With regard to a unit owner's delinquency in paying unit owners' association (HOA) assessments, fines, or fees, section 1 of the act: Requires an HOA to first contact the unit owner regarding the delinquency by, in addition to sending a notice of delinquency to the unit owner by certified mail and by posting a copy of the notice on the unit owner's property, contacting the unit owner by at least one other method of communication, including first-class mail, an e-mail, or a text message. The HOA must keep records of its contacts to the unit owner regarding the delinquency. The unit owner may identify a language other than English in which the unit owner wants the HOA to send all correspondence and notices to the unit owner. The unit owner may also identify another person to serve as a designated contact for the unit owner. Prohibits an HOA, or a property management company acting on behalf of an HOA, from referring the delinquent account to a collection agency or attorney unless a majority of the HOA's board of directors vote to refer the matter on the record at a hearing; Prohibits an HOA from imposing daily late fees or fines and requires the HOA to provide a unit owner a period to cure a violation of any HOA governing documents before the HOA may fine the unit owner and, with respect to a violation that is not a threat to public safety or health, to provide the unit owner 2 30-day periods to cure the violation before the HOA may take legal action against the unit owner, which legal action for unpaid fines cannot include foreclosure. A violation that the HOA reasonably determines is a threat to public safety or health requires only a 72-hour period to cure before the HOA may fine the unit owner. Along with section 3, prohibits an HOA from charging a rate of interest on unpaid assessments, fees, or fines in an amount greater than 8% per year; Requires an HOA, on a monthly basis, to send each unit owner with an outstanding balance owed to the HOA an itemized list of all assessments, fines, fees, and charges owed; Prohibits an HOA from assessing a fee or other charge for providing the unit owner a statement of the total amount that the unit owner owes the HOA; Requires an HOA to adopt a policy to provide, with a notice of delinquency, information regarding an alleged violation, a description of the steps that the HOA must take before it can take legal action against the unit owner, and a description of the types of legal action that the HOA may take against the unit owner; Before an HOA may initiate a foreclosure action against a unit owner, requires that the HOA offer the unit owner a repayment plan to pay the debt in monthly installments in an amount determined by the unit owner so long as installments are in amounts of $25 or greater, and the unit owner either declines the offer or, after accepting the offer, fails to make at least 3 monthly payments within 15 days after the installments were due; and Along with section 6, authorizes a party seeking to enforce rights or responsibilities arising under an HOA's governing documents, in relation to the unit owner's delinquency, to file a claim in small claims court if the amount at issue does not exceed $7,500 exclusive of interest and costs. Section 2 authorizes the executive board of an HOA to conduct a disciplinary hearing or determine whether to refer a delinquency matter in executive session, but the unit owner who is the subject of the disciplinary hearing or referral of a delinquency matter may request and receive the results of the vote taken on the matter. Section 4 provides that fees, charges, late fees, and attorney fees may be subject to a statutory lien but are not subject to foreclosure and places limitations on attorney fees. Section 4 also prohibits a member of an HOA's executive board, an employee of a community association management company representing the HOA, an employee of a law firm representing the HOA, or an immediate family member of an executive board member, a community association management employee, or a law firm employee from purchasing a unit on which the HOA has foreclosed its assessment lien. Section 5 requires an HOA to apply a unit owner's payments first to any unpaid assessments and then to any unpaid fines, fees, or charges. Section 5 also allows a unit owner to file a civil action against an HOA if the HOA violates any foreclosure laws. The unit owner may seek damages in an amount up to $25,000 plus costs and reasonable attorney fees. (Note: This summary applies to this bill as enacted.)
Sponsored bills
The act creates 2 state grant programs: The local investments in transformational affordable housing grant program (affordable housing grant program), administered by the division of housing (DOH) in the department of local affairs (department); and The infrastructure and strong communities grant program (strong communities grant program), administered by the division of local government (DLG) in the department. The affordable housing grant program provides grants to local governments and nonprofit organizations to enable such entities to make investments in their communities or regions of the state in transformational affordable housing and housing related matters. The strong communities grant program provides grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing. The strong communities grant program requires a multi-agency group, comprised of DLG, the state energy office, and the department of transportation, with the assistance of stakeholders, to develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award. The act requires both DOH and DLG to develop policies, procedures, and guidelines governing the administration of the respective grant programs. The act specifies how grant funding is to be prioritized and eligible uses of grant money awarded under the grant programs. The act creates 2 funds in the state treasury: The local investments in transformational affordable housing fund and the infrastructure and strong communities grant program fund. The act specifies requirements pertaining to the administration of these funds. The affordable housing grant program is initially funded by a transfer to the local investments in transformational affordable housing fund of $138 million of money from the affordable housing and home ownership cash fund that originated from the federal coronavirus state fiscal recovery fund. The strong communities grant program is initially funded by a transfer to the infrastructure and strong communities grant program fund of $40 million of money from the affordable housing and home ownership cash fund that originated from the federal coronavirus state fiscal recovery fund. Both grant programs are subject to reporting requirements specified in the act, and both grant programs are repealed, effective December 31, 2026. For the 2022-23 state fiscal year, $431,985 is appropriated from various sources to the governor's office to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires mandatory reserve studies for common interest communities that have major shared components, including common elements or property that the unit owners' association (association) is responsible for maintaining, repairing, or replacing. The act: Specifies the level of reserve study required and the necessary components of the reserve study at each level; Requires a declarant to obtain reserve studies commencing with the development of the common interest community and to provide reserve studies to potential purchasers of units in the common interest community in the seller's disclosures; and Requires the declarant to provide a reserve study at the time the declarant turns the common interest community property over to the association, along with reserve funds recommended by the reserve study. The act defines "emergent life circumstances" and authorizes an association's executive board to obtain additional funding from unit owners to address dangerous conditions if the reserve funds are not sufficient to address the conditions. The act limits the investment of reserve funds in financial instruments that are not insured by a federal agency. The act clarifies that certain reserve study requirements in the act apply to preexisting common interest communities with respect to events and circumstances occurring on or after July 1, 2024. (Note: This summary applies to this bill as enacted.)
The act creates in the department of higher education (department) the inclusive higher education grant program to provide grants to state institutions of higher education for the purpose of establishing, or expanding existing, inclusive higher education programs for students with intellectual and developmental disabilities. The act requires the department to contract with an organization that has demonstrated success in assisting students with intellectual and developmental disabilities attend institutions of higher education to administer the grant program, perform annual evaluations of the grant recipients, and produce an annual report that is submitted to the education committees of the house of representatives and the senate. The act appropriates $450,000 from the general fund to the department of higher education to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires the statewide care coordination infrastructure to include a cloud-based platform to allow providers that do not utilize an electronic health record to actively participate in the care coordination infrastructure. The act requires the behavioral health administration (BHA) to: Ensure navigators are available through the statewide care coordination infrastructure website and mobile application, as well as in specific regional locations; and Utilize behavioral health administrative service organizations to help individuals and families initiate care and ensure timely access to services. To implement the care coordination infrastructure, the act requires the BHA to train new and existing navigators on behavioral health safety net system services, behavioral health service delivery procedures, and social determinants of health resources; ensure that the care coordination infrastructure can direct individuals where to seek in-person or virtual navigation support; ensure that the administrative burden associated with provider enrollment and credentialing for navigators and care coordination providers is minimal; include a summary of outcomes for individuals who access the infrastructure in the BHA's annual report; and ensure the 988 crisis hotline responds to anyone experiencing a mental health or substance use crisis, documents referrals and transfers of care of persons with one or more community-based service providers, and includes connections to available behavioral health systems and services. Beginning January 2025, and each January thereafter, the act requires the department of health care policy and financing to assess the care coordination services provided by managed care entities and provide a report as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing. The act appropriates $12.2 million from the behavioral and mental health cash fund to the department of human services for use by the behavioral health administration for the care coordination infrastructure. The act only takes effect if House Bill 22-1278, which creates the behavioral health administration, becomes law. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the behavioral health transformational task force concerning youth and family residential care. Specifically, the act: Provides operational support for psychiatric residential treatment facilities and qualified residential treatment programs for youth; Creates in-home and residential respite care in up to 7 regions of the state for children and families; and Provides funds to build and staff a neuro-psych facility at the Colorado mental health institute at Fort Logan. The act makes the following appropriations to the department of human services from the behavioral and mental health cash fund: $11,628,023 is appropriated for respite and residential programs; $7,500,000 is appropriated for use by the behavioral health administration to expand substance use residential treatment beds for adolescents and for crisis response service systems; and $539,926 is appropriated for use by the behavioral health administration and is for building maintenance costs associated with the youth neuro-psych facility at the Colorado mental health institute at Fort Logan. An additional $35,000,000 is appropriated for capital construction costs related to the construction of a youth neuro-psych facility at the Colorado mental health institute at Fort Logan.(Note: This summary applies to this bill as enacted.)
There is a state auxiliary services pilot program that arranges for the provision of auxiliary services for state departments and agencies that employ or serve individuals who are deaf, hard of hearing, and deafblind. The bill requires the Colorado commission for the deaf, hard of hearing, and deafblind (commission) to continue the operations of the state auxiliary services program (program) indefinitely. The commission is required to perform the following functions: Coordinate on a statewide basis the day-to-day scheduling for auxiliary services; Create and manage efficient and consistent processes through which an auxiliary services provider may submit required documentation and receive payment for auxiliary services provided; Create and manage a process for the intake and fulfillment of requests by state departments and agencies for auxiliary services; Resolve any issues that may arise with regard to auxiliary services; Communicate with auxiliary services users, auxiliary services providers, and appointing authorities; and Establish, monitor, and publish a list of CART providers and qualified interpreters. The bill requires the commission to convene an advisory council to make recommendations concerning the provision of auxiliary services. The bill requires the commission to include data on the functions of the program in its annual report to the governor and the general assembly. (Note: This summary applies to this bill as introduced.)
The bill creates in the peace officers standards and training board (P.O.S.T. board) the safe neighborhoods grant program (grant program) to provide grants to local law enforcement agencies to provide critical incident training to the agencies' peace officers. Grant recipients shall submit a report to the P.O.S.T. board of expenses and costs, and evidence of impacts as a result of the grant award. The P.O.S.T. board shall submit a report summarizing the information reported by grant recipients to the judiciary committees of the senate and house of representatives. For the 2022-23 state fiscal year, the general assembly shall appropriate $50 million to the P.O.S.T. board for grants. The P.O.S.T. board may use not more than 3% of the appropriation for costs to administer the grant program. (Note: This summary applies to this bill as introduced.)
Beginning in 2024, the act requires the department of higher education (department) to submit, as a part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, data related to postsecondary outcomes for students with a disability. The department shall gather the data in collaboration with institutions of higher education (institutions). The act creates the postsecondary services advisory committee (committee) in the department for the purpose of making recommendations to institutions and the general assembly concerning necessary services and best practices to improve successful outcomes for students with disabilities at institutions. The committee is required to complete and submit a report to the education committees of the house of representatives and the senate by June 15, 2023, and June 14, 2024. The committee is repealed on June 30, 2024. (Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the strategic action planning group on aging by repealing the planning group. (Note: This summary applies to this bill as enacted.)