Amendments for SB24-021
Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB24-021 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 2, line 5, strike "If" and substitute "EXCEPT AS
DESCRIBED IN SUBSECTION (4) OF THIS SECTION, if".
Page 3, line 7, strike "If" and substitute "EXCEPT AS DESCRIBED IN SUBSECTION
(4) OF THIS SECTION, if".
Page 4, after line 14 insert:
"(4) A COOPERATIVE OR PLANNED COMMUNITY THAT IS SUBJECT ONLY
TO SECTIONS 38-33.3-105 TO 38-33.3-107 OF THIS ARTICLE 33.3 PURSUANT TO
SUBSECTION (1)(a) OR (1)(b) OF THIS SECTION MAY ELECT TO BE SUBJECT TO THIS
ENTIRE ARTICLE 33.3. A COOPERATIVE OR PLANNED COMMUNITY THAT SO
ELECTS SHALL ADOPT AN AMENDMENT TO ITS DECLARATION IN ACCORDANCE
WITH SECTION 38-33.3-217 EVIDENCING THE COOPERATIVE OR PLANNED
COMMUNITY'S ELECTION TO BE SUBJECT TO THIS ENTIRE ARTICLE 33.3.
SECTION 2. In Colorado Revised Statutes, 12-10-801, add (3)(a.5)
as follows:
12-10-801. HOA information and resource center - creation - duties
- rules - subject to review - repeal. (3) (a.5) (I) THE HOA INFORMATION
OFFICER SHALL IDENTIFY, TO THE EXTENT PRACTICABLE, COOPERATIVES AND
PLANNED COMMUNITIES THAT:
(A) PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION (3)(a.5), WERE
SUBJECT TO THE ENTIRETY OF ARTICLE 33.3 OF TITLE 38; AND
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3)(a.5),
ARE SUBJECT ONLY TO SECTIONS 38-33.3-105 TO 38-33.3-107, AS DESCRIBED IN
SECTION 38-33.3-116.
(II) ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3)(a.5),
BUT NO LATER THAN NOVEMBER 1, 2024, THE HOA INFORMATION OFFICER
SHALL NOTIFY EACH COOPERATIVE AND PLANNED COMMUNITY IDENTIFIED
PURSUANT TO SUBSECTION (3)(a.5)(I) OF THIS SECTION THAT:
(A) AS A RESULT OF THE ENACTMENT OF SENATE BILL 24-021,
ENACTED IN 2024, THE COOPERATIVE AND PLANNED COMMUNITY IS SUBJECT
ONLY TO SECTIONS 38-33.3-105 TO 38-33.3-107, AS DESCRIBED IN SECTION
38-33.3-116; AND
(B) PURSUANT TO SECTION 38-33.3-116 (4), THE COOPERATIVE AND
PLANNED COMMUNITY MAY ELECT TO BE SUBJECT TO THE ENTIRETY OF ARTICLE
33.3 OF TITLE 38, AND THAT A COOPERATIVE OR PLANNED COMMUNITY THAT SO
ELECTS IS REQUIRED TO ADOPT AN AMENDMENT TO ITS DECLARATION IN
ACCORDANCE WITH SECTION 38-33.3-217 EVIDENCING THE COOPERATIVE OR
PLANNED COMMUNITY'S ELECTION TO BE SUBJECT TO THE ENTIRETY OF ARTICLE
33.3 OF TITLE 38.
(III) THIS SUBSECTION (3)(a.5) IS REPEALED, EFFECTIVE JULY 1, 2025.".
Renumber succeeding section accordingly.
Local
Government
& Housing