When the speaker of the state House calls a bill “terrible,” you can bet it’s going to have a hard time getting through her chamber — at least without major changes.
But according to The Colorado Statesman, that’s what House Speaker Dickey Lee Hullinghorst . The bill is supported not just by developers, by the way, but by municipal officials and affordable housing advocates, too.
So the prospects for SB 177 appear cloudy, to say the least.
But perhaps changing the law governing how defects are handled is not yet out of the question. After all, Hullinghorst also said, “We’re willing to consider” how to define the problem and amend the bill accordingly.
Hullinghorst, in concert with lawyers involved in construction defects litigation, maintains that the striking paucity of condo construction in recent years simply reflects a lack of demand brought about by the recession and stricter lending requirements. And there’s no doubt that the recession was a factor in the collapse of condo construction.
On the other hand, the percentage of condo starts compared to overall housing starts was woefully small even through 2013 and 2014.
And if builders are trying to pull the wool over legislators’ eyes in order to rid themselves of legitimate lawsuits over shoddy construction, they’re going to ridiculous lengths to pursue this alleged charade. how condo builders in Cherry Creek were “photographing or filming every step of construction” and going so far as to stress-test every window in an effort to protect themselves.
Of course, such measures drive the cost of construction sky high — which is why affordable-housing advocates such as Sen. Jessie Ulibarri, D-Westminster, are interested in addressing this issue, too. He’s a bill sponsor.
SB 177 is by no means perfect. Among other things, its disclosure requirements for HOAs intending to sue over defects seem excessively burdensome. But the main thrust of the legislation — to avert litigation if the problem can be resolved through other means and to make sure a majority of property owners are actually on board with a lawsuit — is certainly sound.
What would be “terrible,” in fact, is if lawmakers failed to find some way to address the issue.
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