Senate Bill 25-184 Revised

A Bill for an Act

• Page 1, Line 101Concerning the continuation of the HOA information and

• Page 1, Line 102resource center, and, in connection therewith,

• Page 1, Line 103implementing the recommendations contained in the

• Page 1, Line 1042024 sunset report by the department of regulatory

• Page 1, Line 105agencies.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Sunset Process - Senate Local Government and Housing Committee. The bill implements the recommendations of the department of regulatory agencies (department) in its sunset review and report on the HOA information and resource center (center). The center is scheduled to repeal on September 1, 2025.

The bill:

• Continues the center until September 1, 2038;
• Clarifies that the director of the division of real estate in the department is the appointing authority for the HOA information officer who is the head of the center; and
• Makes a technical change to refer to the HOA information officer by title, rather than by "he or she", to reflect gender-neutral language in statute.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-34-104, repeal (26)(a)(IX); and add(31)(a)(XIV) as follows:

• Page 2, Line 324-34-104.  General assembly review of regulatory agencies

• Page 2, Line 4and functions for repeal, continuation, or reestablishment - legislative

• Page 2, Line 5declaration - repeal. (26) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:

• Page 2, Line 6(IX)  The HOA information and resource center created in section 12-10-801;

• Page 2, Line 7(31) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2030:

• Page 2, Line 8(XIV)  The HOA information and resource center created in section 12-10-801.

• Page 2, Line 9SECTION 2.  In Colorado Revised Statutes, 12-10-801, amend (1), (2), (3)(b)(I), and (6) as follows:

• Page 2, Line 1012-10-801.  HOA information and resource center - creation -

• Page 2, Line 11duties - rules - subject to review - repeal. (1)  There is hereby created,

• Page 2, Line 12within the division, the HOA information and resource center, the head

• Page 2, Line 13of which shall be is the HOA information officer. The HOA information

• Page 3, Line 1officer shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution director.

• Page 3, Line 2(2)  The HOA information officer shall be familiar with the

• Page 3, Line 3"Colorado Common Interest Ownership Act", article 33.3 of title 38, also

• Page 3, Line 4referred to in this section as the "act". No The director shall not

• Page 3, Line 5appoint as the HOA information officer a person who is or, within

• Page 3, Line 6the immediately preceding ten years, has been licensed by or registered

• Page 3, Line 7with the division or who owns stocks, bonds, or any pecuniary interest in

• Page 3, Line 8a corporation subject in whole or in part to regulation by the division.

• Page 3, Line 9shall be appointed as HOA information officer. In addition, in conducting

• Page 3, Line 10the search for an appointee, the executive director director shall place

• Page 3, Line 11a high premium on candidates who are balanced, independent, unbiased,

• Page 3, Line 12and without any current financial ties to an HOA board or board member

• Page 3, Line 13or to any a person or entity that provides HOA management services.

• Page 3, Line 14After being appointed, the HOA information officer shall refrain from

• Page 3, Line 15engaging in any conduct or relationship relationships that would create a conflict of interest or the appearance of a conflict of interest.

• Page 3, Line 16(3) (b)  The HOA information officer may:

• Page 3, Line 17(I)  Employ one or more assistants as may be necessary to carry out his or her the HOA information officer's duties; and

• Page 3, Line 18(6)  This section is repealed, effective September 1, 2025

• Page 3, Line 19September 1, 2030. Before the repeal, the HOA information and resource

• Page 3, Line 20center and the HOA information officer's powers and duties under this section are scheduled for review in accordance with section 24-34-104.

• Page 3, Line 21SECTION 3.  Safety clause. The general assembly finds,

• Page 3, Line 22determines, and declares that this act is necessary for the immediate

• Page 3, Line 23preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 1the support and maintenance of the departments of the state and state institutions.