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1B16C97D33DF9F4C872587DE0073BEC4 Hearing Summary




PUBLIC
BILL SUMMARY For HB22-1040

HOUSE COMMITTEE ON BUSINESS AFFAIRS & LABOR
Date Feb 3, 2022      
Location HCR 0112



HB22-1040 - Amended, referred to the Committee of the Whole


02:04:17 PM  
The committee took a brief recess.
02:09:07 PM  
The committee reconvened.
02:09:15 PM  
Representatives Rich
and Hooton introduced House Bill 22-1040, Home Owners' Reasonable Access
to Common Areas.  Current law allows a home owners' association (HOA)
to regulate the use, maintenance, repair, replacement, and modification
of a community's common elements.  The bill specifies that an HOA
must protect owners' and their guests' access to common elements by clarifying
when an HOA may restrict access and requiring HOAs to notify owners of
restrictions lasting longer than 24 hours.




The bill sponsors
provided Amendments L.001 and L.002 (Attachments C and D).
02:13:35 PM  
Anne Landman, representing herself, testified in support of the bill.
02:17:41 PM  
John Seward, representing himself, testified in support of the bill.
02:19:54 PM  
Ms. Landman and Mr. Seward responded to questions from the committee.
02:26:35 PM  
Ella Washington,
representing the Community Associations Institute (CAI) Colorado Legislative
Action Committee, testified in opposition to the bill.

02:29:12 PM  
James LeDuc, representing himself, testified in opposition to the bill.
02:31:23 PM  
Jill-Ellyn Straus,
representing the CAI Colorado Legislative Action Committee, testified in
opposition to the bill.
02:34:21 PM  
Ms. Straus and Ms. Washington responded to questions from the committee.
02:41:26 PM  
Herbert Sampson,
representing himself, testified to amend the bill.  Mr. Sampson also
provided written testimony to the committee (Attachment E).
02:41:27 PM  
Additional written
testimony that was submitted to the committee for consideration is provided
as Attachment F.


02:48:04 PM
Motion Adopt amendment L.001
Moved Lynch
Seconded Snyder
Amabile
Bird
Carver
Daugherty
Lynch
Mullica
Ricks
Sandridge
Snyder
Van Beber
Van Winkle Excused
Sullivan
Roberts
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:48:24 PM
Motion Adopt amendment L.002
Moved Carver
Seconded Bird
Amabile
Bird
Carver
Daugherty
Lynch
Mullica
Ricks
Sandridge
Snyder
Van Beber
Van Winkle Excused
Sullivan
Roberts
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
02:48:25 PM  
The bill sponsors and committee members provided closing remarks on the bill.


02:57:18 PM
Motion Refer House Bill 22-1040, as amended, to the Committee of the Whole.
Moved Sullivan
Seconded Bird
Amabile Yes
Bird Yes
Carver No
Daugherty Yes
Lynch Yes
Mullica Yes
Ricks Yes
Sandridge No
Snyder Yes
Van Beber Excused
Van Winkle Excused
Sullivan Yes
Roberts Yes
Final YES: 9   NO: 2   EXC: 2   ABS:  0   FINAL ACTION:  PASS