s_blt_2017a_2017-03-13t13:59:52z2 Hearing Summary
Date: 03/13/2017
Location: SCR 357
BILL SUMMARY for SB17-157
SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY
| Votes: View--> | Action Taken: |
| Postpone Senate Bill 17-157 indefinitely using a r Refer Senate Bill 17-157 to the Committee of the W |
PASS FAIL |
03:26 PM -- SB 17-157
Senator Williams introduced Senate Bill 17-157, concerning prerequisites for the authority of a unit owners' association to pursue litigation involving alleged construction defects. Before a homeowner association (HOA) can bring a lawsuit against a developer or builder in a construction defect case, this bill requires that the HOA's executive board first obtain approval from a majority of the unit owners. In seeking prior approval, the bill details various disclosures that must be made to unit owners, including details about the lawsuit, and its potential costs and benefits. The bill limits the amount and type of contact that a developer who is subject to the lawsuit may have with the unit owners in the HOA. Prior approval by unit owners is not required for cases in which the alleged construction damages are valued under $100,000.
03:34 PM -- Diane Hilts, Diamond Excavating, spoke in opposition to the bill. She responded to questions from the committee.
03:37 PM -- Jeff Kutzer, Community Associations Institute (CAI), spoke in favor of the bill.
03:39 PM -- Lee Freedman, CAI, spoke in favor of the bill.
03:44 PM -- Chad Otto, representing himself, spoke in favor of the bill. He responded to questions from the committee.
03:48 PM -- Jim Cowell, CAI, spoke in favor of the bill.
03:51 PM -- Candyce Cavanagh, CAI, spoke in favor of the bill. She responded to questions from the committee.
04:01 PM -- Gina Marino, representing herself, spoke in favor of the bill.
04:03 PM -- Jesse Witt, representing himself, spoke in favor of the bill.
04:06 PM -- Veronica Barela, NEWSED Community Development Corporation, spoke in favor of the bill.
04:09 PM -- Michael Gifford, Associated General Contractors, spoke in opposition to the bill.
04:12 PM -- Mayor Adam Paul, City of Lakewood and Colorado Municipal League, spoke in opposition to the bill. He responded to questions from the committee.
04:13 PM -- Scott Smith, Colorado Association of Homebuilders, spoke in opposition to the bill.
04:17 PM -- Michael Winn, American Institute of Architects-Colorado, spoke in favor of the bill. He provided a copy of written testimony (Attachment C).
170313 AttachC.pdf
04:22 PM -- Todd Larson, Colorado Management Associates, spoke in favor of the bill.
04:25 PM -- Suzanne Leff, CAI, spoke in support of the bill.
04:31 PM
Senator Williams read a letter from a constituent and made closing comments on the merits of the bill.
| BILL: | SB17-157 | |
| TIME: | 04:34:06 PM | |
| MOVED: | Williams A. | |
| MOTION: | Refer Senate Bill 17-157 to the Committee of the Whole. The motion failed on a vote of 2-5. | |
| SECONDED: | ||
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VOTE
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Jahn
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No
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Kerr
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Yes
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Priola
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No
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Smallwood
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No
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Williams A.
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Yes
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Neville T.
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No
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Tate
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No
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YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-157 | |
| TIME: | 04:36:16 PM | |
| MOVED: | Neville T. | |
| MOTION: | Postpone Senate Bill 17-157 indefinitely using a reversal of the previous roll call. The motion passed on a vote of 5-2. | |
| SECONDED: | ||
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VOTE
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Jahn
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Yes
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Kerr
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No
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Priola
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Yes
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Smallwood
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Yes
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Williams A.
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No
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Neville T.
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Yes
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Tate
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Yes
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Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:37 PM
The committee adjourned.