HB 25-1123 Colorado House · 2025 Regular Session

Homeowners' Association Alternative Dispute Resolution

Summary

Under current law, common interest communities are encouraged to use mediation prior to filing a complaint with the court. The bill requires permits a dispute between a unit owner and a unit owners' association to go through an internal dispute resolution process participate in an informal negotiation and mediation to resolve the dispute before the parties can file a complaint with the court. If the parties are unable to reach a mediation agreement, the bill allows the parties to undergo arbitration or commence a legal proceeding. If the parties are unable to reach an agreement during the informal negotiation, either party may file a complaint with the court and the court must order the parties to participate in mediation, if mediation has not already taken place. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

May 2025

House Passage

Apr 2025

Senate Passage

Governor

Introduced Jan 28, 2025 Last action May 1, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

Reengrossed (04/28/2025) → PA1 (02/27/2025) · 6 edits

MODERATE

The bill was amended to change its title from 'alternative dispute resolution' to 'mandatory mediation' and to streamline the dispute resolution process for unit owners and associations. The changes remove references to informal negotiation as a separate step, requiring parties to go directly to mediation after a written request, and clarify that disputes involving civil rights violations or violations of law are exempt from these requirements.

Scope change

The bill's scope was narrowed by removing the informal negotiation requirement and clarifying that certain disputes (such as those involving civil rights violations or violations of law) are exempt from the mandatory mediation process.

REQUIREMENT

Changed the dispute resolution process to require mediation directly after a written request, removing the previous requirement for an informal negotiation step before mediation.

Added requirements for the mediator to be an impartial third party approved by both parties and for the cost of mediation to be shared equally between the unit owner and the association.

DEFINITION

Added specific definitions for 'arbitration', 'dispute', 'mediation', and 'mediator' to clarify the terms used in the bill.

EXEMPTIONS

Added exemptions for disputes involving violations of local, state, or federal law, and disputes involving claims of discrimination, harassment, or other civil rights violations.

TIMELINE

Modified timelines for dispute resolution, including a 30-day window for informal meetings and a 14-day window for parties to agree on mediation details.

ENFORCEMENT

Added requirements for a mediation certificate to be signed if mediation is unsuccessful and included with any subsequent lawsuit or arbitration demand.

Floor votes · House Apr 28, 2025

How they voted

42–22

Passed

Total votes 64

Apr 28, 2025

D Democratic42

42 Yea

100% Yea

R Republican22

22 Nay

100% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 1, 2025

Upper · Passed

Senate Committee on Local Government & Housing Postpone Indefinitely

upper

Apr 29, 2025

Introduced

Introduced In Senate - Assigned to Local Government & Housing

upper

Apr 28, 2025

Lower · Passed

House Third Reading Passed with Amendments - Floor

lower

Feb 25, 2025

Lower · Passed

House Committee on Judiciary Refer Amended to House Committee of the Whole

lower

Jan 28, 2025

Introduced

Introduced In House - Assigned to Judiciary

lower

3 primary · 11 co-sponsors