Colorado Articles

Back to homepage

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

Read More

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

Read More

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

Read More

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……….

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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……………

Read More

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…………..

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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…………

Read More

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………..

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

Declaration Amendment Petitions – Shall Means Shall! (CO)

Today, the Colorado Court of Appeals issued an opinion addressing the statutory declaration amendment process set forth in C.R.S. 38-33.3-217(7). This process allows community associations that have sought to amend their declaration, and received fewer approvals than required to amend

Read More

Fair Housing News – Again

We’ve written many times before that community associations are bound by the provisions of the Fair Housing Act. There is a lot of information available about the Fair Housing Act, who it applies to, what it takes to comply, and

Read More

CCIOA v Collection Policy

By now, we all know that prior to an association turning a delinquent account over for collections, certain procedures under CCIOA must be followed. One of those procedures is sending of a notice of delinquency to a delinquent owner that

Read More

The Roles of the HOA and Legal Counsel

WesternLaw Group’s newest article, “The Roles of the HOA and Legal Counsel“, was published in Common Interests (CAI Rocky Mountain Chapter, July 2015). Written by Brian Denlinger. Available here.

Read More

Condo Association Sued for Sexual Harassment National Origin Discrimination and Retaliation

Vail Run Community Resort Association, Inc., a condominium complex in Vail, Colo., and its management company, Global Hospitality Resorts, Inc., violated federal law by allowing a housekeeping manager to sexually harass Mexican female employees, including attempted rape, the U.S. Equal

Read More

HOA Board Meeting Basics: Exceptions to Open Meetings Limited

In my first installment of this blog series entitled HOA Board Meeting Basics, I discussed whether the Colorado Common Interest Ownership Act (“CCIOA”) or the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) require that members of an HOA be provided

Read More

HOA Board Meeting Basics: Notice to Members and Agendas

Just last week, I had the privilege of teaching a class for the Aspen Pitkin County Housing Authority on HOA meetings. Since my friends in Aspen and Pitkin County had numerous and excellent questions relating to meetings, I thought it

Read More

Committee Do’s and Don’t’s

Committees can be the lifeblood of an association. They can be the best thing since sliced cheese or your worst night mare. I was contemplating why some committees are a blessing while others are a curse and came to the

Read More

Construction defect reform advocates lose at state house (CO), then win in court

When a new condominium project is built in Colorado, there is a high possibility that the developer will eventually be sued for construction defects. As a result, many developers say that it is simply not economical for them to build

Read More

America’s Birthday and Flags

On the cusp of America’s birthday, I get to thinking about our national flag – what it represents, and the emotions it evokes in people throughout the world. We all have our own ideas about these things, and how important

Read More

Food for Thought: Unlicensed Practice of Law Opinion

While community association managers in Colorado have been working through the state mandated licensure process, the ‘hot button’ topic of discussion in Florida has been the Florida Supreme Court’s May 14, 2015 Advisory Opinion regarding the unlicensed practice of law

Read More

Are You Carrying Enough Loss Assessment Coverage?

I was recently told a story about a condominium association that is carrying property insurance coverage on their condominium units which includes a $50,000 per unit deductible on water related losses! Evidently, this association has also adopted a policy which

Read More

You Can’t Enforce That!!! Oh yes we can.

It is not unusual for us to encounter communities with strict restrictive covenants that have not been enforced in a strict manner.  Much of the time, this is due to apathy or ignorance.  In other circumstances, Board turnover results in

Read More

Updated Community Association Manager Licensure Application is Complete (CO)

The Colorado Division of Real Estate has hit the ball out of the park! Within an hour after informing them that Section 5 of the Community Association Manager License Application needed to be updated to include a category for managers

Read More

Finnegan’s Fundamentals of Responsible Canine Companionship

My name is Finnegan and I live in an HOA. Since I understand people complain a lot in HOAs about dogs, I thought it might be helpful for pet parents to hear directly from a beagle about the fundamentals of

Read More