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h_sa_2017a_2017-04-19t13:39:10z1 Hearing Summary

Date: 04/19/2017

Location: LSB A

Final

BILL SUMMARY for HB17-1279



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment C). The motion p

Adopt amendment L.003 (Attachment D). The motion p

Adopt amendment L.004 (Attachment E). The motion p

Adopt amendment L.005 (Attachment F). The motion p

Adopt amendment L.006 (Attachment G). The motion p

Adopt amendment L.007 (Attachment H). The motion p

Refer House Bill 17-1279, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS







03:31 PM -- HB17-1279



Representative Garnett and Representative Saine, co-prime bill sponsors, presented House Bill 17-1279. Before an executive board of a homeowners association (HOA) can initiate a construction defect lawsuit, this bill requires that the board first:



• notify all unit owners of the HOA and the builder(s) of the development of any plans to bring a construction defect lawsuit;

• convene a meeting for the board and the developer to present relevant facts and arguments to HOA unit owners; and

• obtain the approval of a majority of the unit owners.



The bill dictates various disclosures that must be included in the notification to HOA unit owners and construction professionals, and sets deadlines for the board to provide the notifications, convene a meeting, and collect votes for or against a construction defect lawsuit.





03:37 PM



Representative Wist, bill co-sponsor, made comments about House Bill 17-1279.





03:43 PM



Representative Garnett answered questions from the committee. Representative Garnett distributed amendments L.001, L.003, L.004, L.005, L.006, and L.007 (Attachments C through H) and gave a brief overview of the amendments. Representative Wist and Representative Saine made comments about the proposed amendments.



17HouseState0419AttachC.pdf17HouseState0419AttachC.pdf 17HouseState0419AttachD.pdf17HouseState0419AttachD.pdf



17HouseState0419AttachE.pdf17HouseState0419AttachE.pdf 17HouseState0419AttachF.pdf17HouseState0419AttachF.pdf



17HouseState0419AttachG.pdf17HouseState0419AttachG.pdf 17HouseState0419AttachH.pdf17HouseState0419AttachH.pdf



03:43 PM --
Suzanne Leff, Community Associations Institute, testified in support of the bill. Ms. Leff answered questions from the committee.



03:53 PM --
Mayor Adam Paul, City of Lakewood, testified in support of the bill. Mayor Paul answered questions from the committee.



03:57 PM --
Jonathan Harris, Build Our Homes Right, testified in support of the bill. Mr. Harris answered questions from the committee.



04:01 PM --
Nick Remus, American Institute of Architects Colorado, testified in support of the bill.



04:04 PM --
Phil Ross, representing himself, testified in support of the bill.



04:09 PM --
Kathie Barstnar, Homeownership Opportunity Alliance and NAIOP - the Commercial Real Estate Development Association, testified in support of the bill. She provided a handout to the committee (Attachment I). Ms. Barstnar answered questions from the committee.



17HouseState0419AttachI.pdf17HouseState0419AttachI.pdf



04:19 PM



Representative Garnett explained amendment L.001.

BILL: HB17-1279
TIME: 04:20:29 PM
MOVED: Hooton
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection, with three members excused.
SECONDED: Benavidez
VOTE
Benavidez
Hooton
Humphrey
Excused
Leonard
Melton
Excused
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection





04:21 PM



Representative Garnett and Representative Wist explained amendment L.003 and answered questions from the committee about amendment L.003. Representative Wist, Representative Garnett, and Representative Saine answered questions from the committee about amendment L.003.

BILL: HB17-1279
TIME: 04:27:37 PM
MOVED: Leonard
MOTION: Adopt amendment L.003 (Attachment D). The motion passed without objection, with one member excused.
SECONDED: Benavidez
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





04:28 PM



Representative Wist explained amendment L.004.

BILL: HB17-1279
TIME: 04:29:13 PM
MOVED: Humphrey
MOTION: Adopt amendment L.004 (Attachment E). The motion passed without objection, with one member excused.
SECONDED: Melton
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





04:29 PM



Representative Garnett explained amendment L.005. Representative Wist answered questions from the committee about amendment L.005.

BILL: HB17-1279
TIME: 04:33:05 PM
MOVED: Melton
MOTION: Adopt amendment L.005 (Attachment F). The motion passed without objection, with one member excused.
SECONDED: Leonard
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





04:33 PM



Representative Garnett explained amendment L.006. The committee members discussed amendment L.006. Representative Wist answered questions from the committee about amendment L.006. Representative Saine made comments to the committee about amendment L.006.

BILL: HB17-1279
TIME: 04:36:32 PM
MOVED: Melton
MOTION: Adopt amendment L.006 (Attachment G). The motion passed without objection, with one member excused.
SECONDED: Hooton
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





04:37 PM



Representative Garnett and Representative Wist explained amendment L.007. Representative Garnett, Representative Wist, and Representative Saine answered questions from the committee about amendment L.007 and the bill.

BILL: HB17-1279
TIME: 04:46:18 PM
MOVED: Leonard
MOTION: Adopt amendment L.007 (Attachment H). The motion passed without objection, with one member excused.
SECONDED: Melton
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





04:47 PM



Representative Garnett, Representative Saine, and Representative Wist made concluding remarks about the bill. Committee members commented on the bill.

BILL: HB17-1279
TIME: 05:01:15 PM
MOVED: Melton
MOTION: Refer House Bill 17-1279, as amended, to the Committee of the Whole. The motion passed on a vote of 8-0, with one member excused.
SECONDED: Williams D.
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
Yes
Melton
Yes
Weissman
Yes
Williams D.
Yes
Lontine
Yes
Foote
Excused
Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS







05:02 PM



The committee took a brief recess.