Introduced on January 19th, HB17-1095 would allow a process server to serve process upon another person when the process server is denied access to the subject’s residential community by a security officer.
While some states look to gain access to gated communities for the purposes of effectuating service, this rule goes one step further in allowing servers to serve the security guard at the gate. In addition to delivering the papers to the security personnel at the location, the documents must also be mailed at the address of the party to be served.
This bill also addresses security devices such as swipe access to gates. In the event a security device is present, then the process server can contact the property manager or a managing agent of the residential community to request access. Should the property manager or managing agent refuse to grant access, the process server can then leave the documents in a conspicuous location and mail a copy of the documents to the last known address. This also applies if the security personnel refuses to grant the process server access or to accept to the documents on behalf of the subject.
To read the full bill text go here.