SB 89 Heads To Conference Committee
This morning, Senator Hagedorn requested that SB 89 be sent to conference committee. (A conference committee is made up of members from both houses, who try to work out outstanding issues left in the bill that were not resolved in committee or by a floor amendment.) He cited the reason for his request as issues brought up by Colorado Ski Country USA, the trade association for Colorado's ski resorts, and the National Association of Industrial and Office Properties ("NAIOP").
We understand these issues concern the amendments made in the House to section 38-33.3-217 as it was amended in the Senate. The Senate version of this provision would have exempted declarant-controlled, phased communities, and mixed-use communities from the 67% cap on the percentage of affirmative votes that may be required to amend an association declaration. Representative Carroll was concerned that these proposed exemptions were too broad and put a lot of effort into compromising with the interested parties. Currently, Section 217 proposes to exempt both declarant and phased-communities. (A phased community is defined as a community in which the developer retains development rights.) It is our understanding that she remains opposed to reverting back to the Senate version of the section.
We'll update you on the conference committee events as they transpire.