SB 185 Postponed Indefinitely, But Rears Its Ugly Head In Amendment to SB 89
At the House Local Government hearing on Tuesday, April 11, Representative Liston, the House sponsor of SB 185, requested that the bill be postponed indefinitely. (SB 185 proposed to extend the CCIOA exemption for small and limited expense planned communities created after July 1, 1998 to all small and limited expense communities. Our objections to this proposal are discussed in this post.) The Committee then voted to postpone the bill indefinitely, which has the same effect as killing a bill. Unfortunately, the demise of SB 185 is not the end of the story due to an amendment added at the last minute to SB 89 by SB 185’s proponents. (Click here to view amendment.)
If this amendment were to become law, planned communities, regardless of their size or date of creation, would be able to exempt out of CCIOA by amending their declarations to cap the average annual assessment to about $450 per unit. By doing this, associations would exempt themselves out of CCIOA, including SB 100’s requirements. This hostile amendment was secured over the opposition of Representative Carroll and the key stakeholders, including Community Associations Institute, CAI, Colorado Bar Association, Colorado Society of CPAs, and our law firm.
Please contact your representative by Monday, April 17th and request him or her to support SB 89 and remove the “carve out” amendment. Click here for information on contacting your representative.