Title
Ordinance No. 15-93 creating a new Article 14 (Construction Defect Claims in Common Interest Communities) of Chapter 6 (Neighborhood Vitality/Community Health) of the Code of the City of Colorado Springs 2001, as amended, pertaining to required homeowner consent for construction defect claims related to common interest communities, builder rights to repair construction defects in common interest communities, and the effect of the City Building Code in construction defect claims related to common interest communities.
Body
From:
Council President Pro Tem Jill Gaebler
Summary:
This ordinance, which relates to construction defect claims, as well as the associated ordinance relating to plat notes, 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 ...
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