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UCIOA 2008 and UCIOBORA

By Lawrence B. Leff, Mark K. Payne, Suzanne M. Leff, Stan V. Jezierski

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 Colorado (and may never be), nor any other state at this time. However, it does provide some guidance and insight into the rationale behind various provisions that we are all familiar with in the Colorado Common Interest Ownership Act ("CCIOA").

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. Nevertheless, you will recognize similarities between its provisions and recent revisions to CCIOA.

It is too early to tell whether, or to what extent, Colorado will adopt either or parts of these acts. Only time will tell. In the mean time, the acts are useful for their scholarly insight into the issues we face everyday in dealing with common interest communities.

Full post as published by Colorado Homeowners Association Law Blog on May 20, 2009 (boomark / email).