Capitol Connection: April 24, 2015
CALL FOR ACTION- Senate Bill 177
SB15-177, HOA Construction Defect Lawsuit Approval Timelines, has been scheduled for a hearing on Monday, April 27th, in the House State, Veterans, and Military Affairs Committee. This committee is known as the “kill” committee. Now is the time to act by responding to our Call for Action! Now is the time to convey to your legislator why it is imperative that we remove this barrier to attainable housing! If you do not act before Monday it may be too late to voice your opinion.
Please click here to urge your Representative to allow SB 177 a fair hearing. In addition, please forward to any of your colleagues, clients, or other contacts that you would like.
HB 1362- Budget Requirement for Pre-1992 HOAs
The Legislative Policy Committee (LPC) voted to SUPPORT HB15-1362, Remove Budget Reporting Exemption HOAs Predate Act, by Representative Jovan Melton (D-Aurora). The bill makes rules concerning the budget of a common interest community (known in the residential context as a homeowners’ association, or HOA) applicable to such communities created before the 1992 enactment of the Colorado Common Interest Ownership Act (CCIOA). Under the bill, an affected HOA executive board must provide notice to unit owners and hold a meeting about the HOA’s proposed budget.
As post-1992 HOAs are required to hold a meeting about the proposed budget, it makes sense that the pre-1992 HOAs should not be exempt from this provision. Especially as these are the dues dollars of the residents of the HOA, it is imporant that the budget process be transparent and open to all members.
SB 269 The Classification of Independent Contractors
The LPC is NEUTRAL on SB15-269, Independent Contractor Unemployment Insurance, by Senator Ellen Roberts (R-Durango). Currently, the Colorado Employment Security Act (unemployment insurance) lists factors to be considered in determining whether an individual is an employee or an independent contractor. The bill establishes a bright-line test to make this determination, including:
- Repealing the test of whether the individual is customarily engaged in an independent trade;
- Setting a numerical standard of 6 factors out of 11 to show an independent contractor relationship;
- Adding a factor of whether the individual has executed a contract that says the individual is an independent contractor;
- Adding a factor of whether the individual is required to perform the services at a place of business;
- Clarifying the relationship between the factors and compliance with state or federal law; and
- Repealing the rebuttable presumption that an independent contractor relationship exists if the parties have executed a contract with certain disclosures
The LPC believes this might be making it more difficult to establish Independent Contractor status, but they are wanting more information on how to go about proving these characteristics and what it would take to ensure the appropriate designation.
Tell Our Legislators Not to Kill Gaylord Rockies
Colorado State Senators have confirmed their intention to introduce special legislation designed specifically to kill the Gaylord Rockies Hotel and Conference Center. The late bill purports to address a so-called “loophole” in the use of urban renewal and tax increment financing on agricultural land for economic development projects but it is drafted solely to insulate a small group of hoteliers from perceived competition. Numerous independent studies have shown that Gaylord Rockies will attract more than 450,000 new tourists to the state each year, creating more than 10,000 construction jobs and more than 2,500 permanent jobs. Since the Gaylord Rockies project has already broken ground many of these jobs have already been created. These are jobs our state needs and the out-of-state tourists staying at the hotel will spend hundreds of millions of dollars in Colorado each year, growing our state’s economy. Please click here to contact your Legislators and let them know the importance of allowing this project to move forward.
RPAC Major Investor Recruitment Dinner
Thank you to everyone who joined us Monday night for our RPAC Major Investor Recruitment Dinner in Colorado Springs. We secured $16,000 of major investments and President’s Circle committments! Thank you especially to our host committee: Michael Labout, NAR RPAC Trustee; Kay Watson, Colorado’s NAR Major Investor Council Representative; Ann Hayes, 2015 Colorado RPAC Co-Chair; Michael Marcus, 2015 Colorado RPAC Co-Chair. We could not have done it without you all!
Racing with RPAC a SUCCESS!
Thank you to Heritage Title Company and the Pikes Peak Association of REALTORS® for sponsoring the CAR YPN RPAC event. It was a great evening with antique cars and racing simulators. Thank you so much to everyone who joined us!
NAR REALTORS® Legislative Meetings and Trade Expo REGISTRATION OPEN
The REALTORS® Legislative Meetings and Trade Expo is taking place May 11-16, 2015 in Washington, D.C. We will be scheduling meetings with the Colorado delegation, and you don’t want to miss out! Register here today.