Homeowners' Preferred Language Notice to Homeowners' Association

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1201 LLS NO. 26-0528.01 Jennifer Berman x3286 HOUSE SPONSORSHIP Weinberg, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT CONCERNING A UNIT OWNER'S NOTICE TO A HOMEOWNERS' ASSOCIATION THAT THE UNIT OWNER PREFERS TO RECEIVE CORRESPONDENCE IN A LANGUAGE OTHER THAN ENGLISH.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Under current law, a unit owner in a homeowners' association (HOA) may notify the HOA that the unit owner prefers to receive correspondence and notices from the HOA in a language other than English. The HOA is then required to send the unit owner correspondence and notices in both English and the preferred language. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

The bill: ! Authorizes the HOA to require that the unit owner first demonstrate the need for correspondence and notices in the preferred language before sending correspondence and notices to the unit owner in the preferred language; and ! Removes the requirement that the HOA send correspondence and notices to the unit owner in both English and the unit owner's preferred language, instead requiring that the HOA send the correspondence and notices only in the unit owner's preferred language.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 38-33.3-209.5, amend (1.7)(a) introductory portion, (1.7)(b)(II)(A), (1.7)(b)(III)(A), (1.7)(b)(VI) introductory portion, and (6)(a); and add (1.7)(a.5) as follows:

38-33.3-209.5. Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - enforcement through small claims court - definitions.

(1.7) (a) EXCEPT AS DESCRIBED IN SUBSECTION (1.7)(a.5) OF THIS SECTION, with regard to a unit owner's delinquency in paying assessments, fines, or fees, an association shall:

(a.5) BEFORE AN ASSOCIATION COMPLIES WITH A UNIT OWNER'S NOTICE CORRESPONDENCE AND NOTICES FROM THE ASSOCIATION BE MADE IN A LANGUAGE OTHER THAN ENGLISH PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, THE ASSOCIATION MAY REQUIRE THE UNIT OWNER TO DEMONSTRATE THE UNIT OWNER'S NEED FOR CORRESPONDENCE AND NOTICES TO BE PROVIDED IN THE PREFERRED LANGUAGE. THE UNIT OWNER MAY DEMONSTRATE SUCH NEED BY:

INDICATING THAT THE UNIT OWNER PREFERS THAT

(I) SUBMITTING THE NOTICE DESCRIBED IN SUBSECTION (1.7)(a)(I) OF THIS SECTION IN THE PREFERRED LANGUAGE;

(II) PROVIDING TO THE ASSOCIATION DOCUMENTATION DEMONSTRATING THE UNIT OWNER'S PROFICIENCY IN THE PREFERRED LANGUAGE. SUCH DOCUMENTATION MAY INCLUDE GOVERNMENT-ISSUED DOCUMENTS LISTING THE PREFERRED LANGUAGE AS THE UNIT OWNER'S PRIMARY LANGUAGE; SCHOOL, IMMIGRATION, OR COMMUNITY PROGRAM DOCUMENTS INDICATING LITERACY IN THE PREFERRED LANGUAGE; OR A LETTER OR OTHER DOCUMENT FROM AN INTERPRETER OR COMMUNITY ORGANIZATION CERTIFYING THE UNIT OWNER'S PROFICIENCY IN THE PREFERRED LANGUAGE.

(III) HAVING AN INTERPRETER PROVIDE A BRIEF STATEMENT TO THE ASSOCIATION INDICATING THE UNIT OWNER'S PROFICIENCY IN THE PREFERRED LANGUAGE; OR (IV) PROVIDING TO THE ASSOCIATION DOCUMENTS DEMONSTRATING A HISTORY OF COMMUNICATIONS TO AND FROM THE UNIT OWNER IN THE PREFERRED LANGUAGE.

(b) (II) (A) With respect to any violation of the declaration, bylaws, covenants, or other governing documents of an association that the association reasonably determines threatens the public safety or health, the association shall provide the unit owner written notice, in English and in any language that FOR WHICH the unit owner has indicated a preference for correspondence and notices pursuant to subsection (1.7)(a)(I) of this section OR, IF NO PREFERENCE IS SO INDICATED PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, IN ENGLISH, of the violation informing the unit owner that the unit owner has seventy-two hours to cure the violation or the association may fine the unit owner.

(III) (A) If an association reasonably determines that a unit owner committed a violation of the declaration, bylaws, covenants, or other governing documents of the association, other than a violation that threatens the public safety or health, the association shall, through certified mail, return receipt requested, provide the unit owner written notice, in English and in any language that FOR WHICH the unit owner has indicated a preference for correspondence and notices pursuant to subsection (1.7)(a)(I) of this section OR, IF NO PREFERENCE IS INDICATED PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, IN ENGLISH, of the violation informing the unit owner that the unit owner has thirty days to cure the violation or the association, after conducting an inspection and determining that the unit owner has not cured the violation, may fine the unit owner. However, the total amount of fines imposed for the violation may not exceed five hundred dollars.

(VI) Once the AFTER A unit owner cures a violation, the association shall notify the unit owner in English and in any language that FOR WHICH the unit owner has indicated a preference for correspondence and notices pursuant to subsection (1.7)(a)(I) of this section OR, IF NO PREFERENCE IS INDICATED PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, IN ENGLISH:

(6) A notice of delinquency that an association sends to a unit owner for unpaid assessments, fines, fees, or charges must:

(a) Be written in English and in any language that FOR WHICH the unit owner has indicated a preference for correspondence and notices pursuant to subsection (1.7)(a)(I) of this section OR, IF NO PREFERENCE IS INDICATED PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, IN ENGLISH;

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.