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Colorado Senate Bill 05-100

By John Heiser, President, BTPOA

On June 6, 2005, Governor Owens signed SB05-100 into law. This law applies to community associations throughout Colorado. In particular, it will affect the governance and operation of the Bent Tree Property Owners’ Association.

Although most of SB05-100 will take effect January 1, 2006, the following provisions became effective when the governor signed the bill June 6:

·        A provision that grants homeowners broad rights to xeriscape their property;

·        A provision that grants homeowners the right to fly the American flag and display political signs during elections; and

·        A provision that under certain circumstances restricts the BTPOA’s ability to prohibit the parking of emergency vehicles in the community.

Your BTPOA Board of Directors will be revising our policies and procedures to reflect SB05-100. For example, associations are required to adopt seven specific policies and procedures as well as use secret ballots for all board member elections. These changes must be made by January 1, 2006.

You may view and download a copy of the bill at www.nepco.org.  There is also a comprehensive outline of what SB 100 requires and how to comply at www.ortenhindman.com.

SB05-100 is a complex bill. The BTPOA board will be working to ensure our association is in compliance. Please contact me at 488-9031 or j.heiser@ieee.org if you have questions or comments.