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s_lg_2016a_2016-03-15t14:02:29z1 Hearing Summary

Date: 03/15/2016



Final

BILL SUMMARY for HB16-1149



SENATE COMMITTEE ON LOCAL GOVERNMENT


Votes: View--> Action Taken:
Adopt amendment L.002. The motion passed without o

Adopt amendment L.004, as amended. The motion pass

Refer House Bill 16-1149, as amended, to the Commi

This is a conceptual amendment. Amend Amendment L.

This is a conceptual amendment. Moved to amend Ame
Pass Without Objection

Pass Without Objection

PASS

Pass Without Objection

Pass Without Objection







02:21 PM -- HB 16-1149



Senator Newell, prime sponsor, discussed the provisions of House Bill 16-1149 concerning budget reporting exemption for homeowners associations (HOA) and distributed Amendment L.004 (Attachment A). Under current law, common interest communities, also known as HOAs, established prior to the 1992 enactment of the Colorado Common Interest Ownership Act (CCOIA) are exempt from certain budget reporting provisions. The reengrossed bill removes this exemption and requires executive boards of HOAs that predate CCOIA to provide a summary of a proposed budget to each unit owner, either by mail or by posting the proposed budget on their website; hold a meeting for unit owners to consider the proposed budget; and continue using the most recent approved budget if there is a veto of the proposed budget by a majority of unit owners. The bill also creates a new exemption from the budget reporting provisions for voluntary HOAs that do not impose mandatory fees.



160315 AttachA.pdf160315 AttachA.pdf



02:22 PM



Senator Crowder distributed Amendment L.002 (Attachment B). Senator Donovan moved the bill to the Committee of the Whole and Amendment L.002 (Attachment B) and Amendment L.004 (Attachment A).



160315 AttachB.pdf160315 AttachB.pdf



The following persons testified on the bill:



02:25 PM -- Candice Compton, representing herself, spoke in support of the bill. She discussed her experience as an HOA resident and expressed her concerns regarding the budget requirements in current law. She also distributed letters of support for the bill from Noreen Dahl (Attachment C), John Wallace (Attachment D), and former Senator Bruce Cairns (Attachment E). Ms. Compton answered questions from the committee regarding the budget of her HOA.



160315 AttachC.pdf160315 AttachC.pdf160315 AttachD.pdf160315 AttachD.pdf160315 AttachE.pdf160315 AttachE.pdf



02:28 PM -- Paula Moore, representing herself, spoke in support of the bill and discussed her experience with HOA executive boards and discussed the budgetary requirements. She also distributed a copy of her testimony (Attachment F)



160315 AttachF.pdf160315 AttachF.pdf



02:35 PM --
Joy McGlawn, representing herself, spoke in favor of the bill.



02:38 PM --
Suzanne Leff, Community Association Institute, spoke in support of Amendments L.002 (Attachment B) and Amendment L.004 (Attachment A). She also spoke in opposition to the introduced version of the bill and responded to questions from the committee about the HOA budget process for pre-CCOIA communities under current law and the effect of Amendment L.004 (Attachment A). She also responded to questions from the committee about possible amendments to Amendment L.004 (Attachment A)



02:51 PM



The chair closed testimony on the bill.



02:51 PM



Jennifer Berman, Office of Legislative Legal Services, responded to questions from the committee about amendments to Amendment L.004 and the reengrossed bill.

BILL: HB16-1149
TIME: 02:51:12 PM
MOVED: Marble
MOTION: Adopt amendment L.004, as amended. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1149
TIME: 02:51:52 PM
MOVED: Marble
MOTION: This is a conceptual amendment. Amend Amendment L.004, strike line 10. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1149
TIME: 03:00:30 PM
MOVED: Kefalas
MOTION: This is a conceptual amendment. Moved to amend Amendment L.004, line 1, after "bill, insert "page 2" The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1149
TIME: 03:01:49 PM
MOVED: Crowder
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection












BILL: HB16-1149
TIME: 03:02:11 PM
MOVED: Crowder
MOTION: Refer House Bill 16-1149, as amended, to the Committee of the Whole, and with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Excused
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:03 PM



Senator Newell closed her remarks on the bill, as amended.







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