APPENDICES 6A AND 6B

JurisdictionColorado
APPENDICES 6A AND 6B
(a) Sample HOA CD Action Advisory Notice
(b) Sample HOA CD Action Meeting and Disclosure Notice
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(a) Sample HOA CD Action Advisory Notice


NOTICE PURSUANT TO C.R.S. § 38-33.3-303.5(1)(e):

The Association has called a meeting pursuant to C.R.S. § 38-33.3-303.5(1)(c) to consider whether to bring a construction defect action. The meeting shall take place on [Date/Time] at [Location].

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(b) Sample HOA CD Action Meeting and Disclosure Notice

Dear Owner,

The Association's Executive Board is providing you with the following notice concerning a proposed construction defect action and the statutorily required meeting to consider approval of the action. If you have any questions or concerns about these matters, or about the content of the notice below, please do not hesitate to contact the Executive Board.

Notice Pursuant to C.R.S. § 38-33.3-303.5

The Association will hold a meeting pursuant to C.R.S. § 38-33.3-303.5 on [Date/Time] at [Location]. The conclusion of the meeting initiates the voting period, during which the Association will accept votes for and against proceeding with the construction defect action. The disclosure and voting period shall end ninety days after the mailing date of the meeting notice or when the Association determines that the construction defect action is either approved or disapproved, whichever occurs first.

The construction professional against whom the construction defect action is proposed will be invited to attend and will have an opportunity to address the unit owners concerning the alleged construction defect; and the presentation at the meeting by the construction professional or the construction professional's designee or designees may, but is not required to, include an offer to remedy any defect in accordance with Section 13-20-803.5(3) of the "Construction Defect Action Reform Act."

The proposed construction defect action [add description of the nature of the construction defect action, identifying alleged defects with reasonable specificity, the relief sought, a good-faith estimate of the benefits and risks involved, and any other pertinent information.] {C.R.S. § 38-33.3-303.5 does not define "pertinent information," but it may include reference to the information in a notice of claim, or other, non-privileged information actually known to the Association that relates to the anticipated CD action.}

Pursuant to C.R.S. § 38-33.3-303.5, the following information is being disclosed to you:

1. The alleged
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