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Colorado HOA Bill Based On Common Sense

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Contributed by: Jan Jackson on 2/2/2008

Here's a Colorado homeowners association (HOA) bill that the Community Associations Institute's (CAI) lawyers-lobbyists in Denver, Colorado, do not like. It is an energy efficiency measures bill which was recently Introduced by Representative Andy Kerr.

Why don't CAI lawyers-lobbyists like it? It may be because it diminishes some of their dictatorial power. For example,in theircomments about the bill, they say:

"We are concerned the bill does not strike an adequate balance between environmental concerns and the right of associations to protect the property values of individuals living in the communities by permitting appropriate regulation of aesthetics ... associations should have more control over the types of options homeowners are permitted to install outside of their homes ...".

As all informed HOA homeowners know, the word "aesthetics" simply covers everything that the CAI wants to control (be dictatorial about) in HOAs.

The bill, with one small exception, appears to be a good bill for HOA homeowners in Colorado. It gives HOA homeowners the legal right to make individual and independent-from-the-HOA decisions about installing solar and other energy conserving devices in and on their HOA homes and private property.

The only part of the bill that might present a serious problem to HOA homeowners is towards the end of the bill. It says that

"THE ASSOCIATION MAY ADOPT A POLICY GOVERNING THE INSTALLATION OF ENERGY EFFICIENCY MEASURES ON COMMON PROPERTY FOR THE BENEFIT OF UNIT OWNERS AND REQUIRING UNIT OWNERS TO PARTICIPATE IN THE COMMONLY OWNED SYSTEM RATHER THAN INSTALL INDIVIDUAL SYSTEMS OF THE SAME KIND ... ."

That sentence, in my opinion, continues to support the dictatorial and quasi-fascist powers of an HOA board of directors against its homeowners. Therefore, my suggestion would be to delete it from the bill.

Here's what the CAI says about the bill:

http://www.hoalegislate.com/archives/legislative-miscellaneous-energy-efficiency-measures-bill-introduced-by-representative-kerr.html

HOA Legi-Slate

Energy Efficiency Measures Bill Introduced by Representative Kerr

Feb. 1, 2008

Posted By Loura K. Sanchez [CAI]

On January 31, 2008, Representative Andy Kerr introduced in the Colorado General Assembly House Bill 08-1270 to address the installation of energy efficiency measures in homeowners associations. The legislation expands the existing statute relating to the installation of solar energy devices in common interest communities to "energy efficiency measures" which is very broadly defined.

We are concerned the bill does not strike an adequate balance between environmental concerns and the right of associations to protect the property values of individuals living in the communities by permitting appropriate regulation of aesthetics. With the ever-increasing number of energy conservation options available to homeowners to decrease their consumption of fossil fuels, associations should have more control over the types of options homeowners are permitted to install outside of their homes. One of the primary reasons individuals purchase their homes in community associations is to avail themselves of the aesthetic value associations provide. It is possible to conserve energy, protect the environment and protect the aesthetic appeal of homeowners associations. Unfortunately, this bill has not struck that balance and we are hopeful Representative Kerr will be open to amending his legislation.

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