h_sa_2017a_2017-04-19t13:39:10z1 Hearing Summary
Date: 04/19/2017
Location: LSB A
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.pdf 17HouseState0419AttachD.pdf
17HouseState0419AttachE.pdf 17HouseState0419AttachF.pdf
17HouseState0419AttachG.pdf 17HouseState0419AttachH.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.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 | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Excused
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Leonard
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Melton
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Excused
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Weissman
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Williams D.
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Lontine
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Foote
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Excused
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YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection
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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 | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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Excused
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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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 | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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Excused
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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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 | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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||
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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||
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Foote
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Excused
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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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 | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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||
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Leonard
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Melton
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||
|
Weissman
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||
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Williams D.
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Lontine
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||
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Foote
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Excused
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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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 | |
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VOTE
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Benavidez
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Hooton
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||
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Humphrey
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||
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Leonard
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Melton
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||
|
Weissman
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||
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Williams D.
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Lontine
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||
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Foote
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Excused
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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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. | |
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VOTE
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Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Melton
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Yes
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Weissman
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Yes
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Williams D.
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Yes
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Lontine
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Yes
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Foote
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Excused
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Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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05:02 PM
The committee took a brief recess.