February 07, 2017 01:37 PM UTC

The Anti-Homeowner Bill That Won’t Go Away

• 7 Comments
• by: Build Our Homes Right

(Promoted by Colorado Pols)

Like the old Yankees coach Yogi Berra used to say, “It’s deja vu all over again!”

Just when Colorado homeowners thought that there was progress on finding ways to encourage affordable housing construction, wealthy developers are dishing up the same old measures to strip legal rights away from new home buyers so they can protect their profits.

Only two weeks after the bipartisan team of House Speaker Crisanta Duran (D) and Senate President Kevin Grantham (R) co-sponsored an insurance reform bill to lower construction insurance rates — identified by developers as THE barrier to building affordable condos — SB 156 was introduced.

SB 156 will harm those of us unlucky enough to have purchased a defective home, pure and simple. If you buy your dream home that turns into a nightmare of leaking walls or crumbling foundations, the bill ban homeowners from amending HOA governing “declarations” — this would allow developers to rig the system against you! The bill would:

Seize Your Legal Rights: Would strip your basic legal right to a jury trial by writing unfair declarations that dictate whether and how homeowners can fix construction defects and interfering in how homeowners want to make decisions that impact their homes and property.

Mandate Your Participation in Unfair Arbitration: Would force you and your neighbors into arbitration which is typically rigged for developers and against homeowners through terms like:

• Requirements to obtain the developer’s own consent in order to bring a lawsuit.
• Arbitration firm choice is made solely by developers, who often have close relationships with the firm/s.
• Arbitration process may take place where the developer wants, including out-of-state.
• Limits on the amount of restitution homeowners may seek, even if it doesn’t cover the cost of repairs.

Shift Expensive Costs to You and Your Neighbors: SB 156 would steer homeowners away from the judicial system which they support with taxes, making them pay for the high costs of a private arbitration process. Even if homeowners appeal an unfair decision, they will be on the hook to pay for another round of expensive, private arbitration. Plus, expanding developers’ right to appeal makes the process even more expensive and time-consuming.

Interfere in Homeowner Decision-Making: SB 156 would allow developers to dictate all the rules, like:

• Prevent homeowners from empowering their elected HOA board to act on their behalf.
• Require a 100% homeowner vote, even when developers retain one or more units — or a written vote, even if homeowners are military personnel stationed overseas, those working two jobs or non-English speakers.

New home buyers should expect that their homes are well-built and safe. But sadly, some homes are simply NOT built right with dangerous problems like rotting framing and structures that are not wind-resistant. We can’t let bad developers shirk responsibility when they sell a defective home– especially on the most expensive product most Coloradans ever purchase.

Help us defend Colorado’s new home buyers — click here to add your voice to let your elected officials know you expect them to protect our rights, not big developers.

SB 156 will harm those of us unlucky enough to have purchased a defective home, pure and simple.