Sen. Tony Exum

The bill prohibits a person from advertising a price for a product, good, or service that does not include all mandatory or nondiscretionary fees or charges. A violation of this prohibition is a deceptive trade practice enforceable by the attorney general or a district attorney. The bill exempts: Advertisements for which a person is required to provide disclosures in compliance with certain federal or state laws or regulations or rules promulgated pursuant to those federal or state laws; Advertisements made in connection with the provision of workers' compensation insurance; Advertisements made by a licensed real estate broker; Air carriers; and Certain professions regulated by the motor vehicle dealer board. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill makes changes to the law relating to the foreclosure of a unit owners' association's (HOA) lien on a homeowner's (unit owner's) home (unit) for unpaid HOA assessments. Prior to the HOA turning over a delinquent account to collections or to an attorney for legal action, the bill requires the HOA to send notice to the unit owner that free information about collections and foreclosures may be obtained through the department of regulatory agencies' HOA information and resource center. Further, before foreclosing on an HOA lien, the HOA shall provide notice to the unit owner that credit counseling is available at the unit owner's expense relating to the impact of foreclosure and options to avoid foreclosure. The bill limits a court's award of reasonable attorney fees that an HOA incurs when foreclosing on an HOA lien to $2,500. Further, currently, an executive board member, employee of the HOA's community association management company, and employees of the law firm representing the HOA, and such individuals' immediate family members, are prohibited from purchasing a foreclosed unit. The bill extends the individuals or entities prohibited from purchasing a foreclosed unit to include a community association management company representing the HOA and an individual who was a board member, employee of the HOA's community association management company, or employee of the law firm representing the HOA, or such individuals' immediate family members, during any of the 5-year period preceding the foreclosure sale, as well as a business entity owned by or affiliated with a community association management company or such individuals. The bill establishes a minimum initial bid amount for the HOA's sale at auction of a unit after foreclosure of the HOA's priority lien for assessments. The amount of the HOA's initial bid at auction must be at least the amount necessary to satisfy the HOA lien foreclosed, the liens for unpaid real estate taxes or other government taxes, and the first mortgage secured by the unit, as well as an amount equal to 60% of the unit owner's equity in the unit, as determined in accordance with the bill, unless the percentage of equity included in the bid amount is decreased by agreement of the unit owner and the HOA. The bill authorizes a different minimum bid amount if the unit owner does not have equity in the unit at the time of the foreclosure sale. Further, the HOA is required to include the minimum bid amount and the information necessary to calculate the minimum bid in the lis pendens filed with the county clerk and recorder in the county where the unit is located. For purposes of notice of the sale of a unit at auction, the bill amends the mailing list to include the unit owner's address listed in the county assessor's records for the unit, if that address is different from the property address, as well as the address of the unit owner's property manager employed by the unit owner, if that person is known to the HOA. The bill applies to HOA liens foreclosed on or after October 1, 2024. (Note: This summary applies to this bill as introduced.)

The act prohibits counties, cities and counties, and municipalities from limiting the number of people who may live together in a single dwelling based on familial relationship, while allowing local governments to implement residential occupancy limits based only on: Demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado department of public health and environment wastewater and water quality standards; or Local, state, federal, or political subdivision affordable housing program guidelines. APPROVED by Governor April 15, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)

Current law requires the director of the office of the child's representative and the alternate defense counsel (directors) to be licensed to practice law in Colorado for at least 5 years prior to being appointed as the director of the respective offices and requires the director of the respondent parents' counsel to have 5 years of experience as a licensed attorney prior to being appointed as the director of the respondent parents' counsel. The act removes the requirement that the directors of the office of the child's representative and the alternate defense counsel be licensed to practice law in Colorado prior to their appointment and requires the directors to either be licensed to practice law in Colorado at the time of the appointment or be able to become licensed to practice law in Colorado within 6 months after the appointment. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act adds firefighters to the class of people whose personal information is protected from publication on the internet by public entities upon a the request of a person in the class. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Current law exempts certain small cooperatives and limited-expense planned communities from most of the requirements of the "Colorado Common Interest Ownership Act", which governs the conduct of homeowners' associations (associations). A cooperative or planned community may avail itself of the exemption if: A cooperative was created on or after July 1, 1992, but before July 1, 1998, and either contains only units restricted to nonresidential use or contains no more than 10 units and is not subject to any development rights; A planned community was created on or after July 1, 1992, but before July 1, 1998, and contains no more than 10 units and is not subject to any development rights, or if a planned community provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes may not exceed $400, as adjusted for changes in the consumer price index (CPI); A cooperative or planned community was created on or after July 1, 1998, and contains only units restricted to nonresidential use or contains no more than 20 units and is not subject to any development rights; or A planned community was created after July 1, 1998, and provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes may not exceed $400, as adjusted for changes in the CPI. The act combines these exemptions, with amendments, to state that a cooperative or planned community may avail itself of the exemption if: A cooperative or planned community was created on or after July 1, 1992, and either contains only units restricted to nonresidential use or contains no more than 20 units and is not subject to any development rights; or A planned community provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes must not exceed $400, as adjusted annually since July 1, 1999, for changes in the CPI. A cooperative or planned community that may avail itself of the exemption may elect instead to be subject to the entire "Colorado Common Interest Ownership Act" by adopting an amendment to its declaration evidencing its election. The act requires the HOA information officer in the department of regulatory agencies to provide notice of the act to cooperatives and planned communities that are affected by the act, including notice of the option to opt out of the exemption. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Pursuant to the "Workers' Compensation Act of Colorado", death benefits will be paid to a dependent surviving spouse of a deceased employee for life, regardless of remarriage, rather than until remarriage, if the surviving spouse receives death benefits pursuant to law and the deceased employee was a state employee who worked in a job with a high-risk classification. A job with a "high-risk classification" means certain employees of the Colorado state patrol; certain employees of the Colorado bureau of investigation; certain employees of the department of corrections; firefighters, investigators, and fire marshals employed by the division of fire prevention and control in the department of public safety; wildlife officers and parks and recreation officers employed by the division of wildlife in the department of natural resources; employees of the department of transportation responsible for highway safety and maintenance; and employees of a state institution of higher education who are vested with the powers of a peace officer. APPROVED by Governor April 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Current law states that if there is sufficient evidence to determine that reunification of a child or youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis, the child or youth is eligible for federal classification as a special immigrant juvenile. The act clarifies that abandonment includes, but is not limited to, the death of one or both parents. The act defines the phrase "special immigrant juvenile status findings". APPROVED by Governor March 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Subject to limited exceptions, current law requires that a victim's name and identifying information be deleted from criminal justice records released to the public if the person was a victim of certain sexual offenses. The act permits the release of unredacted records to the named victim, victim's designee, or victim's lawful representative. Subject to limited exceptions, current law requires that a child's name and identifying information be deleted from criminal justice records released to the public if the child was a victim of or witness to a criminal offense. The act permits the release of unredacted records to the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, county attorneys, and a named child victim's lawful representative. This release requirement must be implemented by July 1, 2024. The act clarifies that changes in 2023 to the law related to records of child victims and child witnesses apply to records pertaining to offenses committed on or after January 1, 2024. For records pertaining to earlier offenses, the law in effect prior to January 1, 2024 applies. APPROVED by Governor February 20, 2024 EFFECTIVE February 20, 2024(Note: This summary applies to this bill as enacted.)