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The Board Member’s Toolbox for Building Community

As a Board member, it can sometimes be easy to focus on the operational functions of managing an Association rather than the larger picture: creating a Community that Homeowners and residents love to live in. Vendors of all sorts must

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Colorado finally corrects thirty-year old flaw in construction defect statute of repose

The Colorado Supreme Court has finally settled a decades-old conundrum surrounding the state’s construction defect statute of repose.  A statute of repose is similar to a statute of limitations insofar as both restrict the time a party can bring a

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Creating the right culture for your HOA

Power over our own destinies is inherently circumscribed by the matryoshka dolls of governance that preside over our existence. From the complexities of international diplomacy to our national sociopolitical boondoggle to the more specific doctrines emanating from state houses and

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Construction Defects and Insurance: Proactive Steps to Protect Your Community

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation

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The Latest Construction Defect Bill Requires Notice, Disclosure, and Approval Prior to Commencing an Action (CO)

Prior to the beginning of the 2017 Legislative Session, the legislature promised to address construction defect reform. True to their words, five different and, in some cases, competing bills have been introduced, aimed at addressing construction defects. The latest bill,

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Will a Statutory Right to Repair Construction Defects Increase First-Time Homebuyers? (CO)

On February 6, 2017, House Bill 17-1169 was introduced and assigned to the State, Veterans, and Military Affairs Committee. H.B. 17-1169 proposes a mechanism for a construction professional to offer to repair or offer to fund repairs for a construction

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Legislators still struggling over construction defects reform (CO)

The old adage goes, “If all you have is a hammer, everything looks like a nail.”  As the state’s construction defect reform battle wages on, the question is can stakeholders stop looking for problems and accept an assortment of tools

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Mandatory Arbitration for Construction Defects? (CO)

On February 1, 2017, Senate Bill 17-156 was introduced and assigned to the Business, Labor, and Technology Committee. S.B. 17-156 seeks to require mandatory mediation and/or arbitration for any construction defect action if the association’s governing documents previously required the

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Ham Radio Antennas – Congress Still Can’t Decide What To Do

During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which sought to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed, H.R. 1301 was detrimental to an association’s control over

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Could Your Personal Emails Be Exposed?

Imagine the worst case scenario: you are on the board, the board is embroiled in litigation, and the opposing side wants to know what was said in an email. Suddenly you may find yourself facing the possibility of a third

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Residential Storage Condominium Unit Bill Back for Another Round (CO)

Senator Bob Gardner (R) has introduced Senate Bill 17-078 (“SB 78”) to address the taxation of “residential storage condominium units.” If my memory serves me well, this is the third time this bill has been introduced in the Colorado General

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AirBnB’s in Denver? Not So Fast!!! (CO)

Airbnb’s continue to increase all over the country and, oftentimes, wreak havoc in community associations. Denver has a new ordinance 0262 that became effective December 31, 2016, throwing a slight monkey wrench into the process.  Pursuant to the new ordinance,

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So You’re on the Board….Now What?

You took the plunge! You volunteered, put your name on the ballot, and were elected. After the anticipation, the vote, and the satisfaction of being elected subside, you may realize that you are not exactly sure what to do as

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2017 Colorado Legislative Session Promises Focus on Construction Defects

The 2017 legislative session opens today in Colorado! For those of you who are political junkies, following the recent elections, here is what you need to know about the makeup of the Colorado House and Senate:  There are 65 seats

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The Importance of Monitoring Foreclosure Sales

As many of you know, the association is entitled to collect a super lien payment from a foreclosing lender when a property enters into public trustee foreclosure. The super lien amount consists of up to six months of regular assessment

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Landmark condo owners claim they were illegally added to a special taxing district. The Colorado Supreme Court is taking the case.

Condo owners in the Denver metro will have to take their nearly nine-year fight involving embezzlement and questions about whether Colorado’s Taxpayer Bill of Rights was violated to the Colorado Supreme Court, according to an announcement sent Monday.  The owners

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New Harassment Rules Added to Fair Housing Act

HUD recently issued its final rules regarding quid pro quo (“this for that”) harassment and hostile environment harassment under the Fair Housing Act. The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and

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Homeowner Rights & Responsibilities

As a homeowner in your Association, you have certain rights—and responsibilities.  You have the right to… ?A responsive and competent Community Association. As a member of a Homeowners Association or Condo Association, you are entitled to have your issues addressed

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New DORA Position on Supervising an Apprentice

The Director of DORA’s Division of Real Estate adopted a position to clarify the supervision requirements of a licensed manager over an apprentice.    Read the article……….

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New FHA Harassment Rule & Policy Recommendation

On October 14, 2016, the US Department of Housing and Urban Development’s (HUD) new rule on quid pro quo and hostile environment housing practices under the Fair Housing Act (FHA) goes into effect. This new rule creates liability for housing

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Short Term Rentals

Short-Term Rentals (“STRs”), which can encompass everything from nightly rentals to thirty day rentals to six month rentals, have become a hot button issue in common interest communities since the inception of websites such as airbnb, VRBO and HomeAway. The

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New Fair Housing Act Regulations Become Effective October 14, 2016

Last week, the U.S. Department of Housing and Urban Development (HUD) released final regulations related to quid pro quo and hostile environment housing claims under the Fair Housing Act. Some of the new regulations which go into effect on October

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Ham Radio Antennas – Associations Have to Allow Them, But Have Some Control

During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which seeks to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed HR 1301 was detrimental to an association’s control over

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LIGHTS … CAMERA … LEGAL ACTION! Do Associations Increase Their Liability by Providing Security Measures?

Many owners in common interest communities might assume that when their association takes steps to increase security – such as installing street lights, security gates, surveillance cameras, etc. – they are providing additional protection to the owners who live in

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Rain barrels in Colorado – what you need to know

Are you ready for rain barrels?  Next Wednesday, August 10 is the first day that most Colorado residents can legally collect rainwater off their roofs into rain barrels. Mother Nature doesn’t seem to have taken much note of it – the

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Political Signs in HOAs: What Residents, Boards and Managers Need to Know (CO)

For those of you who know me, you know that I’m a political junkie. But even for me, this political season has seemed like it has already lasted for an eternity and I don’t remember politics ever being quite this

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POKÉMON…STOP!!!???

In less than a week, according to Tech Crunch, Pokémon Go has surpassed the number of people using Twitter and exceeds the number of daily interactions with Facebook. This number does not even include the number of users in Europe

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Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue

On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed an implied

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Construction Defect Debate to be Heard by Colorado Supreme Court

The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals’ decision in May 2015, and the subsequent petition for certiorari review to

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Ham Radio Antennae—Do Associations Have to Allow Them?

During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill that seeks to prohibit associations from banning Ham Radio antennae in their communities. This bill has been vehemently opposed by CAI for various reasons, and

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Rigging an Election? This is Serious

What is it about community associations that sometimes bring out the worst in people? Is it that we’re dealing with people’s homes? Do we not like somebody else telling us what we can and can’t do? Is there a sense

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Social Engineering Coverage—Nothing to Do with Stem Cell Research

When I see the words “social” and “engineering” in one sentence, my brain immediately goes to the scientific and medical side. But in this case, we’re talking about something completely different. The term, in this case, refers to the Social

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The Business Judgment Rule

Board members often ask us, “What is the standard of conduct for the board of a common interest community?” The standard of conduct is known as the Business Judgment Rule. According to this rule of law, actions taken by directors

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HOA Transfer Fees: Access to Information Available Now (CO)

HOA transfer fees are getting some attention in the news again this week. In particular, news coverage has focused on demands that HOA property management companies provide invoices for the transfer fees charged to buyers or sellers of properties within

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Hoarding & Marijuana…. What’s an Association To Do?

In addition to risks experienced by first responders responding to emergency calls, health problems include falls or accidents in the unit, clutter, garbage, animal or human feces, and the resulting mold or infestation can also cause respiratory and other health

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Duties of the Managing Agents and Liability for Failure to Carry Out Those Duties

A managing agent’s duties to the association can arise out of the common law relationship of an agent to a principal, or by virtue of the contractual relationship between the managing agent and the association, or both. In the same

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Bankruptcy of Owners and Effective Association Assessment Collections

Collection issues are particularly challenging to owner associations when an owner files for bankruptcy.  Owners can file 3 different ways for bankruptcy under federal law   Read the article……………

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Assessment Collections Through County Court Lawsuits

The Association and the Board of Directors have duties to collect assessments due the owner association.  Most owner associations use many or all of the following collection tools:      Read the article…………..

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Court Approved Declaration Amendments

A part of CCIOA, applicable to all common interest communities (as common interest communities defined in CCIOA) created allows Colorado District Courts a special, restricted ability to amend Declarations by court order. The statute is 38-33.3-217(7). The statute allowing this

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Are Your Governing Documents Putting Your Community At Risk?

Many common interest communities have not kept their documents current with changes in the law, changes in their community or changes in governance and operations of their association. Additionally, many communities have not formalized amendments owners have approved to their

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Marijuana and HOAs – What Can HOAs Do?

Odors from marijuana have now come to the forefront. Not just from smoking, but from cultivation.  For many attached home communities, the issue is no longer theoretical, it’s practical – smoke from marijuana use and odor from marijuana cultivation is

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Consensus Building for Community Associations

Community Associations, their board members and managers are responsible for carrying out business that protects literally hundreds of thousands to millions of dollars worth of real estate. Daily problems arise that range in magnitude and importance, but all require sound

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6 Ways to Be a Good Neighbor This Winter

Winter weather got you down? Take these six steps to a happier, safer winter season.   Read the article…………

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Colorado HOAs can now restrict short-term rentals

Can HOAs restrict short-term rentals? Until the Colorado Court of Appeals addressed the issue last year, in a case called , there were no Colorado decisions directly on this subject.    Read the article………..

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Director clarifies which records community association managers are required to keep post-termination

As we all know, the new manager licensing regulations impose a number of requirements on community association managers (“CAM”) and CAM companies. One such regulation, Rule F-1(2), requires the CAM or CAM company to keep and retain a copy of

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Associations and Loans: Review Your Documents Before Plunging In (CO)

Now that the economy is at an upturn and associations are feeling more financially stable, many associations are investing in capital improvements for their communities. Whether it’s installing a new swimming pool in the community, installing all new roofs, or

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The Importance of Process

We often get questions about how important it is that a particular notice goes out as required by the Bylaws or the Declaration or a particular policy. Typically, a manager or a board member will call and explain that they’ve

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Planning in Community Associations

We probably all set goals for our community associations, but are they only in response to a short-term agenda for that year? Will they lead to the overall success of the association in years to come? Every board needs to

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Attention All Pitiful and Prolific Poopers!

I read this article in the Denver Post about a pet owner not picking up the poop of his Teacup Chihuahua in his HOA. This association has a rule requiring all owners to pick up after their pets and is

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Rules are Rules

Funny story. A condominium association I represent is located in such a way that I could see their amenities – a small swimming pool and tennis courts – from my office window. One summer, the association was involved in some

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