HOA Legi-Slate

What would be the effect on Condo's, where the owner doesn't own any external area, except the limited common areas?

There was an interesting CA court case reported in today's (Thursday) Durango Herald. This allowed a homeowner who installed a solar collector after a neighbor had planted redwood trees, which shaded the collector, to require cutting down new growth on the trees. The old growth and original trees were not required to be cut since they had been planted prior to the law.

Why have Covenants if our legislature can override them in order to appease the environmentalists? A major reason, if not THE major reason, for purchasing in a cov.-controlled community is the architectural control, which thereby protects values. Ultimately, that's what the Covenants are meant to govern. Isn't there, at least, a type of implied contract between the HOA and the purchaser, in this regard? I was taught that abrogation of contracts was the hallmark of despotism. Look at Venezuela today!

Since condo owners to not "own" property outside of the confines of their unit on which to install these devices, does this bill amendment really affect/apply to condominium associations?

Well, this is just more good news. With all this interference and micromanagement, pretty soon, we won't need managers. We can just have "Management by Legislature!"

Personally, as a manager, I have always advised the board to consider balancing the needs of the homeowners with strict adherence to the covenants when considering such requests. If they won't seriously affect esthetics or any-other owner's property rights, what's the problem?

I'm not sure I like associations having to take into consideration purchase price/operating costs as to whether a restriction is reasonable. If a member of an association is seeking to have a very in-expensive plastic or aluminum shade-structure installed and the association would prefer they install wood for aesthetic reasons I can see the member trying very hard to force it though based entirely on the cost difference of a wood structure vs some plastic prefab.

I do think this appears to be a dangerous bill to HOA's. I don't believe that governments should be involved in micro-managing HOA's. HOA's should be self-governing in most respects. This bill will open up a can of worms that will result in many disputes and lawsuits - which is what the lawyers feed on.

And the party affiliation of the sponsoring legislator is? The mantra of the Democrat party IS government control of most or your life. It is no surprise that this and other similar bills mandating government control of private property are proliferating. A couple of disgruntled people not happy with a decision by their HOA and they seek legislative relief. Oddly, their claim for the needed legislation is the so called heavy-handed actions on the part of their board of directors. So, their solution is the even heavier-handed action by the government which affects ALL associations. Why not simply address the issue at their board through attending meetings and participating in the association's governance? Unless of they tried and the general community disagreed with them so they seek redress at the legislative level or possibly via the courts.

I have served you in the gulf helping to ensure cheap energy. I am sorry if energy independence offends your sense of style.

I'm so proud of the House for doing this -- now, it's only up to the Senate to do the right thing. I do agree that HOA's and homeowners should be free, to some degree, to govern themselves, but there are two reasons why this must be put in check:

(1) You can't buy a home in Colorado anymore without it being governed by an HOA, unless you are filthy rich or filthy poor. So, freedom was already taken away by the over-abundance of these evil mechanisms.
(2) NO organization should be free to make ignorant rules that cause harm to the environment. HOAs are a major offender here -- requiring things like planting 80% of a Colorado yard in Kentucky bluegrass -- how ridiculous. "Plant something non-native that requires massive amounts of watering in a semi-arid region". Genius Jerry, GENIUS!