Hearn & Fleener Makes History x 2

Posted on July 22, 2019 by Marc Amey
  1. CCIOA’s Protections Expanded to Single Family Homes Communities

CCIOA has always given homeowner associations the right to assert construction defect claims on their own behalf, and on behalf of their members.  However,  Hearn & Fleener is the first firm in Colorado to expand this right to single family home common interest communities.   This represents a significant victory for Colorado homeowners and, as noted in a recent publication of Colorado Builder Magazine, powerful pro-builder groups have taken notice: (http://www.bluetoad.com/publication/?i=481641#{%22issue_id%22:481641,%22page%22:24})


  1. Limitation of Builder Protections Under House Bill 1279

Last year, the same pro-builder groups expressing concern over Hearn & Fleener’s single-family community ruling, pushed through House Bill 1279.  That Bill (now contained in CCIOA) forces homeowner association to conduct a meeting with the builder, and then conduct a homeowner vote, prior to asserting a claim. The troubling part of the statute is the requirement that certain language (which was drafted by builder lobbyists) be given to the homeowners prior to the vote.  Much of that language is misleading and aimed to obtain as many “no” votes as possible.   In another victory for Colorado homeowners and community associations, Hearn & Fleener is the only firm to successfully argue that the requirements of House Bill 1279 do not apply.