Insights

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is proud to announce that the firm was awarded a 2022 Gold Fourteeners Award, as well as a Best-in-Show award for Results, from The Marketing Alliance.

Colorado Senate Bill 21-271 (SB 21-271) went into effect on March 1, 2022. Under SB 21-271, which overhauled Colorado’s sentencing laws for misdemeanors and petty offenses, an employer who executes an improper non-compete agreement may be liable for a class 2 criminal misdemeanor.

The City Council (“Aspen City Council”) of the City of Aspen, Colorado (“Aspen”) made extraordinary changes to Aspen’s real estate development regime at the end of 2021. Aspen City Council held a special meeting on December 8, 2021 for the second reading of proposed Ordinance #27, Series of 2021 (“Ordinance #27” or the “Ordinance”), which was unanimously approved. With its passage, Ordinance #27 places a moratorium on new land use applications, new residential development and the issuance of new vacation rental permits, which became effective on passage, and will continue through June 8, 2022, unless further extended.

As we reported in our November 2021 Client Alert, the City and County of Denver is in the process of evaluating its existing affordable housing requirements applicable to new development through a process the city calls its “Expanding Housing Affordability Project.”

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is pleased to announce that Allison P. Altaras and Cassandra Foster have been elected shareholders and directors of the firm. These new roles were effective January 1, 2022.

An increasing number of Colorado property owners are taking advantage of the Colorado Commercial Property Assessed Clean Energy program. Once the C-PACE financing documents are finalized with a capital provider, what happens next? Owners should take the following steps to operate their C-PACE projects effectively.

As of January 1, 2022, in addition to the district disclosures already required under C.R.S. 38-35.7-101, sellers of newly constructed homes within Colorado metropolitan districts are now required to deliver to each of their buyers a new set of disclosures. These disclosure requirements were adopted by the Colorado legislature in 2021 as part of a larger metropolitan district reform bill designed to increase transparency around district governance, disclosure, costs, and other matters.

In the fall of 2021, as the leaves started to change colors and the days were getting noticeably shorter, a law regulating the amount of retainage on private construction contracts quietly went into effect. Colorado’s Legislature passed HB21-1167, codified at Colo. Rev. Stat. § 38-46-101 et seq. (the “Act”), which took effect on September 7, 2021. Under the Act, retainage on private projects is now capped at 5% of the price of the work completed, subject to certain exceptions.

On October 1, Denver published the Expanding Housing Affordability Proposed Policy Approach drafted by city staff with input from an advisory committee comprised of stakeholders from both the public and private sectors.