Digest of Bills - 1994

PROPERTY

S.B. 94-92 Mobile homes - termination of tenancies in mobile home parks - taxation of mobile homes held as inventory. Allows a tenancy in a mobile home park to be terminated on short notice if the conduct of the home owner or any lessee, guest, agent, invitee, or associate of the home owner unreasonably endangers the life of or constitutes willful, wanton, or malicious damage or destruction to the property of the landlord or others living in the park, constitutes one of several identified types of felonies, or is the basis for a pending action to declare the mobile home or its contents a class 1 public nuisance. Shortens the eviction notice period in such cases to 10 days from the date the notice is served or posted, or 15 days if the home is a multisection mobile home.

        Requires that mobile homes held as inventory by mobile home dealers be located on sales display lots in order to qualify for an exemption from property taxation.

        Removes obsolete references to "manufactured housing" and to the manufactured housing licensing board which no longer exists.

        Effective upon passage eviction provisions apply to leases executed and to leases in effect on or after the date of passage when any prohibited conduct is committed on or after said date.

APPROVED by Governor April 19, 1994
EFFECTIVE April 19, 1994

S.B. 94-181 Unclaimed property - applicability - exemption of state agencies, small businesses, and nonprofits - reporting period - verification of reports. Exempts certain businesses and nonprofit organizations from the reporting and remitting requirements of the unclaimed property statutes as follows: Businesses with annual gross receipts less than $500,000 are exempt if they hold less than $3,500, rather than the previous $500, of unclaimed property unless $250 or more is attributable to one individual; nonprofits with annual contributions totalling $1 million or more may also claim such an exemption; nonprofits with annual contributions of less than $1 million are wholly exempt. Includes only property acquired during the immediately preceding 5-year period for purposes of computing the de minimis exemptions.

        Defines an "item" of property to mean the aggregate total of all property held under the name of an apparent owner, or, in the case of intangible property of different types or classes that cannot practicably be handled together, each separate account or other form of such property.

        Provides that, in case of conflict between the unclaimed property statutes and statutes governing the disposition of money by state agencies generally, the unclaimed property statutes prevail except in regard to moneys received from the federal government, state funds held inviolate, and tax warrants or other warrants issued by the state. Reduces the reachback period for initial reports from 10 to 5 years, except in the case of state warrants.

        Eliminates the requirement that reports of unclaimed property and related documents be verified. Repeals obsolete provisions regarding the 1992 initial report by the public employees' retirement association.

VETOED by Governor June 7, 1994

S.B. 94-214 Foreclosures - borrower's right to cure - technical defaults. Where property is subject to a mortgage or deed of trust and a borrower has failed to provide balance sheets or tax returns as required by the evidence of debt, mortgage, or trust deed, gives the borrower the right to cure the default and avoid foreclosure by furnishing adequate evidence of the borrower's financial condition so long as all amounts currently due have been paid.

APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994

S.B. 94-216 Large planned communities - regulation - "Colorado Common Interest Ownership Act". Creates a new category under the "Colorado Common Interest Ownership Act" for the development of large planned communities. Requires a planned community to consist of at least 200 acres, be zoned for development of at least 200 hundred residences and 20,000 square feet of commercial use, and meet the definition of a planned community pursuant to the "Colorado Common Interest Ownership Act" to be designated as a large planned community.

        Sets forth the information that the owner of the property must record with the county to obtain large planned community status. Specifies that the declaration filed by the owner of a large planned community does not need to contain certain provisions required for other planned communities. Requires the declaration to contain a statement that the planned community is exercising certain exemptions from the act as a large planned community.

        Requires the association established for the large planned community to operate with respect to community-wide matters and not for the interests of any single unit owner.

        Allows a large planned community to make assessments for common expenses of the association as provided for in the declaration. Allows for assessments on retail sales, real estate transfers, and specified services within a large planned community as provided for in the declaration which shall be entitled to lien priority subject only to first deeds of trust.

        Allows a large planned community to allocate votes as provided for in the declaration. Provides that a large planned community may allow voting by certain classes of members including residence owners, commercial space owners, and owners of lodging space.

        Allows a large planned community to amend its declaration to allow for the change of boundaries of any unit within the community.

        Exempts large planned communities from the 2-year cap on the control of an executive board by declarants. Prohibits removal by a specified percentage of voters of a member elected pursuant to a class vote.

APPROVED by Governor June 7, 1994
EFFECTIVE July 1, 1994

H.B. 94-1104 Deeds - documents of title - inclusion of assessors' information. Allows inclusion of an assessor's schedule number or parcel number when identifying real property in conveyance (transfer) documents. Provides that the absence of such information does not render the document inEFFECTIVE and, in cases of internal conflict, the legal description of the property shall prevail.

APPROVED by Governor March 9, 1994
EFFECTIVE March 9, 1994

H.B. 94-1224 Dry cleaning and related service establishments - disposition of unclaimed personal property. Reduces from 120 to 90 days the period of time that dry cleaning and related service establishments must wait before they sell unclaimed personal property. Revises the notice requirement to require that the establishment mail a registered letter to the address given at the time the property was delivered before it may dispose of the unclaimed personal property and to authorize the establishment to dispose of the property if it is not claimed within 30 days after such notice. Eliminates publication requirements. States that property left with a service establishment longer than 180 days may be disposed of by the establishment without notice or liability. Requires that dry cleaning and related service establishments post a notice that includes required language concerning this 180-day provision.

        Eliminates provisions concerning the disposition of sale proceeds that limit the recovery of the establishment to the cost of its services and require such establishment to mail the balance to the owner of the property.

APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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