Amendments for HB25-1043
House Journal, February 12
42 HB25-1043 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45
46 Amend printed bill, page 2, after line 1 insert:
47
48 "SECTION 1. In Colorado Revised Statutes, 12-10-801, amend
49 (3)(c) as follows:
50 12-10-801. HOA information and resource center - creation -
51 duties - rules - subject to review - repeal. (3) (c) (I) The HOA
52 information officer shall track inquiries and complaints and report
53 annually to the director regarding the number and types of inquiries and
54 complaints received.
55
1 (II) IN ADDITION TO THE INFORMATION DESCRIBED IN SUBSECTION
2 (3)(c)(I) OF THIS SECTION, THE HOA INFORMATION OFFICER SHALL REPORT
3 IN THE ANNUAL HOA REPORT AGGREGATED INFORMATION PROVIDED BY
4 ASSOCIATIONS PURSUANT TO SECTION 38-33.3-401 (3.2) AS PART OF THE
5 ASSOCIATIONS' ANNUAL REGISTRATION WITH THE DIRECTOR OF THE
6 DIVISION.".
7
8 Renumber succeeding sections accordingly.
9
10 Page 3, strike line 3 and substitute "ATTORNEY FEES OR COSTS THROUGH
11 THE FORECLOSURE OF AN ASSOCIATION LIEN, THE ASSOCIATION".
12
13 Page 3, line 5, before "PROVISIONS" insert "ASSOCIATION LIEN OR
14 FORECLOSURE".
15
16 Page 3, line 9, strike "and (5)(a.5)".
17
18 Page 4, line 15, strike "HOME AND HOW" and substitute "HOME, AND THE
19 AVAILABILITY OF ONLINE INFORMATION FROM THE FEDERAL DEPARTMENT
20 OF HOUSING AND URBAN DEVELOPMENT CONCERNING CREDIT COUNSELING
21 BEFORE FORECLOSURE THAT MAY BE ACCESSED THROUGH A LINK ON THE
22 DEPARTMENT OF LOCAL AFFAIRS' WEBSITE.".
23
24 Page 4, strike lines 16 through 27.
25
26 Page 5, strike line 1.
27
28 Page 5, line 3, strike "(11.5)," and substitute "(11.2),".
29
30 Page 5, line 14, strike "(1);" and substitute "(1) OR THROUGH A LINK TO
31 THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON
32 THE DEPARTMENT OF LOCAL AFFAIRS' WEBSITE;".
33
34 Page 5, strike lines 26 and 27 and substitute:
35
36 "(11.2) NO LATER THAN FIVE BUSINESS DAYS AFTER AN
37 ASSOCIATION INITIATES LEGAL ACTION TO FORECLOSE A LIEN DESCRIBED
38 IN THIS SECTION, THE ASSOCIATION SHALL PROVIDE WRITTEN AND
39 ELECTRONIC NOTICE TO ALL LIENHOLDERS IDENTIFIED IN THE UNIT OWNER
40 PROPERTY RECORDS OF:
41 (a) THE RIGHT TO CURE THE NONPAYMENT PURSUANT TO SECTION
42 38-38-104; AND
43 (b) THE RIGHT OF THE UNIT OWNER TO FILE A MOTION TO STAY THE
44 SALE OF THE PROPERTY AT AUCTION PURSUANT TO SECTION 38-38-109.5.".
45
46 Page 6, strike lines 1 through 26.
47
48 Page 7, strike lines 15 through 24 and substitute:
49
50 "(a) FOR THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING
51 THE ASSOCIATION'S ANNUAL REGISTRATION, THE NUMBER OF UNIT OWNERS
52 THAT WERE, AT ANY TIME DURING THE TWELVE-MONTH PERIOD, SIX OR
53 MORE CALENDAR MONTHS DELINQUENT IN THE PAYMENT OF AN ANNUAL
54 ASSESSMENT OR SPECIAL ASSESSMENT;".
55
1 Page 8, strike lines 12 through 27.
2
3 Page 9, strike lines 1 through 4 and substitute:
4
5 "SECTION 6. In Colorado Revised Statutes, add 38-38-109.5 as
6 follows:
7 38-38-109.5 Continuance of sale - unit association lien - unit
8 owner's motion to stay - escrow of proceeds - purchaser title.
9 (1) NOTWITHSTANDING ANY PROVISION OF THIS TITLE 38 TO THE
10 CONTRARY, AT ANY TIME AFTER A UNIT OWNERS' ASSOCIATION FILES AN
11 ACTION FOR FORECLOSURE OF THE UNIT ASSOCIATION LIEN ON A UNIT, BUT
12 PRIOR TO THE SALE DATE AT AUCTION, THE UNIT OWNER OR THE UNIT
13 OWNER'S DESIGNATED REPRESENTATIVE MAY FILE A MOTION WITH THE
14 COURT TO STAY THE SALE OF THE UNIT WITH NOTICE OF THE UNIT OWNER'S
15 INTENT TO LIST THE UNIT FOR SALE FOR THE FAIR MARKET VALUE OF THE
16 UNIT OR AN ALTERNATE AMOUNT AS SPECIFIED IN SUBSECTION (2) OF THIS
17 SECTION. THE UNIT OWNER OR THE UNIT OWNER'S DESIGNATED
18 REPRESENTATIVE SHALL PROVIDE NOTICE OF THE MOTION TO STAY THE
19 SALE TO THE ASSOCIATION AND TO THE OFFICER.
20 (2) (a) THE UNIT OWNER SHALL STATE IN THE MOTION TO STAY:
21 (I) THE FAIR MARKET VALUE OF THE UNIT, AS DETERMINED BY:
22 (A) AN APPRAISAL OF THE UNIT;
23 (B) A MARKET ANALYSIS CONDUCTED BY A LICENSED REAL ESTATE
24 AGENT; OR
25 (C) THE ASSESSED VALUE OF THE UNIT RECORDED IN THE COUNTY
26 ASSESSOR'S PROPERTY TAX RECORDS ON THE DATE OF THE COURT'S ORDER
27 TO SELL THE UNIT; OR
28 (II) AN ALTERNATE VALUE FOR THE UNIT THAT, IF LESS THAN THE
29 FAIR MARKET VALUE OF THE UNIT, EXCEEDS THE SUM OF ALL LIENS AND
30 ANY FEES OR COSTS ADVANCED BY THE HOLDER OF THE EVIDENCE OF
31 DEBT.
32 (b) THE COURT MAY ALLOW THE UNIT OWNER ADDITIONAL TIME TO
33 SUBMIT THE FAIR MARKET VALUE OR ALTERNATE VALUE TO THE COURT.
34 (c) THE UNIT OWNER SHALL LIST THE UNIT AT THE SALE PRICE
35 SPECIFIED IN THE MOTION TO STAY, UNLESS THE ASSOCIATION OBJECTS TO
36 THE UNIT OWNER'S DECLARED FAIR MARKET VALUE OR ALTERNATE VALUE
37 OF THE UNIT. THE ASSOCIATION MAY SUBMIT EVIDENCE OF THE UNIT'S
38 VALUE TO THE COURT. BASED ON THE EVIDENCE, THE COURT SHALL SET
39 THE INITIAL LIST PRICE OF THE UNIT AND MAY FURTHER ORDER A CHANGE
40 TO THE LIST PRICE IF SUPPORTED BY SUFFICIENT EVIDENCE.
41 (3) THE COURT MAY EXTEND THE STAY OF THE SALE OF THE UNIT
42 AT AUCTION BEYOND NINE MONTHS UPON EVIDENCE THAT THE SALE OF
43 THE UNIT IS IMMINENT OR FOR GOOD CAUSE, AS DETERMINED BY THE
44 COURT.
45 (4) IF A SALE DATE WAS SCHEDULED, THE OFFICER SHALL POST OR
46 PROVIDE NOTICE OF THE CONTINUANCE OF THE SALE WHILE THE STAY IS IN
47 EFFECT.
48 (5) THE COURT SHALL ENTER ANY ORDERS NECESSARY TO ENSURE
49 THAT THE PROCEEDS OF THE SALE OF THE UNIT ARE HELD IN ESCROW AND
50 DISTRIBUTED BY THE COURT IN ACCORDANCE WITH LIEN PRIORITY AND
51 OTHER APPLICABLE LAW.
52 (6) A PURCHASER OF A UNIT LISTED FOR SALE PURSUANT TO THIS
53 SECTION SHALL TAKE TITLE TO THE UNIT FREE AND CLEAR OF ANY
54 ENCUMBRANCES RELATING TO FILING OF THE FORECLOSURE ACTION.".
55
56 Renumber succeeding section accordingly.
House Journal, February 18
27 Amendment No. 1, Transportation, Housing & Local Government Report,
28 dated February 11, 2025, and placed in member’s bill file; Report also
29 printed in House Journal, February 12, 2025.
30
31 Amendment No. 2, by Representative Ricks:
32
33 Amend the Transportation, Housing, and Local Government Committee
34 Report, dated February 11, 2025, page 3, line 17, strike "OR".
35
36 Page 3, before line 18 insert:
37
38 "(C) AN ESTIMATE FROM AN ONLINE REAL ESTATE MARKETPLACE
39 COMPANY; OR".
40
41 Page 3, line 18, strike "(C)" and substitute "(D)".
42
43 Page 3, line 34, before "THE" insert "THE COURT'S ORDER STAYING THE
44 SALE OF THE UNIT AT AUCTION IS IN EFFECT FOR NINE MONTHS AFTER THE
45 DATE OF THE ORDER."
46
47 Amendment No. 3, by Representative Ricks:
48
49 Amend the Transportation, Housing, and Local Government Committee
50 Report, dated February 11, 2025, page 1, after line 20 insert:
51
52 "Page 4 of the printed bill, line 9, after "property," insert "THE SALE OF
53 THE UNIT OWNER'S UNIT AT AUCTION TO PAY DELINQUENT ASSESSMENTS,
54 WHICH COULD RESULT IN THE UNIT OWNER LOSING SOME OR ALL OF THE
55 UNIT OWNER'S EQUITY IN THE UNIT,".".
1 As amended, ordered engrossed and placed on the Calendar for Third
2 Reading and Final Passage.
3
Senate Journal, March 14
After consideration on the merits, the Committee recommends that HB25-1043 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, line 11, before "(3)" insert "(1)(f)(III.5) and".
Page 3, line 13, strike "(3) NOTWITHSTANDING" and substitute "(1) (f) In
determining reasonable attorney fees pursuant to this subsection (1) relating to
an association's foreclosure of a lien against a unit owner for unpaid
assessments, the court shall give consideration to all relevant factors, including:
(III.5) WHETHER THE ASSOCIATION INCURRED INFLATED OR
DUPLICATIVE ATTORNEY FEES DUE TO A STAY IN COURT PROCEEDINGS
PURSUANT TO SUBSECTION (3) OF THIS SECTION FOR THE ASSOCIATION TO COME
INTO STRICT COMPLIANCE WITH APPLICABLE LIEN OR FORECLOSURE PROVISIONS
OF THIS TITLE 38;
(3) NOTWITHSTANDING".
Page 3, lines 17 and 18, strike "THIS SECTION AND".
Page 3, line 19, strike "38 OR OTHER APPLICABLE LAW, THE" and substitute "38
AND ANY APPLICABLE LIEN OR FORECLOSURE PROVISIONS OF THE
ASSOCIATION'S".
Page 3, line 20, after the period add "IN ADDITION, IF A COURT DETERMINES
THAT A COMMON INTEREST COMMUNITY IS NOT IN STRICT COMPLIANCE WITH
THE LIEN OR FORECLOSURE PROVISIONS OF THIS TITLE 38, THE COURT MAY STAY
THE PROCEEDINGS TO GRANT THE ASSOCIATION A REASONABLE PERIOD OF TIME
TO COME INTO STRICT COMPLIANCE WITH THE LAW. DURING THE STAY IN
PROCEEDINGS, THE ASSOCIATION SHALL NOT ASSESS OR ACCRUE LATE FEES,
INTEREST, OR OTHER DELINQUENCY CHARGES AGAINST THE UNIT OWNER.".
Page 3, line 23, after "add" insert "(1)(a.5), (1.7)(a)(I)(D), and".
Page 3, line 26, after "definitions." add "(1) To promote responsible
governance, associations shall:
(a.5) REQUEST PERIODICALLY FROM A UNIT OWNER OR DESIGNATED
CONTACT, AND MAINTAIN IN THE ASSOCIATION'S RECORDS FOR PURPOSES OF
PROVIDING NOTICE TO THE UNIT OWNER AS REQUIRED PURSUANT TO THIS
SECTION AND THIS TITLE 38, A TELEPHONE NUMBER FOR PHONE CALLS, A
CELLULAR NUMBER FOR TEXTS, AND AN EMAIL ADDRESS FOR EMAILS;
(1.7) (a) With regard to a unit owner's delinquency in paying
assessments, fines, or fees, an association shall:
(I) First contact the unit owner to alert the unit owner of the
delinquency before taking action in relation to the delinquency pursuant to
subsection (1.7)(a)(II) of this section and shall maintain a record of any contact,
including information regarding the type of communication used to contact the
unit owner and the date and time that the contact was made. Any contact that
a community association manager or a property management company makes
on behalf of an association pursuant to this subsection (1.7)(a) is deemed a
contact made by the association and not by a debt collector as defined in section
5-16-103 (9). A unit owner may identify another person to serve as a designated
contact for the unit owner to be contacted on the unit owner's behalf for
purposes of this subsection (1.7)(a)(I). A unit owner may also notify the
association if the unit owner prefers that correspondence and notices from the
association be made in a language other than English. If a preference is not
indicated, the association shall send the correspondence and notices in English.
The unit owner and the unit owner's designated contact must receive the same
correspondence and notices any time communications are sent out; except that
the unit owner must receive the correspondence and notices in the language for
which the unit owner has indicated a preference, if any. An association may
determine the manner in which a unit owner may identify a designated contact.
In contacting the unit owner or a designated contact, an association shall send
the same type of notice of delinquency required to be sent pursuant to
subsection (5)(a)(V) of this section, including sending it by certified mail, return
receipt requested. In addition, the association shall contact the unit owner or
designated contact by two of the following means:
(D) BY REGULAR MAIL, IF THE UNIT OWNER OR DESIGNATED CONTACT
HAS NOT PROVIDED A TELEPHONE NUMBER, CELLULAR NUMBER, OR EMAIL
ADDRESS AS ADDITIONAL MEANS BY WHICH TO RECEIVE NOTICES.
Local
Government
& Housing