A Highlands Ranch homeowner says her HOA has refused to pay for repairs after a water heater burst on the second floor of her townhome. Mel Cunningham said the water caused damage to her ceiling and floors. “I pursued my personal insurance thinking that it’s a standard homeowner’s claim,” Cunningham said. “As we worked through […]
Woodmoor residents fight to save open space from development (CO)
Since Angie Curry moved to south Woodmoor east of Monument about two years ago, she and her neighbors have hiked on 135 acres of open space nearby. But those days might be coming to an end since the land has been listed for sale for $4.75 million. The property, being marketed by Quantum Commercial Group […]
Woodmoor Residents take action to save open space from development (CO)
Angie Curry moved to the south Woodmoor community more than two years ago. The 135 acres of open space near her home provided her with a place to enjoy the outdoors. Curry and her neighbors often go for hikes in the field that offers views of Pikes Peak and the Front Range. But those days […]
Red Rock Ranch chosen for Firewise pilot program (CO)
The Waldo Canyon Fire was just miles away in 2012. Then, the Black Forest Fire burned across I-25 in 2013. Residents in the Red Rock Ranch HOA have watched mammoth wildfires burn all around them. Now, they’re turning that fear into action. The HOA of more than 200 homes became a Firewise community in 2017 […]
Centennial woman says dog sickened by rat poison, seeks reimbursement of costs (CO)
When Patty Capson’s Shepherd mix, Titus, became lethargic just before Christmas, she thought he was a little depressed. “He got worse,” she said. “He began vomiting and was just getting sick.” Capson told Contact7 that’s when she remembered picking up a note that had been stuck on her front door. “It said a rat station […]
Heather Gardens turned back over to HOA 2 months after fire, explosion (CO)
Two months after a fire and explosion killed one person and left two others injured at a retirement community in Aurora, the location has been turned back over the homeowner’s association. Read the article………………….
Cybercriminals duped attorney, made off with $200k in settlement funds (CO)
A Denver lawyer is being sued by a former client, which said the attorney was duped by a cybercriminal that ended up making away with more than $200,000 in settlement money. Dublin Terrace Townhome Owners Association Inc, which represents residents of a development in Colorado Springs, filed a lawsuit against attorney Michael Hearn and his […]
Heather Gardens turned back over to HOA 2 months after fire, explosion (CO)
Two months after a fire and explosion killed one person and left two others injured at a retirement community in Aurora, the location has been turned back over the homeowner’s association. A release from Aurora Fire Rescue says that the department has finished the portion of their investigation that required them to keep control of […]
Rent out your home on sites like Airbnb? You’ll have to abide by new rules next month (CO)
Those who rent out their homes on sites like Airbnb and VRBO will now be required to alert their insurance companies in addition to Denver and their homeowners association. Read the article………………..
Lawsuits, lenders and irked homeowners creating chaos around the sale of Granby Ranch ski resort (CO)
As an unnamed buyer circles Grand County’s privately owned Granby Ranch ski area, a roiling circus of family, lenders and homeowners is assailing resort owner Marise Cipriani. It’s not a pretty scene at the picturesque 5,000-acre ski and golf resort along the Fraser River, which Brazilian developer Cipriani has owned since 1995 and put on […]
Exasperated homeowners still waiting for hail damage repairs nearly two years after huge storm (CO)
Residents who live at Garrison Village in Wheat Ridge can finally see the light at the end of the tunnel, but they are not happy. Their homes were heavily damaged during a hailstorm on May 8, 2017. Repairs were made to the roofs, but the west facing siding and shattered windows are still covered with […]
Residents upset with Denver Water over prairie dog management (CO)
A neighborhood was convinced Denver Water was working with them to protect a colony of prairie dogs, but the utility company decided to hire an exterminator instead. The small rodents are living on a lot owned by Denver Water near Quebec Way and Florida Avenue. Some residents complained that the animals were digging holes and […]
Vet struggles to climb stairs as Heather Gardens takes elevator out of service for code upgrade (CO)
Imagine walking up four flights of stairs and getting so winded that you have to stop at each landing to catch your breath. That’s the reality for Vietnam War vet Allen Sanchez. The 69-year-old Aurora resident said he’d normally use his motorized wheel chair to zip in and out of the elevator. Once downstairs, he […]
Denver goes after landlord for tenant’s marijuana grow (CO)
Albert Monson is a firefighter for the U.S. Department of Defense. He lives in Bahrain, a tiny Arab country next to Saudia Arabia, where he puts out oil well fires. But he owns a condo in Denver and the city attorney’s office wants him to pay up for the crimes of a tenant he never […]
RVR golf course sale still concern for community (CO)
Rands sought for months to convince the town of Carbondale to rezone the driving range for high-density, multi-family housing. The golf course announced in July that it might have to close for good unless the neighborhood allowed rezoning for development or agreed to fees to keep the links open. The golf course was simply not […]
Defunct HOA offers to gift Breckenridge, Summit County 20 acres of land in Illinois Gulch (CO)
A homeowners association that disbanded 20 years ago but still owns eight parcels of open-space land has offered them to Breckenridge and Summit County free of charge. All the town and county would need to do is cover title insurance and closing costs, said Scott Reid, the town’s director of recreation. Last week he described […]
River Valley Ranch Golf Club headed into the rough (CO)
The River Valley Ranch Golf Club in Carbondale may have to close at the end of the current golf season unless a resolution comes forward in the meantime, according to reports from a recent meeting of the RVR Homeowners Association Read the article………………..
HUD accuses Denver condo of discrimination (CO)
The HUD complaint states the six-story building with 164 units, discriminates against handicapped people by violating wheelchair accessibility codes under the federal Fair Housing Act. Read the article………………..
With HOA costs surpassing their mortgage payments, owners of affordable housing appeal to City of Boulder (CO)
When Adam Perry got home one afternoon in August, he had a notice on the door from his homeowners’ association (HOA) announcing the roofs around the Iris Hollow condominium complex were in dire need of repair. The notice said, “there’s a special assessment coming and it’s going to substantially increase your dues,” Perry recalls. “I […]
“People are pissed”: Residents of Aurora’s Heather Gardens demand answers after deadly gas explosion (CO)
Angry residents overflowed the Heather Gardens clubhouse in Aurora Tuesday to demand answers about a gas-leak explosion Friday night that killed an 82-year-old resident and leveled multiple homes. They left even angrier after receiving precious little information from Aurora Fire Rescue and their own community leaders. Read the article………………….
Arvada HOA approves backyard bees, then backs off its decision (CO)
Coloradans love nature, right? One Arvada family says they thought that was true when their Homeowners Association approved their backyard beekeeping, but now the HOA is doing an about-face. Read the article……………..
Owners of Denver lakefront homes sue realtor over water rights (CO)
A Denver Realtor is in deep water with the buyers of multiple waterfront properties he listed. Plaintiffs Koren and Michael Vining, Nicholas Hodgdon and Rhidian Orr last week sued Steve Travers of The Kentwood Co. in Denver County District Court, alleging he misrepresented homeowners’ rights to Riviera Lake, a small body of water in southwest […]
Aspen condo association wants out of Ritz-Carlton litigation (CO)
The Aspen Highlands Condominium Association is making a push to be removed from a class-action lawsuit brought on nearly three years ago by timeshare owners at the Ritz-Carlton Club. The condo association’s motion for summary judgment is the latest legal maneuver in a dispute over an affiliation the Ritz-Carlton Club established with Marriott Vacation Club […]
Monument homeowners take housing developer who allegedly walked off the job to Bankruptcy court (CO)
Monument homeowners take housing developer who allegedly walked off the job to Bankruptcy court. While Michael Curry, the owner of Freedom Homes may be out of business, that’s not stopping homeowners from trying to seize his assets in Bankruptcy court. Read the article………………
After hail storm, HOA requires upgraded shingles that insurance won’t cover (CO)
When a summer hailstorm wrecked thousands of roofs across the Front Range, one Centennial neighborhood was hit doubly hard. Homeowners’ Association rules required many homeowners to do roofing upgrades that insurance companies won’t cover, so residents are looking at paying thousands in out-of-pocket costs. Read the article………………
Cracked foundation and sinkholes: Brighton couple says dream home is a nightmare (CO)
It was their dream home with a view of the pond. A young family relocated from California to a brand new home in Brighton. But they’re ready to pull the plug because of constant issues from a nearby retention pond. Read the article………………
Community reflects on lessons learned from 2013 wildfire (CO)
Nearly a 100-mile drive from where the most destructive wildfire in Colorado history tore through Black Forest near Colorado Springs, John Van Doren worried about his own community in the foothills surrounding the mountain town of Bailey. Read the article………………Since becoming president of his homeowners association, Van Doren has become a big proponent of fire […]
Erie Airport officials sound alarm over nearby residential drone use, citing threat to planes (CO)
An uptick in recreational drone usage in Broomfield’s Anthem Ranch neighborhood has spurred officials with the Erie Municipal Airport, the subdivision’s neighbor, to reach out to its homeowners association out of concern the activity could soon affect air travel. Read the article………………
In The Spring Creek Fire’s Wake, Heartbreak Before A Long Recovery (CO)
The name almost seems cruel now. Paradise Acres. It’s a subdivision full of second homes and retirees just off La Veta Pass in southern Colorado, and it was one of the areas hardest hit by last summer’s massive Spring Creek Fire. “Welcome to paradise,” resident Michael Dent said, standing outside his scorched, but still-standing home. […]
One of three charged in time share scheme sentenced in Boulder District Court (CO)
One of two men accused of running a timeshare transfer scheme was sentenced in Boulder District Court on Friday to 10 years of probation. Timothy Hatcher will also have to serve 200 hours of community service, pay restitution jointly and be severally liable with his business partner, Kristopher Chavez. He faced up to six years […]
Relief on the way for Cañon City neighborhood plagued by flooding (CO)
A neighborhood plagued by flash flooding due to poor stormwater drainage design is finally getting the promise of relief from city leaders and its homeowners association. Dawson Ranch, on Cañon City’s far southwest side, endured millions of dollars in property and infrastructure damage from a severe hail storm on July 23. “Mud, boulders, it was […]
Mountain Law: Colorado winding down regulation of Community Association Managers
Community Association Managers are professional managers of homeowners associations. Once upon a time, CAMs were unregulated in Colorado. Then, in 2012, the state commissioned a study of how to address perceived issues involving HOAs. The study concluded that regulating CAMs would be a good step toward improving accountability in this area. The Legislature then passed […]
APCHA sending surveys to gauge HOA finances (CO)
The local affordable-housing authority that oversees ownership units in the program is sending out a survey to homeowner associations to get a handle on how many are underwater with their capital reserves and deferred maintenance. It is a massive issue at some complexes, such as Centennial, where there is not enough money in the coffer […]
Mountain Law: New Colorado law affects liability under snow and ice removal contracts
In the last state legislative session, the General Assembly passed, and Colorado Governor John Hickenlooper signed into law, Senate Bill 18-062 known as the “Snow Removal Service Liability Act.” The act is formally expected to go into effect in August 2018. The act is based on model legislation drafted by an industry trade group known […]
Colo. District Court vacates umpire’s $3.07M hail award in appraisal fairness case
A Colorado federal judge this month threw out a more than $3.07 million award to a homeowner’s association after concluding its appraiser and umpire acted improperly and “engaged in conduct that prejudiced the appraisal process and distorted the final award” against American Family. The July 23 Colorado District Court verdict in Copper Oaks v. American […]
Pre-CCIOA Communities Right to Veto Budget Bill Signed Into Law by the Governor (CO)
In prior blog posts we discussed House Bill 18-1342, which proposed that all pre-Colorado Common Interest Ownership Act (“CCIOA”) communities, i.e. communities formed prior to July 1, 1992, comply with the budget veto process found in Section 303(4)(a) of CCIOA. Section 303(4)(a) was, previously, only applicable to post-CCIOA communities. HB 18-1342 has been signed into […]
Centennial owners in Aspen take case to appeals court (CO)
The Centennial Owners Association introduced an opening brief this week with the Colorado Court of Appeals, arguing the lower court’s decision in October “would gut affordable housing in Colorado — ending a public policy legacy spanning nearly 85 years.” The appeal had been expected, In November, the owners filed court papers saying they would contest […]
We can do better than ‘Lose – Lose’ at Centennial (CO)
Could of, should of, or must of –– does the theory of “Moral Hazard” mean we should punish the residents of Centennial or Puerto Rico for the alleged bad judgment of past leaders? Being a locally grown column, I won’t spend much time on Puerto Rico except to ask how do we expect a country […]
Supreme Court makes landmark ruling for condo developers (CO)
The Colorado Supreme Court on Monday upheld the right of condominium developers to require disputes go to binding arbitration, essentially putting into state law a contentious provision that construction-defects reform advocates said was the key to reviving a largely defunct condo market but could not get legislative Democrats to back. Read the article…………….
Shoddy condo construction lawsuits in Colorado just got harder to file, but that doesn’t mean development slumber is over (CO)
Declaring that the measure “will help make our housing more affordable,” Gov. John Hickenlooper on Tuesday signed into law one of the most hard-fought compromises of the 2017 session — a bill that will make it more difficult to sue builders for shoddy condo construction. Business leaders for years have been seeking wholesale reforms […]
Vail records more than 1,400 unlicensed vacation rentals (CO)
Owners who use internet services to rent out their condos, townhomes and other units for short-term rentals are supposed to get Vail business and sales tax licenses. That isn’t happening. As rent-by-owner services including Airbnb and Vacation Rentals by Owner have become common options for travelers, cities of all sizes have struggled with how to […]
Leadership is lacking in Colorado’s construction defects battle
The legislative deadlock over construction defect liability has revealed an ugly truth: our state government can’t solve pressing urban problems. Our governor and mayors look on from the sidelines, while two interest groups negotiate over the critical housing issue facing our cities. Political leadership is in short supply. Read the article…………….
Latest (and Greatest) Colorado Construction Defect Reform Bill—SB17-156
The lack of more affordable housing in Colorado has been well documented over the last several years, and there have been a number of attempts to address reform of the current laws by legislative action. More than 13 communities with 2.5 million residents have passed local ordinances to promote condo development to provide owner-occupied, multi-family […]
(CO) Capitol Conversation: Construction Defects
Lawmakers in both parties are trying to make it more difficult for homeowners to sue condo developers over construction defects. They hope it will lead to more condo development and lower rents. But despite widespread support for the concept, legislation hasn’t been able to pass in previous years. We talked about the issue with Peter […]
Condo units in the Timbers can now rent short term (CO)
The Mt. Crested Butte Town Council approved a new plat for the Timbers Condominiums that includes an amendment allowing for short-term rentals. The Mt. Crested Butte Planning Commission recommended approval of the second amendment to the plat, as well as 70 percent of the Timbers unit owners. The original document contained a clause that disallowed […]
Aspen service-dog suit settles (CO)
An Aspen woman’s discrimination lawsuit against a condominium association and a property-management firm over her use of a service dog is on the verge of being settled. Court papers introduced earlier this month indicate plaintiff Natasha MacArthur has reached an agreement with defendants Aspen View Condominium Association, two of its board members and First Choice […]
Action Line: Political signs, road closures and bed bugs
QUESTION — Can a homeowner in a homeowners association place political signs in their yard or at their condominium? ANSWER — My editors said everyone knows what an HOA is, but there was a lot I didn’t know about them, so I’m going to explain it. Read the Q&A……….
FHA Proposes Rule Restricting Reverse Mortgages in Super Lien States
Recently proposed changes in FHA lending programs and guidelines could have drastic effects for 22 states (including Colorado) and the District of Columbia. The proposed reforms would restrict owners’ eligibility for Home Equity Conversion Mortgages (i.e., reverse mortgages) in states where community association liens are provided “super lien” status Read the article……………
Appellate court rules against condo complex in Snowmass (CO)
The Colorado Court of Appeals has ruled against the Woodbridge Condominium Association in Snowmass Village, finding that it does not own a half-acre of land at its entrance and opening the door for the parcel to be possibly developed with a multi-family residential complex. Read the article………….
Colo. Court Case Puts Spotlight on Special Districts That Issue Munis
A broad ruling by the Colorado Court of Appeals in a case of a developer’s egregious fraud has sent lawyers to the state’s General Assembly for legislation to protect existing special districts that issue tax-exempt bonds. Read the article…………