C.R.S.
Section 12-10-226.5
Metropolitan district homeowners’ rights task force
- creation
- membership
- duties
- reporting
- definition
- repeal
(1)
Intentionally left blank —Ed.(a)
The metropolitan district homeowners’ rights task force is created in the department of regulatory agencies, created in section 24-34-101 (1)(a), to examine issues confronting communities that are governed by the board of a metropolitan district.(b)
Intentionally left blank —Ed.(I)
As used in this section, “metropolitan district” means a special district that is operated in compliance with section 32-1-1004 and created to finance infrastructure to support a housing subdivision.(II)
Definitions set forth in section 12-10-226.3 (1) also apply to the terms as they are used in this section.(2)
Intentionally left blank —Ed.(a)
The metropolitan district homeowners’ rights task force consists of the following:(I)
Ex officio members:(A)
The state director of the division of housing in the department of local affairs appointed pursuant to section 24-32-704 (1) or the director’s designee; and(B)
The director of the division of real estate created in section 12-10-207 (1) or the director’s designee;(II)
Members appointed by the speaker of the house of representatives, in consultation with the chairs of the house of representatives transportation, housing, and local government committee and the senate local government and housing committee:(A)
Two homeowners residing in a metropolitan district in the state, at least one of whom resides in a metropolitan district located in a disproportionately impacted community and at least one of whom serves on the board of the metropolitan district in which the homeowner resides;(B)
An elected city council member, as recommended by a statewide organization that represents municipalities;(C)
An attorney licensed in the state who primarily represents homeowners in legal proceedings against metropolitan districts;(D)
A representative of a nonprofit organization that represents the affordable housing community;(E)
A member of the house of representatives; and(F)
A member of the senate; and(III)
Members appointed by the governor:(A)
An attorney licensed in the state who specializes in metropolitan district law, as recommended by a statewide organization that represents special districts;(B)
An elected county commissioner, as recommended by a statewide organization that represents counties;(C)
A representative of a developer registered pursuant to section 12-10-503 (1) that has one or more subdivisions located within a metropolitan district; and(D)
A representative recommended by a statewide nonprofit organization that represents metropolitan district education in a coalition.(b)
Intentionally left blank —Ed.(I)
Members of the task force shall be designated or appointed to the task force pursuant to subsection (2)(a) of this section on or before November 1, 2023.(II)
Members appointed to the task force serve at the pleasure of the appointing authorities. The appointing authorities may appoint a new member to the task force to replace a member who can no longer serve on the task force.(III)
Intentionally left blank —Ed.(A)
Except as provided in subsection (2)(b)(III)(B) of this section, members of the task force serve without compensation.(B)
Legislative members appointed to the task force pursuant to subsections (2)(a)(II)(E) and (2)(a)(II)(F) of this section are compensated pursuant to section 2-2-307.(IV)
The task force shall meet as early as practicable after all members have been designated or appointed pursuant to subsection (2)(a) of this section. The director of the division of real estate or the director’s designee serving on the task force is the chair of the task force. The chair shall convene as many meetings of the task force as the chair deems necessary.(V)
A metropolitan district shall notify its residents about the task force before the task force holds its first meeting.(c)
Intentionally left blank —Ed.(I)
The task force shall examine issues confronting metropolitan district homeowners’ rights, including the following authority and practices of metropolitan district boards:(A)
Tax levying authority and practices;(B)
Foreclosure practices;(C)
Communications with homeowners regarding metropolitan district processes and homeowners’ rights and responsibilities; and(D)
Governance policies, including voting and elections policies.(II)
The task force shall also examine the process by which a metropolitan district could transition from a metropolitan district that enforces covenants and collects assessments into a common interest community governed under article 33.3 of title 38.(III)
As part of the task force’s examination, the task force shall review the recommendations and report of the HOA homeowners’ rights task force, created in section 12-10-226.3 (2), to determine whether the findings and conclusions set forth in the recommendations and report apply to, and provide guidance for, the task force’s own findings and conclusions regarding issues confronting metropolitan district homeowners’ rights.(3)
The task force may seek and assign members of the public to serve on an advisory committee to assist the task force in its work.(4)
On or before March 1, 2024, the task force shall prepare an interim report and on or before June 15, 2024, shall prepare a final report of its findings and conclusions regarding matters the task force examines pursuant to subsection (2)(c) of this section. The department of regulatory agencies shall publish the reports on its website and submit copies of the reports to:(a)
The house of representatives transportation, housing, and local government committee and the senate local government and housing committee, or their successor committees; and(b)
The governor.(5)
This section is repealed, effective September 1, 2024.
Source:
Section 12-10-226.5 — Metropolitan district homeowners’ rights task force - creation - membership - duties - reporting - definition - repeal, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-12.pdf (accessed Oct. 20, 2023).
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