February 2024 Bite-Size Colorado Legislation News

Discover the latest updates on Colorado State Legislation! As new legislation is introduced, it’s important to stay informed about the changes it may bring. The following are immediately impactful topics from the recent legislative session.

Expand Homestead Exemptions HB24-1166

This bill is aiming to redefine and expand on the ability of the homestead exemption to reduce property tax burden within the State of Colorado. https://www.leg.colorado.gov/bills/hb24-1166

This is an identified expanded effort from the Extraordinary Session from 2023

• AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE OF SUCH PROPERTY OR FIFTY PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE IS EXEMPT FROM TAXATION if:
  • (a) (I) The owner-occupier is sixty-five years of age or older as of the assessment date and has owned and occupied such residential real property as his or her THE OWNER-OCCUPIER’S primary residence for the ten years preceding the assessment date; or
  • (II) The owner-occupier is the surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under subparagraph (I) of this paragraph (a); and SUBSECTION (1)(a)(I) OF THIS SECTION; OR
  • (III) FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2025, ONLY, THE OWNER-OCCUPIER HAD RECEIVED AN EXEMPTION PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF THIS SECTION OR THIS SUBSECTION (1)(a)(III), FOR ANY PROPERTY TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2016, FOR RESIDENTIAL REAL PROPERTY THAT THE OWNER-OCCUPIER THEREAFTER CEASED OCCUPYING, FOR ANY PERIOD, AS THE OWNER-OCCUPIER’S PRIMARY RESIDENCE;

Accessory Dwelling Units HB24-1152

This is the first breakout bill from the previous Land Use Bill of 2023 specifically addressing Accessory Dwelling Units (ADUs). https://www.leg.colorado.gov/bills/hb24-1152

• (2) “ACCESSORY DWELLING UNIT” MEANS AN INTERNAL, ATTACHED, OR DETACHED DWELLING UNIT THAT:
  • (a) PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE INDIVIDUALS;
  • (b) IS LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING PRIMARY RESIDENCE; AND
  • (c) INCLUDES FACILITIES FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION.
• (6) “COUNTY” MEANS A COUNTY, INCLUDING A HOME RULE COUNTY BUT EXCLUDING A CITY AND COUNTY.
• (12) “LOCAL GOVERNMENT” MEANS A MUNICIPALITY, COUNTY, OR TRIBAL NATION WITH JURISDICTION IN COLORADO.
• (13) “LOCAL LAW” MEANS ANY CODE, LAW, ORDINANCE, POLICY, REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS THE DEVELOPMENT AND USE OF LAND, INCLUDING LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.
• (2) A SUBJECT JURISDICTION SHALL NOT:
  • (a) REQUIRE NEW PARKING IN CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF AN ACCESSORY DWELLING UNIT;
  • (b) REQUIRE AN ACCESSORY DWELLING UNIT, OR ANY OTHER DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT, TO BE OWNER-OCCUPIED; OR
  • (c) APPLY A RESTRICTIVE DESIGN OR DIMENSION STANDARD TO AN ACCESSORY DWELLING UNIT. In the next newsletter, we will cover developing news and additional particular wording that is impactful to the Colorado local governments.

Right to Remedy Construction Defects SB24-106

This bill is being proposed to define what construes a builder responsibility in remedying construction defects as a lawsuit. https://www.leg.colorado.gov/bills/sb24-106 This also covers what a builder can do to remedy faults in the construction.

• (6) “RIGHT TO REMEDY” MEANS THE RIGHT, DESCRIBED IN SECTION 13-20-809 (2), TO CURE A CLAIM, DESCRIBED IN SECTION 13-20-809 (1)(a).
  • 13-20-803.5. Notice of claim process. (3)
    • (a) Within thirty days following the completion of the inspection process conducted pursuant to subsection (2) of this section, or within forty-five days following the completion of the inspection process in the case of a commercial property, a construction professional may, BUT DOES NOT HAVE A DUTY TO, send or deliver to the claimant, by certified mail, return receipt requested, or BY personal service:
      • (I) An offer to settle the claim by payment of a sum certain or by agreeing to remedy the claimed defect described in the notice of claim; OR
      • (II) A NOTICE THAT THE CONSTRUCTION PROFESSIONAL IS INVOKING THE RIGHT TO REMEDY.
    • (b) A written offer to remedy the construction defect shall MUST include a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.
  • 13-20-803.5. Notice of claim process. (3)
    • (a) Within thirty days following the completion of the inspection process conducted pursuant to subsection (2) of this section, or within forty-five days following the completion of the inspection process in the case of a commercial property, a construction professional may, BUT DOES NOT HAVE A DUTY TO, send or deliver to the claimant, by certified mail, return receipt requested, or BY personal service:
      • (I) An offer to settle the claim by payment of a sum certain or by agreeing to remedy the claimed defect described in the notice of claim; OR (II) A NOTICE THAT THE CONSTRUCTION PROFESSIONAL IS INVOKING THE RIGHT TO REMEDY.
    • (b) A written offer to remedy the construction defect shall MUST include a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.

The March Newsletter will be covering the upcoming legislative session and changes related to the items above.

Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.

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