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ACAEE2F66B7983C387258C3C00693797 Hearing Summary




PUBLIC
BILL SUMMARY For HB25-1123

HOUSE COMMITTEE ON JUDICIARY
Date Feb 25, 2025      
Location HCR 0107



HB25-1123 - Amended, referred to the Committee of the Whole

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.

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.
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.

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.
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.
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.
01:55:35 PM  
Andrew Mowery, representing
themself, testified in support of the bill.




Written testimony
about the bill is in Attachment A.
02:00:48 PM  
Representative Joseph
explained the effect of Amendment L.001 (Attachment B).


02:00:50 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Espenoza
Seconded Garcia
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:00:56 PM  
Representatives Joseph
and Ricks explained the effect of Amendment L.003 (Attachment C).
02:03:35 PM  
Discussion ensued
regarding exemption language in Amendment L.003. The committee recessed.
02:10:41 PM  
The committee returned
to order. Discussion returned to Amendment L.003.


02:13:26 PM
Motion Adopt amendment L.003 (Attachment C)
Moved Carter
Seconded Bacon
Armagost No
Bacon Yes
Caldwell No
Clifford Yes
Espenoza Yes
Garcia Yes
Keltie No
Soper No
Zokaie Yes
Carter Yes
Mabrey Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:13:47 PM  
Representative Joseph
explained the effect of Amendment L.004 (Attachment D).


02:14:47 PM
Motion Adopt amendment L.004 (Attachment D)
Moved Carter
Seconded Bacon
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:15:09 PM  
Representative Joseph
explained the effect of amendment L.005 (Attachment E).


02:15:49 PM
Motion Adopt amendment L.005 (Attachment E)
Moved Carter
Seconded Bacon
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
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.


02:25:37 PM
Motion Refer House Bill 25-1123, as amended, to the Committee of the Whole.
Moved Carter
Seconded Bacon
Armagost No
Bacon Yes
Caldwell No
Clifford Yes
Espenoza Yes
Garcia Yes
Keltie No
Soper No
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS