Title
An ordinance modifying Section 303 (Final Plat Requirements) of Part 3 (Final Platting Procedures) of Article 7 (Subdivision Regulations) of Chapter 7 (Planning, Development and Building) of the Code of the City of Colorado Springs 2001, as amended, pertaining to the reference to declarations of common interest communities
Body
From:
Council President Pro Tem Jill Gaebler
Summary:
This ordinance, which relates to plat notations, as well as the associated ordinance relating to construction defects, are designed to encourage condominium and townhome construction within the City of Colorado Springs by encouraging arbitration and mediation of disputes related to construction defect claims. The ordinances are similar in many respects to laws considered in other Colorado municipalities in 2015.
The proposed ordinances apply only to construction defect claims in common interest communities (generally condominiums and townhomes with "unit" ownership) filed by a homeowners association (hereinafter "HOA"). The ordinances do not affect homeowner rights for typical single family, detached homes.
The ordinances address the following: enhanced HOA notice and informed homeowner consent to file HOA claims, (2) builder rights to repair construction defects and/or offer cash settlements for construction defect claims, (3) limitation of the applicability of local building code standards to support clams for minor or immaterial construction defects, and (4) enhanced notice of arbitration provisions in condominium declarations that apply to construction defect claims.
Previous Council Action:
N/A
Background:
In 2015, the Colorado state legislature had broad, bi-partisan support for reform of construction defects laws that apply to common interest communities (generally condominiums and townhomes with "unit" ownership), but these measures did not receive a full vote. SB 15-177 proposed changes to CRS 13-33-101, et seq. (the Colorado ...
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