSMENT OR SPECIAL ASSESSMENT;
39 (b) FOR THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING
40 THE ASSOCIATION'S ANNUAL REGISTRATION MONTH, FOR UNPAID ANNUAL
41 ASSESSMENTS OR SPECIAL ASSESSMENTS OR RELATED FEES OR ATTORNEY
42 FEES:
43 (I) THE NUMBER OF UNIT OWNERS AGAINST WHICH THE
44 ASSOCIATION OR ITS DESIGNEE OBTAINED A JUDGMENT;
45 (II) THE NUMBER OF PAYMENT PLANS ENTERED INTO BETWEEN THE
46 ASSOCIATION AND A UNIT OWNER PURSUANT TO SECTION 38-33.3-316.3;
47 AND
48 (III) THE NUMBER OF FORECLOSURE ACTIONS FILED AGAINST UNIT
49 OWNERS PURSUANT TO SECTION 38-33.3-316; AND
50 (c) ANY OTHER INFORMATION SPECIFIED BY THE DIRECTOR OF THE
51 DIVISION OF REAL ESTATE RELATING TO THE COLLECTION OF ASSESSMENTS
52 AND THE FORECLOSURE OF ASSOCIATIONS' LIENS.".
53
54 Renumber succeeding sections accordingly.
55
House Journal, April 5
26 Amendment No. 1, Transportation, Housing & Local Government Report,
27 dated March 20, 2024, and placed in member's bill file; Report also
28 printed in House Journal, March 21, 2024.
29
30 Amendment No. 2, by Representative Ricks:
31
32 Amend the Transportation, Housing, and Local Government Committee
33 Report, dated March 20, 2024, page 2, line 34, strike "DOLLARS."." and
34 substitute "DOLLARS OR FIFTY PERCENT OF THE AMOUNT OF LIEN BEING
35 FORECLOSED, WHICHEVER IS LESS.".".
36
37 Amendment No. 3, by Representative Armagost:
38
39 Amend the Transportation, Housing, & Local Government Committee
40 Report, dated March 20, 2024, page 1, line 14, strike "THREE" and
41 substitute "SEVEN".
42
43 Amendment No. 4, by Representative Hartsook:
44
45 Amend printed bill, page 3, line 2, after "(5)(a)(V)(E)" insert "and
46 (5)(a.5)".
47
48 Page 4, after line 7 insert:
49
50 (a.5) BEGINNING IN JANUARY 2025, AND EACH JANUARY
51 THEREAFTER, THE DIVISION OF REAL ESTATE IN THE DEPARTMENT OF
52 REGULATORY AGENCIES SHALL PRESENT TO THE HOUSE OF
53 REPRESENTATIVES TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT
54 COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING
55 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, DATA RELATING TO THE
1 NUMBER OF PERSONS WHO HAVE CONTACTED THE HOA INFORMATION AND
2 RESOURCE CENTER CREATED IN SECTION 12-10-801 (1) FOR INFORMATION
3 CONCERNING:
4 (I) CREDIT COUNSELING; OR
5 (II) THE COLLECTION OF ASSESSMENTS.".
6
7 As amended, ordered engrossed and placed on the Calendar for Third
8 Reading and Final Passage.
9