Colorado Legislative Action Committee (CLAC)

Minutes January 24, 2014 5th Floor Conference Room, 1580 Logan Street, Denver
Call to order 1:40 PM Chair Molly Foley-Healy Attendance Members/Delegates

Booth, David Cowell, Jim Ford, David Foley-Healy, Molly Flippen, Jim

Goff, Pam Helm, Brandon Leff, Suzanne Lukasik, Walt Otto, Chad

Pacetti, Chris Sim, Jim Tobey, Gary Wolfe, Dee Witt, Jesse

Guests Aponte, Ruth Aponte & Busam Public Affairs Redfern, Amy Aponte & Busam Public Affairs

Delegates were asked to disclose any conflicts of interest. Jesse Witt disclosed a potential conflict based on representation of the Countryside Community Association. He also wanted to advise CLAC that the homebuilders (HBA) have filed an amicus brief in support of Pultes petition for certiorari in the Countryside matter, which concerned collection of HOA assessments under section 307 of CCIOA. He agreed to circulate the opinion to other members, and he suggested that CLAC monitor the case because his client may request amicus support from CAI in the event that the Supreme Court grants the petition. No formal action is requested until the court rules on the petition. I just received an e-mail from Jeff Kerrane and he also wanted to report a potential conflict of interest. He said I missed the meeting last Friday, but I have a conflict disclosure as well. My firm represented Countryside on a construction defect matter that resolved last year. I do not believe my firm is currently providing any legal services to Countryside. APPROVAL OF MINUTES: Minutes were not ready for review, should be sent out within a week. LEGISLATIVE AND ISSUES UPDATES: Construction Defects: Metro Mayors Caucus public sentiment seems to be turning around as more information comes out. The mayors are still aggressively pushing for builder immunity. Leadership comments at Chamber of Commerce Legislative Update appears that Leadership doesnt really like this bill. Rep. Ulibarri really wants to find some way to legislate Affordable Housing. Transfer Fee Legislation: In a meeting with the Division of Real Estate there seems to be little support of this legislation. In a meeting with Representative Labuda she gave the impression that she was will to negotiate on this bill. More meetings are planned. Discussions on whether or not support or oppose upcoming bills: HB 1125 Publication by Associations of to the telephone numbers and email addresses of members/residents. M/S/P to support this bill.

HB 1143 Residential Storage Condominium Units. M/S/P to watch this bill. HB 1165 Cap on Retainage in Construction Contracts. M/S/P to oppose this bill. Envoys were appointed to monitor this bill. Update on Potential Legislation to Fix Court of Appeals Decision (Triple Crown vs Village Homes opinion) In Progress. Management Companies Classified as Collection Agencies (Waiting for more information from Cici Kessler). Latest update from DORA: Manager Licensure They have scheduled the start of rulemaking to February, more info to follow. Financial Report - It was M/S/P to accept the Financial Report. Next meeting: The next meeting is scheduled for Friday, February 21, 2014, at 1:30 PM. Adjournment: There being no further business to come before the meeting, the meeting was adjourned at 3:35 PM. Respectfully submitted, James Sim, Secretary

CLAC MEMBER/DELEGATE ATTENDANCE RECORDS

Member | Meeting 1.4.13 1.25.13 2.15.13 3.15.13 10.18.13 12.6.13 1.24.14

Booth, David Cavanagh, Candyce Cowell, Jim Flippen, Jim Ford, Dave Foley-Healy, Molly Goff, Pam Graf, David Helm, Brandon Kerrane, Jeff Kutzer, Jeff Leff, Suzanne Lukasik, Walt Otto, Chad Pacetti, Chris Sim, Jim Tobey, Gary Wildrotter, Pat Wolfe, Dee Witt, Jesse

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Attendance Policy: A LAC delegate who has three consecutive unexcused absences (as determined by the LACs officers) from LAC meetings may be removed by a majority vote of the LAC at a meeting where a quorum is present provided the LAC chair notified the delegate and his or her chapter, if applicable, in writing following the delegates second excused abs ence that a third consecutive absence may result in the delegates removal.