H_JUD_2025A 02/25/2025 12:09:08 PM Committee Summary

Representatives Ricks and Joseph, prime sponsors, presented House Bill 25-1123, concerning alternative dispute resolution for disputes that arise between a unit owner and a unit owners' association. The bill sponsors explained the need for and merits of the bill.



Discussion ensued regarding mediation under the bill, and the types of Homeowners' Association (HOA) violations that are within the scope of the bill.

Mr. Lee Freedman,
representing Colorado Legislative Action Committee, testified to amend
the bill. Mr. Mike Bailey, representing Highlands Ranch Community Association,
testified to amend the bill. Jack Seward, representing Master Community
Association, testified to amend the bill. Mr. Ed Schoenheit, representing
Stetson Hills HOA, testified to amend the bill.



Discussion ensued
regarding how the mediation requirements of HB 25-1123 impact HOAs, and
a related occurrence in Florida where a building collapsed. Discussion
followed regarding the types of HOA disputes that result in lawsuits, and
costs associated with mediation.

Mr. John Krueger, representing Associa, testified to amend the bill. Danaly Howe, representing themself, testified to amend the bill.



Committee members asked the witnesses questions about their background and testimony.

Wes Wollenwebber,
representing ADR Section of the Colorado Bar Association, testified on
HB 25-1123 in an "amend" position.



Committee members
asked questions about potential amendments to the bill.

Mr. Andrew Shoemaker,
representing The Mediation Association of Colorado, testified in support
of the bill. Ms. Tia Zavaras, representing The Mediation Association of
Colorado, testified in support of the bill. Mr. Michael Maday, representing
Mediation Association of Colorado, testified in support of the bill.



Discussion ensued
regarding the potential amendments to HB 25-1123, and mediation for disputes
under the bill. Discussion followed regarding costs associated with mediation,
and the venues for mediation cases.

Mr. Stanley Hrincevich,
representing Colorado HOA Forum, testified in a neutral position on the
bill. Seehase Diana, representing themself, testified in opposition to
the bill. Mr. Patrick Johansen, representing HOA Reform Leaders National
Group (HRLNG), testified in opposition to the bill.



Discussion ensued
regarding the number of HOA cases that are routed to mediation and end
up in court.

Andrew Mowery, representing
themself, testified in support of the bill.



Written testimony
about the bill is in Attachment A.

Representatives Joseph and Ricks provided closing remarks in support of HB 25-1123. Various committee members provided their positions on the bill.

Representatives Boesenecker
and Zokaie, prime sponsors, presented House Bill 25-1239, concerning the
Colorado Anti-Discrimination Act. The bill sponsors explained the impact
and merits of the bill.



Discussion ensued
regarding damage cap and the fiscal impact of the bill.

Jack Johnson, representing
Disability Law Colorado, testified in support of the bill. Ms. Molly Kirkham,
representing The Arc of Colorado, testified in support of the bill. Ellen
Buckley, representing Colorado Plaintiff Employment Lawyers Association
and The Women's Lobby of Colorado, testified in support of the bill.



Committee members
asked questions regarding the process by which HB 25-1239 was crafted.



Brendan Fung,
Legislative Council Staff, responded to questions regarding the fiscal
impact of the bill.



Additional questions
were raised regarding damage awards under the bill. Discussion ensued about
penalties for false claims and certain exemptions. Committee members raised
further points about the fiscal impact of the bill. Additional questions
were asked about reducing a defendant's penalties for rapid compliance.
Discussion followed regarding frivolous public accommodation lawsuits.
Discussion returned to the fiscal impact of the bill.

Andrew Hamrick, representing
Colorado Apartment Association, testified to amend the bill. Ms. Heather
Stauffer, representing Colorado Municipal League, testified in opposition
to the bill. Meghan Dollar, representing Colorado Chamber of Commerce,
testified to amend the bill.



Discussion ensued
regarding frivolous claims made under anti-discrimination law, and resources
available to businesses to help with anti-discrimination law compliance.
Discussion followed regarding the time period for making a claim under
HB 25-1239, and local impacts.

Megan Wong, representing
One Colorado, testified in support of the bill. Nina DiSalvo, representing
Towards Justice, testified in support of the bill. Mr. Andrew Montoya,
representing Colorado Cross-Disability Coalition, testified in support
of the bill. Christina Swope, representing themself, testified in support
of the bill. Hillary Ping, representing themself, testified in support
of the bill.



Discussion ensued
about frivolous lawsuits under anti-discrimination laws, and the impact
of the bill on housing.

Representatives Zokaie and Boesenecker provided closing remarks in support of HB 25-1239. Various committee members provided their positions on the bill.

Representative Bradley,
prime sponsor, presented House Bill 25-141, concerning criminal offenses
affecting retailers. Representative Bradley explained the effect of the
bill and discussed its need. Representative Bradley responded to questions
regarding the scope of the problem addressed by the bill and associated
crime rates.



The committee
recessed.

George Brauchler,
representing the 23rd Judicial District, testified in support of HB 25-1141.
Erik Stone, representing Teller County, testified in support of the bill.
Donna LaBelle, representing themself, testified in support of the bill.



Discussion ensued
regarding property crime rates in Colorado as compared to other states
and police response.  Additional questions were raised about the bill's
impact. The witness panel discussed gift card theft per the bill, and laws
in other states for addressing retail theft.

Tristan Gorman, representing
Colorado Criminal Defense Bar, testified in opposition to the bill. James
Karbach, representing Colo. St. Pub. Defender, testified in opposition
to the bill.



Discussion ensued
regarding the treatment of gift card theft by HB 25-1141, and the potential
deterrent effect of the bill. Discussion returned to crime rate trends.

Christopher Howes,
representing Colorado Retail Council, testified in support of the bill.
Mr. Bill Crow, representing themself, testified in support of the bill.
Mr. Dan McMillan, representing Douglas County Sheriff's Office, testified
in support of the bill. Mr. Ross Young, representing Mesa County Sheriff's
Office, testified in support of the bill.



Discussion ensued
regarding gift card theft penalties under HB 25-1141, and how the bill
may help to address retail theft crime rings.

Ms. Danielle Jurinsky,
representing City of Aurora, testified in support of the bill. Elizabeth
Burkholder, representing JCPenney, testified in support of the bill. Ms.
Annette Yebba, representing themself, testified in support of the bill.
Kaydee Van Deren, representing themself, testified in support of the bill.
Ms. Erin Meschke, representing themself, testified in support of the bill.



Committee members
raised questions about gift card theft.

No amendments were offered to HB 25-1141. Representative Bradley provided closing remarks in support of the bill. Various committee members provided their positions on the bill.