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Solar Panels: Let the Sunshine In But Only After Approval (CO)

Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels on homeowners’ properties, but associations are allowed to adopt reasonable rules governing such installation, which can be based on aesthetic considerations and to

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Mountain Law: Cracking Colorado’s condo conundrum

In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but

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It’s a Bird, It’s a Plane….Actually, It’s a Drone

Drones are everywhere. The government uses drones, Amazon.com uses drones, weather forecasters use drones, and, low and behold, homeowners use drones. The question then becomes what, if anything, can an association do to regulate drones.    Read the article…………….

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Supreme Court Rules in Vallagio: No Amendment for You! (CO)

This week, the Colorado Supreme Court announced Vallagio at Inverness Residential Condo. Ass’n v. Metro. Homes, Inc., 2017 CO 69, holding (1) the Colorado Common Interest Ownership Act (“CCIOA”) permits a developer–declarant to retain the right of consent to amend

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Supreme Court Affirms Declarant Consent Required for Removal of Arbitration Provision for Construction Defect Claims

On June 5, 2017, the Colorado Supreme Court issued its ruling in Vallagio at Inverness Residential Condominium Ass’n, Inc. v. Metropolitan Homes, Inc. et al. (Supreme Court Case No. 15SC508).  The Supreme Court affirmed the court of appeals and ruled:

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Colorado Supreme Court gives a boost to builders in construction defects battles

The Colorado Supreme Court gave builders a reason to cheer Monday, ruling that a homeowners association in Centennial was wrong to ignore a requirement that it first get consent from the developer before changing the way disputes over construction defects

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Steps to Getting Licensed as a Community Association Manager

As you know, HB13-1277, otherwise known as the Manager Licensing Bill, required all community association managers to be licensed by July 1, 2015. We still get several questions on the steps necessary to get licensed as a community manager, as

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Construction Defect Reform in CO; HB 1279: Pluses, Pitfalls & Practical Pointers

Construction defect litigation reform will take a small step forward this week when Gov. John Hickenlooper signs HB 1279 on May 23, 2017. HB 1279 will go into effect immediately after signature by the Governor, and developers and residential builders

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Wait…We Need Lender Approval On Our Amendments?

So you’ve gone through months, if not years, of hard work with board members, committee members, and the owners to finally amend the declaration for your community, and owners have finally approved those amendments. Celebration time, right? Well maybe, or

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When a Property Owner Association Approves Plans Then Rescinds Its Approval, Can It Be Held Financially Responsible? (CO)

The Supreme Court of Colorado answered that question in Mac McShane and Cynthia Calvin v. Stirling Ranch Property Owners Association, Inc. (2017 CO 38).  Mac McShane and his wife, Cynthia Calvin (“Owners”) bought property, hoping to build a multi-story home

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Compromise Bill on Construction Defects is Ready for Governor Signature (CO)

On May 4, 2017, House Bill 17-1279 gained final unanimous approval in the Senate after unanimous approval in the House on April 24, 2017. H.B. 17-1279 has been referred to Governor John Hickenlooper to be signed into law.  H.B. 17-1279

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Avoid the Summertime Blues, Swimming Pool Do’s and Don’ts

Summertime is right around the corner and associations everywhere are getting ready to open their pools for the season. However, along with the sun, fun, and endless splashes, pools come with potential risks and liabilities for an association. Outlined below

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Owner Approval for a Construction Defect Lawsuit?

On March 17, 2017, House Bill 17-1279 was introduced and assigned to the State, Veterans, and Military Affairs Committee. The original intent of H.B. 17-1279 was to open the lines of communication between the association board, the association members, and

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Colorado House Bill 1279 stalls over 120-day unit owner election period

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last

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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.

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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

There certainly must be a fine line for homeowner associations to ensure they are taking reasonable action to address quid pro quo and hostile environment harassment when appropriate,

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Short Term Rentals

The dramatic increase in STRs has compelled many common interest communities to consider ways to restrict, or at least regulate, leasing in their communities

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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

On Monday, September 12, the U.S. House of Representatives approved CAI’s proposed changes to H.R. 1301.

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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…..they are providing additional protection to the owners who live in the community.

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Rain barrels in Colorado – what you need to know

Next Wednesday, August 10 is the first day that most Colorado residents can legally collect rainwater off their roofs into rain barrels.

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

I can guarantee that the race for POTUS and all of the down ticket races will pick up steam and folks living in HOAs will want to place political signs for their favorite candidates and ballot issues in their yards

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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.

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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,

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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.

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Rigging an Election? This is Serious

Apparently, the charges all related to the director’s efforts to take, complete, and submit ballots for absentee owners without their permission

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Social Engineering Coverage—Nothing to Do with Stem Cell Research

Social Engineering Fraud Endorsement that may be added to a fidelity/crime policy held by an association or another corporate entity

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The Business Judgment Rule

According to this rule of law, actions taken by directors of a nonprofit corporation in good faith, that are within the powers of the corporation, and that reflect a reasonable and honest exercise of judgment, are valid actions in accordance with the Business Judgment Rule.

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

news coverage has focused on demands that HOA property management companies provide invoices for the transfer fees charged to buyers or sellers

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

While seemingly dissimilar in nature, hoarding and marijuana have similar impacts on community associations.

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

the managing agent, as the agent, has a fiduciary duty to the association as the principal in all matters connected with the agency relationship

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