BBBDBBE1DE08692A8725873C005755C0 Hearing Summary

Amendments to Uniform Common Interest Ownership Act (CIOA). Joseph Libinski CBA Real Estate Section and on behalf of the CBA CIOA Task Force, commenting only on the draft version as the final version was not yet available. There is a lot of good thought and room for policy discussions in this amendment. Rather than being a uniform act in Colorado, it may be better suited as a template for continuing CIOA discussions. Colorado has made CIOA its own over the years and it has deviated from the uniform act over the years. Colorado's version does not follow uniform language, making it challenging to integrate uniform language back into it. Portions from this act that should be considered for Colorado include pre-existing community treatment and dealing with the use of emergency powers of condominium and HOA boards, which the draft version language predates the Florida incident and may need additional amending, and the policy questions arising out of that situation. The section has a CIOA task force because changes to CIOA have been a hot topic in recent legislation. Knowing that these conversations are expected to continue and stakeholders are already at the table lend credence to the idea that, in Colorado, the various provisions of this amendment might be better served as talking points in CIOA discussions instead of uniform law. Commissioners observed that there are provisions in the uniform act worthy of adoption in Colorado and noted that amendments made at the annual meeting improved the emergency powers portion.

       Robin Nolan, CBA Real Estate Section, supported Mr. Lipinski's testimony and looks forward to evaluating the final version to see where its new provisions can be put into place in Colorado law.

      Commission consensus was to keep the act on the agenda for additional input from the CBA and other interested parties on the final version of the act.