Boulder: Legislators Don’t Support Construction Defects Bill

A delegation of BARA and LAR members had the opportunity to observe and participate in lobbying for SB-177 (HOA construction defects) on April 2 at the legislature. The group met with Senators Rollie Heath (Boulder), Matt Jones (Lafayette) and Representative Jonathan Singer (Longmont).

Senator Rollie Heath, a retired attorney who had worked for the Johns Manville roofing materials company (ironically), told the group that the bill is the wrong solution. He argued the current legislation ensures quality construction. Rep. Jonathan Singer, one of the bill’s sponsors, said he only supported 177 because he supports affordable housing. (Singer also mentioned that he thought inclusionary zoning might be a better vehicle for creating affordable housing.) On the other hand, Senators Matt Jones and Rollie Heath argued the bill does nothing for affordable housing.

Heath insisted that 177 would eliminate a homeowner’s ability to sue a builder for construction defects although members of the delegation were quick to correct this statement. The bill would make it more difficult to file a class action lawsuit and would require the approval of a majority of owners. None of the information provide by the delegation could persuade the senators to soften their stance. Curiously, Speaker Dickie Lee Hullinghorst (Boulder), a notable foe of the bill, did not attend the meeting.

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