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12:09:18 PM |
Representatives Ricks and Joseph, prime sponsors, presented House Bill 25-1123, concerning alternative dispute resolution for disputes that arise between a unit owner and a unit owners' association. The bill sponsors explained the need for and merits of the bill.
Discussion ensued regarding mediation under the bill, and the types of Homeowners' Association (HOA) violations that are within the scope of the bill.
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12:20:09 PM |
Mr. Lee Freedman,
representing Colorado Legislative Action Committee, testified to amend
the bill. Mr. Mike Bailey, representing Highlands Ranch Community Association,
testified to amend the bill. Jack Seward, representing Master Community
Association, testified to amend the bill. Mr. Ed Schoenheit, representing
Stetson Hills HOA, testified to amend the bill.
Discussion ensued
regarding how the mediation requirements of HB 25-1123 impact HOAs, and
a related occurrence in Florida where a building collapsed. Discussion
followed regarding the types of HOA disputes that result in lawsuits, and
costs associated with mediation.
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12:56:36 PM |
Mr. John Krueger, representing Associa, testified to amend the bill. Danaly Howe, representing themself, testified to amend the bill.
Committee members asked the witnesses questions about their background and testimony.
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01:04:38 PM |
Wes Wollenwebber,
representing ADR Section of the Colorado Bar Association, testified on
HB 25-1123 in an "amend" position.
Committee members
asked questions about potential amendments to the bill.
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01:11:16 PM |
Mr. Andrew Shoemaker,
representing The Mediation Association of Colorado, testified in support
of the bill. Ms. Tia Zavaras, representing The Mediation Association of
Colorado, testified in support of the bill. Mr. Michael Maday, representing
Mediation Association of Colorado, testified in support of the bill.
Discussion ensued
regarding the potential amendments to HB 25-1123, and mediation for disputes
under the bill. Discussion followed regarding costs associated with mediation,
and the venues for mediation cases.
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01:33:39 PM |
Mr. Stanley Hrincevich,
representing Colorado HOA Forum, testified in a neutral position on the
bill. Seehase Diana, representing themself, testified in opposition to
the bill. Mr. Patrick Johansen, representing HOA Reform Leaders National
Group (HRLNG), testified in opposition to the bill.
Discussion ensued
regarding the number of HOA cases that are routed to mediation and end
up in court.
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01:55:35 PM |
Andrew Mowery, representing
themself, testified in support of the bill.
Written testimony
about the bill is in Attachment A.
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02:00:48 PM |
Representative Joseph
explained the effect of Amendment L.001 (Attachment B).
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02:00:50 PM
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Motion |
Adopt amendment L.001 (Attachment B) |
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Moved |
Espenoza |
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Seconded |
Garcia |
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Armagost |
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Bacon |
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Caldwell |
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Clifford |
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Espenoza |
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Garcia |
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Keltie |
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Soper |
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Zokaie |
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Carter |
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Mabrey |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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02:00:56 PM |
Representatives Joseph
and Ricks explained the effect of Amendment L.003 (Attachment C).
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02:03:35 PM |
Discussion ensued
regarding exemption language in Amendment L.003. The committee recessed.
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02:10:41 PM |
The committee returned
to order. Discussion returned to Amendment L.003.
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02:13:26 PM
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Motion |
Adopt amendment L.003 (Attachment C) |
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Moved |
Carter |
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Seconded |
Bacon |
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Armagost |
No |
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Bacon |
Yes |
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Caldwell |
No |
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Clifford |
Yes |
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Espenoza |
Yes |
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Garcia |
Yes |
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Keltie |
No |
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Soper |
No |
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Zokaie |
Yes |
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Carter |
Yes |
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Mabrey |
Yes |
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YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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02:13:47 PM |
Representative Joseph
explained the effect of Amendment L.004 (Attachment D).
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02:14:47 PM
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Motion |
Adopt amendment L.004 (Attachment D) |
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Moved |
Carter |
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Seconded |
Bacon |
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Armagost |
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Bacon |
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Caldwell |
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Clifford |
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Espenoza |
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Garcia |
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Keltie |
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Soper |
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Zokaie |
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Carter |
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Mabrey |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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02:15:09 PM |
Representative Joseph
explained the effect of amendment L.005 (Attachment E).
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02:15:49 PM
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Motion |
Adopt amendment L.005 (Attachment E) |
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Moved |
Carter |
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Seconded |
Bacon |
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Armagost |
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Bacon |
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Caldwell |
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Clifford |
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Espenoza |
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Garcia |
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Keltie |
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Soper |
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Zokaie |
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Carter |
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Mabrey |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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02:15:51 PM |
Representatives Joseph and Ricks provided closing remarks in support of HB 25-1123. Various committee members provided their positions on the bill.
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02:25:37 PM
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Motion |
Refer House Bill 25-1123, as amended, to the Committee of the Whole. |
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Moved |
Carter |
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Seconded |
Bacon |
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Armagost |
No |
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Bacon |
Yes |
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Caldwell |
No |
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Clifford |
Yes |
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Espenoza |
Yes |
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Garcia |
Yes |
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Keltie |
No |
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Soper |
No |
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Zokaie |
Yes |
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Carter |
Yes |
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Mabrey |
Yes |
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Final |
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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