Colorado House Democrats

Kids, Animals Gather at Capitol to Protect Property Rights

Cowboy Wes Promises to Continue Fighting for Rural Rights

DENVER- Parents and 4-H/FFA children -- the Colorado Coalition Opposing Mandatory 4-H and FFA Premises Registration gathered at the Capitol today.  They were joined by two pygmy goats.

Those in attendance traveled to Denver from all corners of the state to express their efforts to change the State Fair Board of Commissioners' questionable "premises registration" rulemaking regarding 4-H and FFA livestock project animals at the 2008 Colorado State Fair.  They were hosted by State Representative Wes McKinley (D-Walsh).

At the heart of this controversy is the issue of property rights and people in rural communities.  With the premise ID, livestock owners are required to register their animals with a premise ID each time the animal is moved.  For the children and families that participate in the state fair, this can be a burden as animals are often stored at an alternate site.

“While most of us realize that these rules were created to promote the health and safety of the animals, it is an ineffective system that does not accommodate the lives of people in rural communities,” Rep. McKinley said.  He continued, “This is a classic case of the federal government forcing policies down states’ throats. We must protect states’ rights.”

House Protects Tenants

Colorado lawmakers work to end dubious honor of being one of two states without tenant rights

DENVER – Vermin, mold, collapsing roofs – these are just a few of the harrowing conditions tenants have coped with for years without possessing any protections from the landlords that let their properties deteriorate.   But relief from negligent landlords is on its way for tenants of Colorado rental units.

“I respect tenants in this state tremendously because they’ve tolerated so much for so long,” said State Representative Michael Merrifield (D-Colorado Springs), the bill’s prime sponsor.  “But after 20 tries over 40 years, we’re finally moving Colorado out of the Dark Ages.  We’re finally securing basic protections for tenants.” 

House Bill 1356, which passed the House on a voice vote today, would grant legal rights to Colorado renters who live in unsafe and uninhabitable conditions.  In some instances, the landlords at these properties have ignored tenant requests for repairs over many years.   

Advocates have tried for twenty years to pass some version of a “warranty of habitability” law.  Right now, Colorado has the dubious honor of being one of only two states not to have basic protections for renters.

“The irony is this landmark legislation is so simple: it merely ensures that people have four walls, a roof and basic utilities,” Merrifield said. “The bill does not affect good, responsible landlords.”

Rep. Merrifield also pointed out that the protections contained in the bill are similar to those that animals have under Colorado law. 

The bill, which is also being sponsored by State Senator Ron Tupa (D-Boulder), awaits final passage in the House later this week.

-- Posted by staff

House Cuts Scofflaws Out of Successful Conservation Easement Tax Credit Program

DENVER — Vowing to “make a great program better,” House Majority Leader Alice Madden ushered a bill through the House on an initial voice vote today that would add an extra layer of accountability for state conservation easement tax credits. 

The measure, House Bill 1353, builds upon changes enacted last year which increased the standards, transparency and accountability for the tax credits.  The bill also gives the Department of Revenue the authority to review tax credits being audited by the IRS, providing the state with a tool to recover monies obtained through inflated appraisals.  It will also help free those seeking the tax credit legitimately who have been caught up in the IRS’s overly broad net.

Conservation easements apply to parcels of property sold or donated by private landowners to nonprofits or government agencies. To qualify, the landowners must guarantee that the parcel will not be developed further than it already has been.  Property owners may continue using their land as it has been used.

“Unfortunately, a few bad apples have abused this program,” Rep. Madden said.  “It’s a shame, because the program has helped us protect places across the state that might otherwise be lost forever to development.”

Rep. Madden was referring to a handful of landowners who defrauded taxpayers through inflated appraisals and chopping up parcels.  HB 1353 would create robust mechanisms to eliminate abuse of the program, including an oversight commission and certification process to ensure the legitimacy of conservation easements.  To date, the program has already led to the conservation of 1.5 million acres.

“This program is successful because it allows Coloradans keep farms and ranches which in many cases have been in their families for generations. It also saves our open spaces so our kids and grandkids can enjoy Colorado’s farms, ranchland, wildlife habitat, and extraordinary landscapes as much as we do today.”

The bill awaits final approval by the House before going to the Senate.

-- Posted by staff

Rep. Carroll’s HOA Bill Sails Through House

(DENVER) State Representative Morgan Carroll (D-Aurora) ushered her HOA bill through the House of Representatives Friday morning with a vote of 61-1.  The bill is designed to strengthen enforcement of homeowners’ rights.

More than 60 million Americans live in 300,000 association-governed properties nationwide, according to the Community Associations Institute. There are 1.5 million Coloradans living in HOAs.

"The United States of America was founded in strong part on the importance of property rights.  Given the modern reality of HOAs in home and property ownership we need to ensure that we continue to guarantee basic property rights," said Rep. Morgan Carroll.  “In many cases HOAs are aligned with homeowners in protecting these rights, but occasionally they are not.

“Many people are satisfied with their HOA, but when a dispute arises it can be toxic, time-consuming and expensive for all involved.  In 2005, dozens of important new rights for homeowners were added to help level the playing field.  However, enforcement of the rights under the Homeowners Bill of Rights is done by a 'private cause of action', which can be take a long time and cost a lot."

HB 08-1135 does three things:
1.    Facilitates affordable, trained mediation for faster, cheaper dispute resolution, if both parties desire it (NOT mandatory);
2.    Requires due process by impartial fact-finder before fees and fines can be assessed against a homeowner (which can lead to liens, foreclosures);
3.    Requires reasonable accommodation to units by HOA for persons with disabilities matching the Federal Fair Housing Act.

FACTS:
1.    HOAs can place a lien on a homeowners property for unpaid fees, or set fines even if there is a legitimate dispute about the underlying fee.
2.    Homeowners can NOT withhold HOA dues even if they think the HOA is not performing its obligations.
3.    HOAs can initiate foreclosures in Colorado, even if a homeowner is 100% current with their mortgage.
4.    There is no minimum threshold amount owed before foreclosure can be initiated.

-- Posted by staff