811 Requirements and Liabilities
Did You Know?
811 is a statute-created, statewide organization that notifies property owners of upcoming excavation and digging. Homeowners Associations are generally required to be registered with 811, the Colorado Notification Association (“811” or “Notification Association”), if they own underground pipes, cable, wires, or other similar lines (known as underground facilities) that cross public ways.
811 Registration
To find out if your HOA is registered, it would be best to contact 811 directly. Member Services will assist you in determining your HOA’s registration status. Member Services can be reached by phone at (303) 232-1991, or by email at member-services@co811.org.
The 811 statutes originally called for owners of underground facilities to be registered as either Tier 1 or Tier 2 members. Tier 1 members receive notification of upcoming excavation directly from 811. Tier 2 members had to receive notification from the excavator. Now, 811 is in the process of converting all members into Tier 1 membership. As of January 1, 2019, 811 provides electronic notification to Tier 2 members at no cost for 24 months. On January 1, 2021, all members are required to register as and maintain Tier 1 membership.
Potential Liability
Failure to register with 811 may result in liability for your HOA. C.R.S. § 9-1.5-104.5 provides that an owner or operator of an underground facility who does not join the 811 Notification Association shall have strict liability for any cost or damage incurred by the excavator as a result of the owner’s failure to comply with 811 registration, as well as be subject to penalties. An exception to the registration requirements exists that states that membership with 811 does not apply to owners of underground facilities where no part of their facilities are located under a public street, county road, alley, or right-of-way dedicated to public use.
To avoid potential liability, we recommend that your HOA register with 811, even if you are unsure of what pipes and underground lines are owned or where they are located. Alternatively, if the HOA is already registered, we recommend following up with 811 to determine your current registration tier. If you are currently a Tier 2 member, consider starting the process to become a Tier 1 member. 811 can process only so many conversion requests at a time; starting now will make sure you’re in compliance with state law by the January 2021 deadline.
Want more information on 811 registration for your HOAs? Contact us at: info@westernlawgroup.com
Contact us at: info@westernlawgroup.com or give us a call at: (720) 542-8724.
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