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s_blt_2017a_2017-03-13t13:59:52z2 Hearing Summary

Date: 03/13/2017

Location: SCR 357

Final

BILL SUMMARY for SB17-157



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY


Votes: View--> Action Taken:
Postpone Senate Bill 17-157 indefinitely using a r

Refer Senate Bill 17-157 to the Committee of the W
PASS

FAIL







03:26 PM -- SB 17-157



Senator Williams introduced Senate Bill 17-157, concerning prerequisites for the authority of a unit owners' association to pursue litigation involving alleged construction defects. Before a homeowner association (HOA) can bring a lawsuit against a developer or builder in a construction defect case, this bill requires that the HOA's executive board first obtain approval from a majority of the unit owners. In seeking prior approval, the bill details various disclosures that must be made to unit owners, including details about the lawsuit, and its potential costs and benefits. The bill limits the amount and type of contact that a developer who is subject to the lawsuit may have with the unit owners in the HOA. Prior approval by unit owners is not required for cases in which the alleged construction damages are valued under $100,000.



03:34 PM --
Diane Hilts, Diamond Excavating, spoke in opposition to the bill. She responded to questions from the committee.



03:37 PM --
Jeff Kutzer, Community Associations Institute (CAI), spoke in favor of the bill.



03:39 PM --
Lee Freedman, CAI, spoke in favor of the bill.



03:44 PM --
Chad Otto, representing himself, spoke in favor of the bill. He responded to questions from the committee.



03:48 PM --
Jim Cowell, CAI, spoke in favor of the bill.



03:51 PM --
Candyce Cavanagh, CAI, spoke in favor of the bill. She responded to questions from the committee.



04:01 PM --
Gina Marino, representing herself, spoke in favor of the bill.



04:03 PM --
Jesse Witt, representing himself, spoke in favor of the bill.



04:06 PM --
Veronica Barela, NEWSED Community Development Corporation, spoke in favor of the bill.



04:09 PM --
Michael Gifford, Associated General Contractors, spoke in opposition to the bill.



04:12 PM --
Mayor Adam Paul, City of Lakewood and Colorado Municipal League, spoke in opposition to the bill. He responded to questions from the committee.



04:13 PM --
Scott Smith, Colorado Association of Homebuilders, spoke in opposition to the bill.



04:17 PM --
Michael Winn, American Institute of Architects-Colorado, spoke in favor of the bill. He provided a copy of written testimony (Attachment C).



170313 AttachC.pdf170313 AttachC.pdf



04:22 PM --
Todd Larson, Colorado Management Associates, spoke in favor of the bill.



04:25 PM --
Suzanne Leff, CAI, spoke in support of the bill.



04:31 PM



Senator Williams read a letter from a constituent and made closing comments on the merits of the bill.


BILL: SB17-157
TIME: 04:34:06 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-157 to the Committee of the Whole. The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-157
TIME: 04:36:16 PM
MOVED: Neville T.
MOTION: Postpone Senate Bill 17-157 indefinitely using a reversal of the previous roll call. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:37 PM



The committee adjourned.