What one CAI lawfirm says about SB05-100

April 22, 2005

By Jan Jackson (View author info)
Copyright Colorado Homeowner Association News

Orten & Hindman: "We do one thing, and we do it well... Community Association Law." Those are the words of a CAI-member law firm which has office locations in both Denver and Fort Collins (Colorado).

Jerry Orten has been a active member of Community Associations Institute (CAI) for a long time, as has Thomas Hindman.

There are ten (10) other attorneys in the law firm, all of whom are members of the CAI except one.

Why am I telling/showing you all of this? Because it has to do directly with Colorado Senate Bill 100. Here's where to go to read some of what the law firm says about Senate Bill 100 on their web site. And here is the same Orten & Hindman article (see below) if you want to read it right here on the AHRC (it has links that you should read in order to get the full flavor of where this law firm is coming from).

I believe you all, as HOA/CIC homeowners, will be totally aghast and disgusted when you read all that is available to you on the Orten & Hindman web site.

On a more positive note... Today may have been the first day of the Conference Committee meeting -- chaired by Senator Hagedorn -- on Senate Bill 100. If it was, the Journal of what happened during that meeting may appear online late tonight. At that time, I will post it here on AHRC for everyone to read.

Jan

"SB 100: What Happens Next?

"As expected, SB 100 passed third reading in the Colorado House of Representatives on Friday, April 15, on a vote of 42 - 21. On Tuesday, April 19, 2005, the Colorado Senate laid over the result of their consideration of the House amendments until Wednesday, April 20, 2005.

"Since the version passed by the State Senate is different then the House version, the Senate has three options:
1) to accept the House changes (which we are not advocating);
2) to reject the House changes, killing the bill (we are not presently advocating this action, due to the commitments we have from Representative Carroll. For a discussion on these commitments, see below); or
3) to reject the House changes and call for a conference committee. That committee would be comprised of 6 members of the State Legislature, including 3 Senators, one of which will be Senator Bob Hagedorn, and 3 Representatives, one of which will be Representative Carroll. This is the option we expect will be pursued based on commitments from Representative Carroll reviewed below.

"SB 100, as passed in third reading before the House, has no new changes and includes all prior amendments. One of those prior amendments would reduce association superliens. Another would limit the award of attorney fees to associations and others. As we have stated in our last update,

Representative Carroll has given both Orten & Hindman and the Colorado Legislative Action Committee of CAI a commitment that a conference committee will be called.

Representative Carroll has assured us that the conference committee will address our concerns (presumably to our satisfaction) about the negative impact of the amendment that reduces the superlien and the amendment that limits attorney fees.

Representative Carroll appears to understand our strong opposition to these provisions as well as the fact that Orten & Hindman (and the Legislative Action Committee of CAI) cannot support the bill if they remain as currently written. Click here to read more about the superlien amendment; and click here to read more about the attorney fee amendment.

"We will continue to update you on the status of SB 100 as information becomes available. Please continue to stand by and stay ready to act by contacting your State Senator, as further developments are expected."