§ 11-49-102 — Escrow account for entrance fees

(1) Each provider shall
establish an escrow account that provides that all of any entrance fee received by
the provider prior to the date the resident is permitted to occupy the resident's
living unit in the facility be placed in escrow with a bank, trust company, or other
licensed corporate escrow agent located in Colorado and approved by the
commissioner, subject to the condition that the money may be released only as
follows:

(a) If the entrance fee applies to a living unit that has been previously
occupied in the facility, the entrance fee shall be released to the provider at such
time as the living unit becomes available for occupancy by the new resident and is
in compliance with local government regulations applicable to living units, as
certified by the provider.

(b) If the entrance fee applies to a living unit that has not previously been
occupied by any resident, the entrance fee shall be released to the provider at such
time as the commissioner is satisfied that all of the following conditions exist:

(I) Construction or purchase of the facility has been substantially completed,
and an occupancy permit covering the living unit has been issued by the local
government having authority to issue the permits;

(II) A commitment has been received by the provider for any permanent
mortgage loan or other long-term financing described in the statement of
anticipated source and application of funds submitted by the provider and any
conditions of the commitment prior to disbursement of funds thereunder have been
substantially satisfied;

(III) Aggregate entrance fees received or receivable by the provider pursuant
to binding life care contracts, plus the anticipated proceeds of any first mortgage
loan or other long-term financing commitment, are equal to not less than ninety
percent of the aggregate cost of constructing, equipping, and furnishing, or
purchasing the facility and not less than ninety percent of the funds estimated in
the statement of anticipated source and application of funds submitted by the
provider to be necessary to fund start-up losses and assure full performance of the
obligations of the provider pursuant to life care contracts.

(2) If the funds in an escrow account required to be established under
subsection (1) of this section are not released within such time as provided by rules
issued by the commissioner, then the funds shall be returned by the escrow agent
to the persons who had made payment to the provider.

(3) An entrance fee held in escrow may be returned by the escrow agent to
the person or persons who had made payment to the provider at any time upon
receipt by the escrow agent of notice from the provider that the person is entitled
to a refund of the entrance fee.

(4) Nothing in this section shall be interpreted as requiring the escrow of any
nonrefundable application fee designated as such in the life care contract received
by the provider from a prospective resident.

Legislative History

Source: L. 2017: Entire article added with relocations, (SB 17-226), ch. 159, p. 568, � 1, effective August 9. L. 2024: IP(1) amended, (HB 24-1381), ch. 350, p. 2389, � 59, effective August 7.