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JosephW (Michigan)
Posts: 882
Posted:
From the Colorado Homeowner Association Law Blog: "For those of you who have an interest in the evolution and development of the Uniform Common Interest Ownership Act, the American Bar Association House of Delegates recently adopted the 2008 Uniform Common Interest Ownership Act as proposed by the Uniform Law Commission. This new act is an attempt to integrate, address and resolve a number of issues that have been raised in the formation, operation and management of common interest communities in the last thirty years. But, be mindful that this is only a recommended uniform act – it is not the law in any other state at this time. However, it does provide some guidance and insight into the rationale behind various provisions that are familiar.

In conjunction with, and as part of 2008 UCIOA, the ULC also adopted the Uniform Common Interest Owners Bill of Rights Act (UCIOBORA). It also adopted UCIOBORA as a stand alone act. Again, this act is only a model act, and is not the law in any state at this time."

Links

http://www.law.upenn.edu/bll/archives/ulc/ucioa/2008final.pdf

http://www.law.upenn.edu/bll/archives/ulc/ucio_bor/2008final.pdf

Joe

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MaryA1 (Arizona)
Posts: 7,043
Posted:
Joseph,

This is from the CO Legistaure's website:
"ARTICLE 33.3
COLORADO COMMON INTEREST OWNERSHIP ACT
Editor's note: The provisions of this act are based substantially on the "Uniform Common Interest Ownership Act", as promulgated by the National Conference of Commissioners on Uniform State Laws. Colorado did not adopt article 4 concerning protection of purchasers and the optional article 5 of said uniform act concerning administration and registration of common interest communities."

As you can see the UCIOA has been enacted into law and can be found in Title 38, Article 33.3, so I don't understand your remark: "But, be mindful that this is only a recommended uniform act – it is not the law in any other state at this time." According to this statement, only Artic 4 and 5 of the UCIOA have not been adopted by the state. I know there a number of states who have adopted the UCIOA. See info below from the the Uniform Law Commission website:

"UNIFORM COMMON INTEREST OWNERSHIP ACT

PURPOSE:
This act contains provisions for the formation, management, and termination of any common interest community, including a condominium, a planned community, or a real estate cooperative. It also includes significant consumer protection provisions effective at the time of sale of any unit in a common interest community.

ORIGIN:
Completed by the Uniform Law Commissioners in 1982, and amended in 1994.

ENDORSED BY:
American Bar Association

STATE ADOPTIONS:
Alaska
Colorado
Connecticut
Deleware
Minnesota
Nevada
Vermont
West Virginia

2009 INTRODUCTIONS:
New Jersey"

JosephW (Michigan)
Posts: 882
Posted:
This is the latest update from the Bar Association. The original version was adopted by the UCL, I think around 1993. I'm not sure whether this is the second or third major revision. In any event, the state acts you mention would have been based on an earlier version. States that have adopted UCIOA in the past will be reviewing this version for possible updating of their state act.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal

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