Think developers should build homes right the first time? So do we.
When water damage, leaky roofs, bad foundations, mold, drainage problems, and other defects are the result of shoddy construction, homeowners face serious financial burdens and disruption to their lives. That is why we support good building design, quality workmanship, sound construction practices, and a commitment to quality at all price points from affordable to luxury homes in Colorado. Simply put, developers should be held accountable for the products they sell Coloradans.
For years we have seen efforts to roll back protections on homeowner rights but finally there is a bill to HELP homeowners. House bill 1230 has been introduced by Representatives Parenti & Bacon
As introduced, the bill will:
Extend the statute of repose to 10 years (national average) from Colorado’s inadequate six years
Start the statute of limitations from the time a homeowner identifies the underlying cause of a problem instead of superficial symptoms, as under current law
Makes it a violation of the Consumer Protection Act for builders to include illegal terms in HOA declarations and purchase agreements that require a homeowner to waive their legal rights. This provision strengthens the existing law making these terms illegal with stronger enforcement.protection law
Prevent community declarations from taking away rights from other parts of Colorado law
Allow homeowners to receive interest on needed repairs consistent with other areas of state law
While we’re working to protect and strengthen homeowner rights builders & developers have introduced bills to roll back our rights even further. We need your help to STOP these bills.
This bill makes it even harder on homeowners because it:
Gives the builder who produced the poorly constructed home an absolute right to force unwanted repairs – even band-aid fixes that would just cover up the real problem – and would prevent homeowners from pursuing a claim on the underlying defect after such a repair.
Requires that claims dealing with life, health and safety problems be “imminent” – so faulty fire systems wouldn’t be a problem unless there was an active fire spreading in the building.
Prevents homeowners from joining together for legal action; they would have to file claims individually, which is much more expensive and difficult.
Burdens HOAs with an impossibly high voting threshold for legal action, increasing it from one-half of homeowners to two-thirds, essentially requiring a door-to-door canvassing campaign to protect your rights
Recent News Coverage
New Economic Study shows no data supporting builders bogus claims
Builders often claim that construction defect liablity is to blame for a lack of construction— especially for condos but a new study from Pacey Nehls Economic Consulting was just released and shows that there is no data supporting the claim that construction defect litigation is the reason for a lack of for-sale affordable housing in Colorado.
The report explores the decline in construction of for-sale condominiums, finding that this is a nationwide phenomenon. Further, since the economists find that Colorado’s defect laws are among the most builder-friendly in the country and condo development has also decreased similarly in more homeowner-friendly states, the root cause of the decline cannot be construction defect laws.
Other findings include:
Colorado’s construction companies’ own publicly available financial statements show they are enjoying record profits and low construction defect costs and state that construction defect litigation has no material effect on their profits, operations, or cash flow
A significant boom in large-scale real estate investing has resulted in everyday Coloradans being cut out of ownership opportunity
The lack of availability of new multifamily for-sale structures drives up the price of existing units, benefitting builders, developers, and investors of apartment rentals since individuals are “stuck” renting
Public policy solutions to stimulate affordable condo development could include requiring builders/developers to commit a portion of their projects to for-sale units or pay cash in lieu which can be used to purchase and convert apartments to for-sale condos; changing policies on subsidies, taxes and zoning; and exploring insurance regulation.
Read Our Stories
We can’t hesitate to stand up for our homeowners and communities. Deep pocketed developers are plotting to change the state’s construction defects laws. Why? So we can’t hold them responsible for their shoddy products –products they sell as forever homes to hardworking Coloradan families.
We are real Coloradans with real stories – and we deserve to be heard. Help us make everyday Coloradans be heard at the capital.
