HOA Legi-Slate

We have heard many opinions on SB 100’s requirement that all board member elections be conducted by secret ballot. Some believe such a requirement does not mesh with actual association election practices, while others contend that such a requirement is a necessity for fair elections. The newly introduced SB 100 clean-up bill Senate Bill 06-089 proposes a different approach.

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We often hear the lament that homeowners did not know the insurance carried by their homeowner associations does not cover personal items like furniture, art work, rugs, upgraded light fixtures, etc. When disaster has struck, these homeowners have found themselves without adequate insurance. An additional problem arises when it is unclear which insurance covers the damage – the association’s or the owner’s? Owners have been left with flooded condominiums or townhomes after their homeowner insurance has declined to pay on the grounds that the damage is covered under the association policy, not the owner’s, and the association refuses to submit a claim, arguing just the opposite. SB 06-089 contains proposed amendments to two sections that would further assist associations and homeowners in understanding and exercising their respective rights and responsibilities in relation to insurance coverage.

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This afternoon, Senator Hagedorn introduced the anticipated SB 100 Cleanup Bill. Entitled “HOA Cleanup Legislation,” Senate Bill 06-089 looks much like we anticipated and outlined in this post with a few additional proposed amendments. SB 06-089 has been assigned to its “committee of reference,” the Senate Judiciary Committee, where it will be analyzed closely. We will be carefully tracking any changes or amendments to this bill, keeping you posted as they happen. Click here for the text of the bill.

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In the last few months, Senator Hagedorn and Representative Carroll have been meeting with concerned parties, including HindmanSanchez, to discuss the SB 100 Clean-Up Bill. HindmanSanchez's participation included meeting with both Senator Hagedorn and Representative Carroll and providing them with suggested amendments, many of which are reflected in the bulleted list below. We now have an idea of how the bill is shaping up. Although it is too early to tell what exactly will be in this bill, at this time, we anticipate the following:

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