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Subject: Colorado SB 05-100
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11/14/2005 2:10 PM  
Senate Bill 05-100, was signed into law on 6/6/05 in Colorado. It significantly changes the operations and governance of HOA’s, requires that more information be provided to homeowners, and provides a means for members to have more input into decisions.

Following is a four phase program I am using to inform homeowners and solicit their input and support.

Phase 1 – Introduction
A seminar on SB-100 was held at the City of Lone Tree Civic Center on 6/30/05. Tom Hindman of Orten & Hindman was invited and presented. O&H placed a notice of the meeting on their web site. Also I placed a notice in the local newspaper and e-mailed the members of the HOA’s managed.

Phase 2 – Notification
A letter was e-mailed to homeowners with: (a) where to obtain a copy of SB-100; (b) soliciting homeowner’s input prior to their Board finalizing Rules and Regulations to comply with SB-100 and; (c) an Official Notification Request Form* to complete and return. This form provides homeowners a choice of receiving official HOA notifications by first class mail or by e-mail and whether or not e-mail notification of Board meeting is desired.

Phase 3 – New Rules and Regulations
After the Board approves the Rules and Regulations, a letter to all homeowners, either by authorized e-mail or by first class mail, will be sent. This includes nine Rules and Regulations to comply with the required seven policies and procedures in SB-100 plus two other key aspects - Home Sales and Architectural.

Phase 4 – New Bylaws
Due to the numerous changes required by SB-100 plus other needed updates to the Bylaws, proposed Bylaws were drafted which would amend the Bylaws in their entirety. A letter will be sent to all homeowners, either by e-mailed or first class mail with the proposed amendments to the Bylaws. Owners will be advised that the proposed amendments will incorporate aspects of SB-100 and delete obsolete items such as references to the Declarant (developer). Questions and comments will be solicited. Two documents will be provided: the first will depict the current Bylaws with deletions highlighted; and the second will depict the proposed new Bylaws with the additions highlighted. Notification will be given that the proposed new Bylaws will be on the agenda for discussion and vote at the Annual meeting in January.

* This form can be used when the Declarations does not disqualify official notification by e-mail. I think statements such as “written notification” or “by mail” can be interpreted to allow use of e-mail for official notifications; and it is prudent to get the written consent of the homeowner first. ”Sent by first class mail” would not qualify for e-mail notification and would require an amendment to the Declaration prior to implementing this procedure.

Disclaimer: I am not an attorney; this information is not to be construed as legal advice.
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