On August 5, 2024, the Board of County Commissioners of Weld County adopted Resolution No. 2024-2085, which waives the Board’s right of first refusal to purchase, with a matched offer, “qualifying properties” (multifamily residential or mixed-use residential property consisting of not less than five units that is existing affordable housing, excluding a mobile home park), granted in C.R.S. §29-4-1202(2)(a), until and unless the waiver rescinded by and through a subsequent Resolution or Ordinance duly passed and signed by the Board. This means that sellers of such “qualifying properties” are not required to notify Weld County as required by C.R.S. §29-4-1202(3).
Resolution
Re: Approve Waiver of the Right of First Refusal Granted to Weld County by and Through C.R.S. §29-4-1202(2)(a)
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and
Whereas, pursuant to C.R.S. §29-4-1202(2)(a), local governments are granted a right of first refusal to purchase, with a matched offer, “qualifying properties” (multifamily residential or mixed-use residential property consisting of not less than five units that is existing affordable housing, excluding a mobile home park), and
Whereas, C.R.S. §29-4-1202(2)(a) authorizes the governing body of the local government to waive such right of first refusal by posting a notice “in a conspicuous location on its website indicating that there is a waiver and that residential sellers with qualifying properties within its jurisdiction do not have an obligation to comply with the requirements of C.R.S. § 29- 4- 1202(2)(a) and to provide that notice to the Colorado Housing and Finance Authority, and
Whereas, after review, the Board deems it advisable to waive said right of first refusal until such time as the Board chooses to rescind such waiver by and through a subsequent Resolution or Ordinance duly passed and signed by the Board.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the right of first refusal to purchase, with a matched offer, “qualifying properties” (multifamily residential or mixed-use residential property consisting of not less than five units that is existing affordable housing, excluding a mobile home park), granted in C.R.S. §29-4-1202(2)(a), be, and hereby is, waived.
Be it further resolved by the Board that the Weld County Clerk to the Board be, and hereby is, directed to post this Resolution as notice of such waiver prominently on the Weld County website.
Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed to send a copy of this Resolution to the Colorado Housing and Finance Authority.
Be it further resolved by the Board that this waiver be, and hereby is, effective on Wednesday August 7, 2024 (the Effective Date of House Bill [HB] 24-1175), and shall be in force until and unless rescinded by and through a subsequent Resolution or Ordinance duly passed and signed by the Board.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2024.
Board of County Commissioners of Weld County, Colorado