Section 12-10-801 - HOA information and resource center - creation - duties - rules - subject to review - repeal(1) There is hereby created, within the division, the HOA information and resource center, the head of which shall be the HOA information officer. The HOA information officer shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution.(2) The HOA information officer shall be familiar with the "Colorado Common Interest Ownership Act", article 33.3 of title 38, also referred to in this section as the "act". No person who is or, within the immediately preceding ten years, has been licensed by or registered with the division or who owns stocks, bonds, or any pecuniary interest in a corporation subject in whole or in part to regulation by the division shall be appointed as HOA information officer. In addition, in conducting the search for an appointee, the executive director shall place a high premium on candidates who are balanced, independent, unbiased, and without any current financial ties to an HOA board or board member or to any person or entity that provides HOA management services. After being appointed, the HOA information officer shall refrain from engaging in any conduct or relationship that would create a conflict of interest or the appearance of a conflict of interest.(3)(a) The HOA information officer shall act as a clearing house for information concerning the basic rights and duties of unit owners, declarants, and unit owners' associations under the act by:(I) Compiling a database about registered associations, including the name; address; e-mail address, if any; website, if any; and telephone number of each;(II) Coordinating and assisting in the preparation of educational and reference materials, including materials to assist unit owners, executive boards, board members, and association managers in understanding their rights and responsibilities with respect to:(B) Proper use of executive sessions;(C) Removal of executive board members;(D) Unit owners' right to speak at meetings of the executive board;(E) Unit owners' obligation to pay assessments and the association's rights and responsibilities in pursuing collection of past-due amounts; and(F) Other educational or reference materials that the HOA information officer deems necessary or appropriate;(III) Monitoring changes in federal and state laws relating to common interest communities and providing information about the changes on the division's website; and(IV) Providing information, including a "frequently asked questions" resource, on the division's website.(a.5)(I) The HOA information officer shall identify, to the extent practicable, cooperatives and planned communities that: (A) Prior to the effective date of this subsection (3)(a.5), were subject to the entirety of article 33.3 of title 38; and(B) On and after the effective date of this subsection (3)(a.5), are subject only to sections 38-33.3-105 to 38-33.3-107, as described in section 38-33.3-116.(II) On or after the effective date of this subsection (3)(a.5), but no later than November 1, 2024, the HOA information officer shall notify each cooperative and planned community identified pursuant to subsection (3)(a.5)(I) of this section that: (A) As a result of the enactment of Senate Bill 24-021, enacted in 2024, the cooperative and planned community is subject only to sections 38-33.3-105 to 38-33.3-107, as described in section 38-33.3-116; and(B) Pursuant to section 38-33.3-116 (4), the cooperative and planned community may elect to be subject to the entirety of article 33.3 of title 38, and that a cooperative or planned community that so elects is required to adopt an amendment to its declaration in accordance with section 38-33.3-217 evidencing the cooperative or planned community's election to be subject to the entirety of article 33.3 of title 38.(III) This subsection (3)(a.5) is repealed, effective July 1, 2025.(b) The HOA information officer may:(I) Employ one or more assistants as may be necessary to carry out his or her duties; and(II) Request certain records from associations as necessary to carry out the HOA information officer's duties as set forth in this section.(c) The HOA information officer shall track inquiries and complaints and report annually to the director regarding the number and types of inquiries and complaints received.(4) The operating expenses of the HOA information and resource center shall be paid from the division of real estate cash fund, created in section 12-10-215, subject to annual appropriation.(5) The director may adopt rules as necessary to implement this section and section 38-33.3-401. This subsection (5) shall not be construed to confer additional rule-making authority upon the director for any other purpose.(6) This section is repealed, effective September 1, 2025. Before the repeal, the HOA information and resource center and the HOA information officer's powers and duties under this section are scheduled for review in accordance with section 24-34-104.Amended by 2024 Ch. 53,§ 2, eff. 8/7/2024.Amended by 2020 Ch. 188, § 2, eff. 6/30/2020.Renumbered from C.R.S. § 12-61-406.5 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Amended by 2017 Ch. 282, § 11, eff. 6/30/2017.Amended by 2013 Ch. 198, § 1, eff. 8/7/2013.L. 2010: Entire section added, (HB 10 -1278), ch. 365, p. 1722, § 4, effective 1/1/2011. L. 2013: (3) amended, (HB 13-1134), ch. 198, p. 804, § 1, effective August 7. L. 2017: (4) amended, (SB 17-215), ch. 282, p. 1538, § 11, effective June 30.This section is similar to former § 12-61-406.5 as it existed prior to 2019.
2024 Ch. 53, was passed without a safety clause. See Colo. Const. art. V, § 1(3).