On June 6, 2022, Colorado Governor Jared S. Polis passed HB22-1137 into law, which deals with “Homeowners’ Association Board Accountability and Transparency”. These new laws which go into effect on August 9, 2022, aim to protect homeowners and increase transparency in the association. This post covers the new requirements to communicate “a unit owner’s delinquency in paying assessments, fines, or fees”.
HB22-1137 Homeowner Communication Requirements
Unit Owner Notification
The unit owner must receive a notice about their delinquency before the association can take any action.
A unit owner may inform the association if they prefer to receive a notification in a language other than English. If so, the community must send them a notification in the language they requested. Otherwise, the community will send a notification to the unit owner in English.
The unit owner can designate another person to receive delinquency notices on their behalf. The designated contact should receive the same notice as the unit owner. The notice must also be sent to both at the same time. However, the alternative contact will receive the correspondence in English, while as mentioned, the unit owner can receive it in their preferred language.
The association must contact the unit owner and designated contact person by certified mail. They also must physically post a copy of the notice at the homeowners’ unit.
In addition to the above, the association must contact the unit owner by one of the following methods:
- First-class mail
- Text via a phone number only if the unit owner provided it to the association.
- An email address that the unit owner provided to the association.
The board or management company acting on behalf of the board must keep a record of any contact with the unit owner about the delinquency. This includes the type of communication used to inform the unit owner, as well as the date and time of contact.
Are you prepared for HB22-1137?
Consult with your community association lawyer
Be sure to discuss the more complex details of HB22-1137 with your lawyer and how it impacts your association.
Evaluate your current process
Technology is going to play an important role in helping you comply with these new changes. It’s important to ask the following questions about your current communications provider.
- How do you currently communicate delinquencies with your residents?
- Can you easily track all the messages you send to residents, with the date, time, and communication method?
- Can residents easily inform you of their language preference and set alternative contacts to receive messages on their behalf?
Pilera Software is a leading provider of automated communication and community relationship management solutions for HOAs, Condos, Apartments, and High-Rises. Thousands of communities rely on Pilera’s automated phone, email, text, and PDF letter solutions with language translations to keep residents informed. Talk to an expert today so you can see how Pilera can help you manage your communities today.