Skip to content

The HBA Advocate Newsletter | May 7, 2024


May 7, 2024

In this edition:

  • Larimer County to Vote on City of Thornton’s 1041 water-pipeline permit this week
  • Colorado General Assembly fails to pass SB24-106, Construction Litigation Reform Bill
  • Commerce City to retroactively charge 2023 fee assessments

Larimer County Approves City of Thornton’s 1041 Water Pipeline Permit Application

On November 20, 2023, the City of Thornton formally submitted a new application asking Larimer County to approve a permit to build a buried water pipeline for transporting water to Thornton. The Thornton Water Project will deliver an average of 14,000 acre-feet of high-quality water that Thornton owns in the Water Supply and Storage Company System (WSSC) to its residents. This project is critical to ensure water supply reliability and drought resiliency; provide drinking water that is protective of public health, safety and welfare; support the availability of housing; and meet municipal water demands in the city through 2065.

The City of Thornton has presented at numerous hearings over the past two months including before the Larimer County Planning Commission on April 10, and before the Board of County Commissioners on April 22 and May 6. Yesterday’s hearing was primarily scheduled to provide an additional opportunity for public comment, which almost entirely focused on diverting the water through the Poudre River. One final hearing is scheduled for later this week on May 9, which will provide the City of Thornton an abbreviated opportunity for formal rebuttals with a vote on the final approval of the project scheduled later that evening.

This project is critical to ensuring our industry’s ability to meet the long-term housing needs of Colorado’s growing population for decades to come. The HBA will be actively participating in the hearing process, and we are encouraging our active builders and developers in Thornton to do the same. The HBA will be scheduling a stakeholder meeting with the City of Thornton to discuss next steps and timelines once final approval is granted.

Colorado Legislature Fails to Pass SB24-106, the Construction Litigation Reform Bill - SB 24-106

Senate Bill 24-106 - the construction litigation reform bill introduced earlier this session by Senators Zenzinger and Coleman and Rep. Bird - was able to make its way through the upper chamber this session and was introduced in the House. It soon became apparent that there was not enough votes on the House Transportation Committee to ensure final passage with just a handful of days left on the legislative session calendar.

From its inception, the primary objective of the legislation was to overcome the main barrier to condominium development in Colorado, which is the expense and difficulty getting general liability insurance products for the construction industry due to the high risk of litigation over construction defects.

The bill attempted to make reasonable changes to address this problem by focusing on two things - making sure that homeowners cannot sue over technical code violations that do not harm the quiet enjoyment and safety of a home, and transparency and consent in the process surrounding an HOA’s decision to pursue litigation on behalf of an entire association of condominiums.

Although the bill’s proponents worked in good faith to find common ground, while offering and accepting numerous amendments from opposition groups, it became apparent that no resolution could be found that would achieve the core objectives of the bill - bringing insurers back to the condominium market and ensuring aspiring homeowners in Colorado have access to entry level housing options.

Commerce City to Retroactively Charge 2023 Fee Assessments

In late March, Commerce City Manager Jason Rogers sent a letter to all active builders in the city that pulled a permit in 2023 to let them know about pending charges related to unassessed fees. The city passed a series of fees early last year that went into effect on May 1, 2023. Apparently, the city failed to adequately update its permitting software to capture the new charges over the course of the year. The letter gives builders 90 days to pay the outstanding fees that the city failed to assess last year. For some of our larger builders, this amount is in the hundreds of thousands of dollars. Obviously, this issue is concerning since many of these homes have already been built and sold without taking these new fee assessments into consideration. The HBA is in the process of gathering additional information on the situation and will be updating our builders on any new developments.

HBA of Metro Denver Issue Tracker
Questions on what is happening in a specific city or county? The HBA is regularly monitoring the council and board activities in every political subdivision in the metro Denver area. Our Issue Tracker offers a great resource to learn about the issues being deliberated with links to agendas, packets and ordinances. The HBA of Metro Denver HBA Issue Tracker is available  to all members here.



HBA is looking for Members to Participate in Advocacy, Regulatory and Technical Committees in 2024

As a volunteer-driven organization, the HBA's Jobsite Safety CommitteePermitting CommitteeRegulated Utilities Committee and Stormwater Management Committee help guide the HBA's events and activities throughout the year. Consider joining one, or more, if you want to build strong, long-lasting relationships and make a difference to your fellow HBA members, while sharpening your leadership skills. Please visit the HBA website for more information or reach out to Morgan Cullen if you are ready to participate.

Thank you to HBA's 2024 Organizational Partner:

Corporate Partners:

Contact Connie Dahl for more info on becoming an HBA Sponsor, or visit for more information!

Scroll To Top