June 26th Election Day
General Election Information:
The Pikes Peak Association of REALTORS encourages its members to vote for the candidates selected and endorsed as REALTOR Champions! These candidates receive the industry’s endorsement for their knowledge and support of REALTOR Party issues and understanding in advancing the REALTOR Party platform will ensure a vibrant quality of life in our communities, the preservation of the free enterprise system and the dream of home ownership.
Ballots must be voted and returned no later than 7:00 p.m. on Tuesday, June 26. Voters can drop off ballots at various drop-off locations around El Paso County. If choosing to return ballot by mail, please ensure that ballot is postmarked well before the June 26 deadline.
For additional information, visit EPCVotes.com
Sheriff Bill Elder
REALTORS® value safety and a quality of life that enables all citizens to thrive and be safe in their homes and community. Sheriff Elder has been a significant player in making the Pikes Peak region a highly desirable and sought after place.
PPAR’s leadership in their endorsement of Sheriff Bill Elder states, “He has been a tremendous asset and leader not only for law enforcement, but for the community at-large. He has demonstrated grace and strength in the midst of peril. His collaborative spirit has paved the way for cross-sector partnerships and relationships that have enhanced our community’s safety. He leads an impressive team of individuals that put themselves on the line every day to protect the rich quality of life of the citizens of El Paso County, and for that, we are extremely grateful. Sheriff Elder’s understanding and depth of knowledge about REALTORS® and issues that impact homeowners reaffirm our industry’s support and belief in his abilities to serve as Sheriff for a second term.”
El Paso County Commission
PPAR based their decision on a series of questions posed to each candidate that included issues existent within each district and how to address those issues, short and long-term economic challenges and solutions in the Pikes Peak area as well as, thoughts on transportation and infrastructure. It is an important criterion for REALTORS® -who serve as advocates of homeowners- that when endorsing candidates, that they (candidates) understand the importance the housing industry plays in the economy, but more importantly, that they (candidates) understand that transfer taxes and fees are not a viable option for homeowners.
In their endorsement of the Commissioner Candidates, PPAR leadership articulates “Holly Williams, District 1 and Cami Bremer for District 5, “demonstrate the needed knowledge, experience and pro-business attitude that our association appreciates in our local public servants.” Both, Holly and Cami, possess a depth of knowledge of housing and REALTOR® issues and we are confident that that they will foster a favorable environment in the Pikes Peak region where private property rights and homeownership will continue to flourish.”
Congressman Doug Lamborn
The National Association of REALTORS, CAR and PPAR support Congressman Doug Lamborn in his bid for re-election. Congressman Lamborn has been a friend to REALTORS and a good steward of the ideals and principles that drive our industry.
His seniority has served our Fifth Congressional District well for the protection and promotion of our region's military installations and land assets. Two of his most recent accomplishments for our region include:
*Worked behind the scenes with Army leadership to secure the placement in Ft Carson of a new Security Forces Assistance Brigade (SFAB). This new brigade’s unique personnel structure will see over 800 of the Army’s finest moving to Colorado Springs and continue our region’s strong economic climate.
*In his role as Congressman, he provided support for our community’s successful request of the US Department of transportation for a $65 Million INFRA Grant towards the expansion of the 18-mile “GAP” project between Monument and Castle Rock
House District 21
Lois Landgraf has been a strong supporter of REALTORS® with some of our industry’s biggest issues that include First Time Homebuyer Savings Accounts, Construction Litigation Reform, Water Supply Shortage, Transportation and Infrastructure funding, Training and education to create a well-trained and skilled workforce, and holding the line on government spending.
Candidates that received endorsement displayed a depth of knowledge about REALTOR® issues, the impact of housing in relation to economic recovery, and have a vision about maintaining and further positioning the Pikes Peak Region as a quality community. Only candidates that participated in the interview process can be considered for an endorsement.
School Board District Races:
The Pikes Peak Association of REALTORS® (PPAR) announced its endorsement for Colorado Springs District 2, District 11, District 20 and D 38 School Board races that will take place with the November 7th Coordinated Election.
The REALTORS® asked candidates about issues facing their respective school districts and their solutions to address those issues. In addition, the group requested candidates share their vision for improving the quality of education and for innovation within the school districts. Districts 2, 11, 20 and 38 where asked to participate, as they are districts that are having an official election; other districts cancelled elections for board seats due to no competitive races or simply equal amounts of candidates filed paperwork to fill open seats. Only candidates interviewed were considered for endorsement. Each of the candidates demonstrated knowledge, experience and passion for education that our association seeks from those interested in serving on the school board. Candidates that received endorsement displayed a depth of knowledge about REALTOR® issues and a tremendous understanding about the quality of education in relation to housing.
Harrison School District 2:
- Jeannie Orozco
- Steve Seibert
Colorado Springs District 11:
- Shawn Gullixson
- Jim Mason
- Julie Ott
Academy District 20:
- Tom LaValley
- Karin Reynolds
- Will Temby
El Paso County Issue 1A:
Without an increase in taxes and no new fees, El Paso County Issue 1A asks voters to retain $14.8 million for the following purposes:
- At least $6 million will be a “local match incentive” to secure federal and state funds for the widening of I-25 from Monument to Castle Rock.
- High impact county road and bridge projects would receive approximately $6 million.
- Approximately $1 million will be used as a local match to secure approximately $4 million for remaining flood recovery and mitigation projects. Included are projects in the Fountain Valley area prevent further destruction erosion of creek banks in areas that were heavily impacted during the September 2013 thousand-year storm.
- Approximately $1.5 million will be used to secure state matching funds for parks and trails improvements. In 2014, voters approved a one-time $2 million revenue retention for County Parks and trails which was used to secure additional matching funds to complete more than $4 million in improvements.
The County will continue to be subject to all TABOR tax and revenue limitations going forward.
Colorado Springs Issue 2A:
Colorado Springs is a growing, thriving community, and our infrastructure has to keep up. We are the only city in the country that does not fund stormwater drainage and flood prevention through a dedicated service fee. The proposed fee structure is a flat fee for residential and commercial ($5 per month residential/ $30 per month commercial) and is comparable to or lower than other cities. Our city’s stormwater drainage and flood prevention infrastructure has deteriorated to dangerous levels, leaving our city vulnerable to damaging floods. A dedicated fee, with a specific project list to address the most critical areas, will enable the city to limit flooding and protect your personal property and public safety.
Managing storm water is a matter of protecting lives, homes, businesses, water quality, roads and bridges. It is about the quality of life of our community; it is about local jobs and lower insurance rates. The Pikes Peak region has experienced its share of natural disasters in the past few years and are now too familiar with the need to have infrastructure to mitigate water flow and prevent excessive flooding. Investing in a stormwater infrastructure is not only necessary, but also needed to protect the Pikes Peak Region’s assets.
For additional information on Issue 2A
District 11 issue 3E. This critical funding will allow the district to retire existing debt ahead of schedule, saving taxpayers millions of dollars, and setting District 11 up for another generation of success in the classroom. The last time District 11 residents approved a funding request for the schools was the year 2000. The world has changed since then and we need to make sure our schools are equipped to prepare our children for today’s new work force.
For more information
Pikes Peak Rural Transportation Authority Issue 5B
Every municipality that is part of the PPRTA will have the opportunity to amend existing allocations of funding to request that without raising taxes, should the PPRTA be amended to include State Highway 105 North to County Line Road.
2017 State Legislative Wrap-Up
The 2017 Colorado Legislative Session has been one of the busiest in recent memory. The Colorado Association of REALTORS® (CAR) Legislative Policy Committee (LPC) worked very hard this year to make sure that REALTOR® interests and private property rights were protected and enjoyed many successes this session.
Class action lawsuits regarding construction defects has had an adverse effect on the availability of attainable housing in Colorado. In the past few years, 18 cities and municipalities (including Colorado Springs) have passed local ordinances to help mitigate this problem and encourage home builders to start building multi-family owner occupied developments in their areas.
The Pikes Peak Association of REALTORS® (PPAR) Public Policy Committee, in cooperation with the CAR LPC, has worked for many years to get a state law passed that would address the issue of construction defects litigation and standardize the way such issues would be handled across Colorado. The first step towards this goal, HB17-1279, passed through the House and Senate and was signed by the Governor on May 23, 2017.
HB17-1279 – Construction Defects Actions Notice Vote Approval
Before filing a construction defects claim the executive board of a unit owners’ association (HOA) in a common interest community must:
- Mail or deliver written notice of the anticipated commencement of the construction defect action to each unit owner.
- - The notice must call a meeting of the unit owners to be held no less than 10 days and no more than 15 days after the mailing date of notice to consider whether to bring a construction defect action. Failure to hold the meeting within required time period voids the vote. A quorum at the meeting isn’t required.
- - The voting period shall end 90 days after the mailing date of the meeting notice or when the Association determines that the construction defect action is either approved or not, whichever comes first.
- - The substance of the proposed construction defect action may be amended or supplemented after the meeting, but such changes does not extend the voting period.
- The construction professional against whom the construction defect action is proposed will be invited to attend the meeting and will have an opportunity to address the unit owners concerning the alleged construction defect.
- The construction professional or the construction professional’s designee(s) may, but is not required to, include an offer to remedy any defect.
- The notice must include a description of the nature of the construction defect, the relief sought, a good-faith estimate of the benefits and risks involved and any other pertinent information including:
- - Alleged construction defect might result in increased costs to the HOA in maintenance or repair or cause an increase in assessments or special assessments to cover cost of repairs.
- - If claim isn’t filed before applicable legal deadlines, the claim expires.
- - Until alleged defects are repaired, sellers of units might owe buyers a duty to disclose known defects.
- - Whether the executive board intends to/has entered into a fee arrangement with an attorney and the amount of said fees.
- - Any additional legal costs including expert witnesses, depositions, and filing fees.
- - If the HOA doesn’t win its case, the HOA may be responsible for paying its attorney fees and the court costs and attorney fees of the opposing party.
- - No guarantee that the HOA will recover enough funds to repair the claimed construction defect(s). If not repaired, additional damage to property might occur.
- - Until claimed construction defects are repaired, the unit owners might have difficulty in refinancing and prospective buyers might have difficulty obtaining funding.
- HOA may only initiate the construction defect action if authorized within the voting period by a majority of unit owners who have submitted their vote in any written format.
- This law is not retroactive and applies to events and circumstances on or after September 1, 2017.
SB17-215 – Sunset Licensed Real Estate Brokers & Subdivision Developers
Every ten years, the programs of the Department of Regulatory Agencies (DORA) are analyzed and evaluated by the Colorado Office of Policy, Research and Regulatory Reform (COPRRR) with cooperation from consumers, government agencies, public advocacy groups, and professional associations. This process is called a sunset review and enables the legislature to repeal all or part of a law after a specific date. The sunset review for the Colorado Real Estate Commission was submitted in October 2016 and the bill to continue the Commission was introduced to the state legislature on March 10, 2017. It passed through the legislature and was signed by the Governor on June 1, 2017. It went into effect on July 1, 2017.
- License renewal will be on or before December 31 for everyone.
- RE Commission will be 5 members for 3 year term. 3 real estate brokers who have 5+ years’ experience. One will also have substantial experience in property management. Other 2 will represent public at large.
- “Standard Form” has been defined as:
- - Form promulgated by RE Commission for current use (Commission-approved form).
- - Form drafted by licensed CO attorney representing a specific broker, employing broker, or brokerage firm.
- - Form provided by a party to the transaction if the broker is acting in the transaction as either a transaction broker or a single agent for the party providing the form to the broker, so long as the broker retains written confirmation that the form was provided by a party to the transaction.
- - Form prescribed by a governmental or quasi-governmental agency or a lender if form is mandated by such agency or lender.
- - Form issued with written approval of CO Bar Association and specifically designated for use by brokers in CO as long as form is within any guidelines or conditions specified by CO Bar Association in connection to use of form.
- - Form used for disclosure or informational purposes only, in regards to specifically the real estate involved in the transaction or general geographic area where real estate is located. It does not purport to waive or create any legal rights or obligations affecting any part to the transaction.
- - Form prescribed by a title company that is providing closing services in transaction.
- - Letter of intent created or prepared by broker, employing broker, or brokerage firm so long as intent states that it is nonbinding and creates no legal rights or obligations.
Not all bills that were introduced this session were favorable to private property rights and homeownership. CAR LPC were able to defeat the following legislation that would have been hurtful to the real estate industry:
SCR17-002 – Real Estate Transfer Tax for Affordable Housing -this Concurrent Resolution (a legislative measure adopted by both houses of a legislature that lacks the force of law (is non-binding) and does not require the approval of the governor) would have gone on the November ballot for a vote by the citizens because this will be a tax and a change to the Colorado Constitution. This would have imposed a real estate transfer tax on the transfer of all real property in the state of Colorado.
HB17-1309 – Documentary Fee to Fund Affordable Housing - this bill would have raised the documentary fee that is charged by the county clerk and recorder for recording the transaction of real property in order to fund affordable housing.
Because the dream of homeownership should include attainable and affordable housing, CAR has encouraged the state to commission a study on the amount and availability of funds through government and private programs to help with affordable housing. The last study was in 2008 and found that over $700 million was available each year for affordable housing in the state of Colorado.
HB17-1358 - Disclose Amounts Payable to Real Estate Brokers - this bill would have required that anyone acting as a broker in a sale or lease of real estate disclose in writing the commission earned for the transaction and each portion accounted for. It would also have required brokers to disclose their fees or basis for calculating their fees on all marketing materials relating to any specific property, including on-line MLS listings.
None of these successes would have been possible without the tireless efforts of the REALTOR® volunteers of the CAR LPC and the PPAR Public Policy Committee. These volunteers recognize that the real estate industry is one of the most heavily regulated industries in the nation and legislation at all levels of government needs to be closely monitored to ensure the protection of private property rights and the free enterprise system.
These successes were also made possible by all the REALTOR® members who donated to the REALTOR® Political Action Committee (RPAC). These funds are used to support or defeat legislation that would be harmful to homeownership and the real estate industry.