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House Bill 22-1137, Takes Effect August 9, 2022

Governor Polis has signed into Law House Bill 22-1137, which takes effect August 9, 2022. The HOA Legal staff has gone through HB 22-1137 and has made changes to our Buffalo Creek HOA Policies to keep us compliant with State Law. We do not have flexibility to change this. Although we have already adopted most of the items and are compliant, there are several changes which will affect our Violation Notice and Collection Policy. Please read these and become familiar with the changes.

Affected Policies:

Policy for Enforcement of Covenants and Rules

Policy for the Collection of Unpaid Assessments

Policy for Conducting Meetings

Here's a quick, partial summary of changes:

  • Violations will now be required to be sent by Certified mail.

  • The homeowner will now have 30 days to correct, but if they fail to do so, the fine would be $100.00, and a fine letter issued.

  • If the violation is still not corrected after 10 days of the date of the fine letter, then the Board shall fine the owner $250.00.

  • The association will then fine the homeowner $50.00 ever other day up to a total of $500.00.

  • If after 60 days the homeowner is not compliant, the Association may commence necessary legal proceedings.

  • If the homeowner commits a repeat violation within the same year, it will be considered a repeat violation and is considered a continuation of the original violation.

  • The owner committing a repeat violation is not entitled to the same Hearing Procedures.

  • If the repeat violation has not been corrected within the time period specified in the Notice for Correction of the Violation, then the fines may be up to double the amounts assessed in the original violation but cannot exceed $500.00.

Violations affecting Health and Welfare

  • The Board will make a faster process on Violations which affect public health and welfare than are required for regular Violations.

  • The timelines are different, however, we've only had a couple of these over the past decade and those were turned over to the County Health Department.

The Board, at our regular Board Meeting, Thursday night, August 11th at the Leeper Center, will go into an Executive Session to discuss and get guidance from the legal staff. Upon exiting the Executive Session, the Agenda will have the Ratification of the Govenor's proposed changes to our Policies, (above).

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