Home­owner con­sent bill in­tro­duced in state House

The Denver Post - - DENVER & THE WEST - By John Aguilar John Aguilar: 303-954-1695, jaguilar@den­ver­post.com or @abu­vthe­fold

Yet an­other at­tempt to re­form Colorado’s con­struc­tion de­fects statute has been in­tro­duced in the leg­is­la­ture, this time a bi­par­ti­san bill that would re­quire ma­jor­ity ap­proval by home­own­ers to ini­ti­ate a le­gal ac­tion against a builder rather than leav­ing that de­ci­sion to a home­owner as­so­ci­a­tion board.

The mea­sure, House Bill 1279, has sup­port from both sides of the aisle, with Rep. Alec Gar­nett, D-Den­ver, and Lori Saine, R-Da­cono, serv­ing as the pri­mary spon­sors in the House. It was in­tro­duced in the cham­ber late Fri­day night.

“This bill will es­tab­lish a fair and bal­anced process for all home­own­ers and will es­tab­lish con­fi­dence in the mar­ket­place for de­vel­op­ers to break ground,” Gar­nett said in a state­ment.

HB 1279 is one of six bills that have been in­tro­duced in the state­house this ses­sion to tackle an is­sue that many blame for stymieing con­do­minium con­struc­tion in the Den­ver metro area. Two of those mea­sures have al­ready been voted down in com­mit­tee and a third — one that would re­quire bind­ing ar­bi­tra­tion as a dispute res­o­lu­tion ap­proach over lit­i­ga­tion when a con­struc­tion de­fects claim is made — is un­likely to pre­vail after be­ing as­signed to what many re­fer to as a “kill” com­mit­tee in the House.

While HB 1279 was as­signed to the same com­mit­tee — the House State, Vet­er­ans & Mil­i­tary Af­fairs Com­mit­tee — Gar­nett said it stands a bet­ter chance of pre­vail­ing given that Speaker Crisanta Du­ran is a bill spon­sor.

Sen. Lu­cia Guz­man, DDen­ver, is spon­sor­ing HB 1279 on the Sen­ate side. She said the bill would bal­ance home­own­ers’ abil­ity “to seek dam­ages for de­fec­tive work with pro­vi­sions to shield hon­est busi­nesses from bad ac­tors.”

Many pro­po­nents of con­struc­tion de­fects re­form have crit­i­cized Colorado law for al­low­ing an HOA board to file a law­suit against a builder for shoddy work­man­ship with­out hav­ing to first ask the in­di­vid­ual unit own­ers in a condo com­plex if that’s what they want.

Lit­i­ga­tion can harm home­own­ers by mak­ing it nearly im­pos­si­ble for them to sell or re­fi­nance their homes while the le­gal chal­lenge is in play, re­form back­ers say. HB 1279 would man­date that home­own­ers be in­formed of the ex­pected costs of pro­posed lit­i­ga­tion and be told that their abil­ity to sell their prop­erty could be im­paired for the du­ra­tion of a law­suit.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.