HB 17-1095

HB 17-1095 is a Colorado bill that allows licensed private investigators to enter common interest communities, like HOAs or condominium complexes, to deliver legal documents (called "serving process") if they show their license and the documents. The bill also requires these communities to have procedures in place for allowing such deliveries without causing trouble. Additionally, it protects HOA managers and landlords from being held responsible for any damage caused by a private investigator serving legal papers, unless there was negligence involved. Since this bill has been signed into law, it is now enforceable legislation in Colorado.

Official Summary

The bill allows a licensed private investigator to enter a common interest community for a reasonable period of time for the sole purpose of serving process after he or she presents a copy of his or her private investigator's license and a copy of the documents to be served. A licensed private investigator who is allowed access to a common interest community to serve process shall not use such access to perform any investigative activities. A common interest community that is not staffed shall adopt and implement a procedure for allowing legitimate service of process to residents. An HOA, a community association manager of a common interest community, or a landlord of a residential premises is immune from civil liability for any damages caused by a process server who enters the community or premises to serve process to a resident unless such damages are at least partially attributable to a negligent act or omission by the HOA, community association manager, or landlord. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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