Archive for Saturday, April 16, 2005

Bill would limit HOA authority

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State legislators next week will discuss a compromise between two versions of a bill designed to limit the power of homeowner associations.

With no state agency regulating HOAs, Senate Bill 100 is designed to give homeowners recourse against associations that may be overstepping their boundaries, said Novella Maia, legislative aid to Rep. Morgan Carroll, D-Aurora, who sponsored the bill in the House.

The bill, which passed in the House, 42-21, on Thursday, includes provisions that would subject HOAs to annual audits and limit foreclosure power in situations where an HOA is enforcing a lien for fines.

The bill also would prevent HOAs from prohibiting or limiting xeriscaping, or stopping homeowners who are emergency first responders from parking commercial vehicles on the street. Homeowners also could not be fined for displaying the American flag or political signs outside their homes.

Before the vote Thursday, Rep. Al White, R-Winter Park, said he was leaning toward supporting the bill.

"I think there have been instances of runaway HOA boards laying heavy liens on a property without adequate reason," he said. "There's no check and balances for boards that want to get heavy handed, and I think that's what this is trying to do."

Although the bill has been heavily amended in the House and Senate, the amendments have not watered down homeowners' rights, said Maia, who has received phone calls from "very unhappy" homeowners from throughout Colorado.

At the first hearing for the bill, so many people showed up to speak that the hearing had to moved to a different building, she said.

Common complaints involve HOAs favoring certain homeowners, HOA boards holding secret meetings and homeowners not being given the opportunity to speak at meetings, Maia said.

Some homeowners have complained of HOAs using dues to fund causes and events without homeowners' permission.

In one case, an HOA allegedly broke down a homeowner's door to fix a utility problem and then made the homeowner pay for a new door, Maia said.

Some HOAs' conduct is clearly over the line, but it's important not to paint all HOAs as unconscionably power hungry, she said.

Although some homeowner associations have opposed the bill, others have helped with amendments and been cooperative in the process, she said.

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