Feb
28
2024
Call For Action – Support SB24-106 Right to Remedy Construction Defects
Support Right to Remedy Construction Defects
Colorado needs more affordable and attainable housing options and legislators can act now to address this challenge. SB24-106 – Right to Remedy Construction Defects – addresses right-to-remedy, informed consent, and negligence per se. This bill will be heard in the Senate Local Government & Housing Committee at 2pm MT on March 5th.
These much-needed reforms will help to decrease insurance costs, ensure homeowners have the right to pursue timely remedies, provide a faster path for resolution, and give homeowners greater transparency about construction litigation related to their property.
More info on Right To Remedy:
- Right-to-remedy gives the property owner the choice to either have the original contractor make the repair, or work with the contractor to find someone acceptable to perform the remedial work. If there are problems with the remedial work, they can determine how to proceed with the entity responsible for providing the remedial work.
- Informed Consent – This consumer protection provision ensures the disclosures required in statute are honored and that homeowners receive their disclosures prior to providing their written consent to litigate a construction defect claim by a homeowner’s association, and it requires consent of 67% of the actual unit owners prior to pursuing litigation.
- Negligence per se- Under current law, claims often contain technical code violations that do not harm the performance of a home or affect its structural integrity, functionality, or create a health and safety issue. In this provision, no claims for negligence can be asserted for noncompliance with technical code violations, unless those violations cause actual damages to real or personal property within a home or complex, cause bodily harm or wrongful death, or an imminent and unreasonable threat to life.
Learn more at https://homeownersopportunity.org/