The Eagle's View

I will be very honest...selling your home in Colorado between the middle of November and the end of December is VERY, VERY difficult. I know that it's the hot selling time of the year in places like Florida, but in Colorado you are almost better off waiting until after the holidays.

Sure, Realtors love to tell you that it doesn't matter, people are always buying and selling homes year round and "...their professional marketing plan..." gets results. Don't believe it. Just look at the statistics, December is the lowest point in the entire year for sold listings. People don't go shopping for homes in December, they shop for Christmas and Hanukah presents. People don't want to see homes in the dark and the sun goes down at 5pm! Buyers don't want to be packing during the holidays.

Not convinced? Consider this. Sales prices during the months of December and January typically experience a seasonal depression because sellers get nervous about selling their home and accept lower offers. This lowers the comparables so in effect you might loose money by selling in these months as opposed to waiting until Spring. Also consider that you will need to keep your home constantly clean and ready for showings at a moments notice, which isn't ever easy but especially when you are busy wrapping presents!

Now I have sold homes in December, in fact I even purchased my current home in December. But there are so few buyers as compared to spring and summer that your home has to be immaculate to sell at this time of year. Wait until after football season, every year without fail my phone begins ringing like crazy the day after the Super Bowl with people wanting to buy or sell a home.

Governor Owens signed Senate Bill 100 (SB 05-100) into law back in June and it goes into effect January 1, 2006. The bill provides increased protection for homeowners and trumps the rules of many HOAs.

The highlights of the 28 page bill include:

• Prohibits HOA from barring American flag, political signs and military service flags. The HOA may be able to restrict the size and times for these items to be displayed though.


• Allows homeowners to Xeriscape even if the HOA says no.


• Allows homeowners to remove trees, shrubs, etc. to create a defensible fire mitigation space.


• Allows homeowners to replace cedar or other flammable roof materials with non-
  flammable roofs.


• Requires a seller to obtain signed acknowledgement from a buyer that he has received the rules, budget, minutes, etc. of the HOA.


• Requires HOAs to furnish all homesowners annual, written contact information for the HOA management and results of most recent CPA-conducted audit.


• Voids any requirement for a minimum number of homeowners to join in a lawsuit against HOA


• HOA Board meetings must be open to homeowners


• Homeowners must have a reasonable opportunity to speak before a board takes action on a community issue.


• Requires HOA to provide 90 day written notice to homeowners before selling or encumbering community assets.

Homeowner associations will have to begin complying with these rules starting January 1, 2006. Make sure your real estate agent is aware of these rules too.