Unfortunately, we continue to see major increases to insurance premiums in Colorado, and for some communities, insurance has become practically unaffordable. In fact, it is no longer unusual to see annual premiums ranging between $600,000 and $800,000 for some associations, with no sign of relief in the near future. Read the article……………………………
Homeowners pay for but seldom understand metro districts (CO)
Metropolitan (Metro) districts are mostly used to finance the construction of public infrastructure, usually for a residential development, that would otherwise be paid for by a governmental entity or private developers.Read the article………………………….
Denver Green Roofing Initiative and the Progression of Energy Efficient Roofing Systems
With the continued growth and modernization of urban areas comes the human response to energy efficiency and health. Surprisingly, roofing systems can play a large factor in this response. Energy efficiency in regard to roofing is not a new idea; however, it only truly began to gain traction in the United States in the early […]
Homeowner Association Flood Mitigation Measures (CO)
For any homeowner, the prospect of a flood is a daunting one. With Colorado seeing over five inches of rain in both May and June of this year, breaking a hundred-year record, the likelihood of experiencing a flood has been significantly higher than in a ‘normal’ year. Read the article………………………..
Modernized Lending Standards: New Fannie Mae Requirements in the Wake of the Champlain Towers Tragedy
Following the tragic collapse of the Champlain Towers South in Surfside, Florida, Fannie Mae took a significant step to modernize lending requirements. These new requirements place a greater emphasis on the property condition and the strength of the community’s reserves. In response to growing concerns about aging infrastructure and extensive deferred maintenance in certain buildings, […]
HOAs Cannot Prohibit Installation of Solar but can Enforce Reasonable Restrictions (CO)
For the past several years, the homeowner association (HOA) space has seen and continues to see many changes in regulation, including legislation around renewable energy options. Various states have taken a more proactive stance on the installation of solar panels, explicitly targeting HOAs that enforce restrictions on these devices Read the article………………………..
COLUMN: Respect your local HOA board members
The “Seinfeld” TV series in the 1990s had a running joke set in “Del Boca Vista,” a fictitious condo community in which his retired parents lived in Florida. Its Homeowners Association Board was a dictatorial, petty, nagging stereotype. That came to mind when I read a recent story in the Colorado Sun about ruthless HOA […]
When the Homeowners Association Comes for Your Home (CO)
A spate of foreclosures filed by HOAs in Denver illustrate the potential risks of a increasingly common homeownership model. Read the article………………………..
Important Reminders Regarding Delinquency Processes (CO)
Please note the following reminders related to collections and processes: A vote of the Board of Directors is required prior to a file being transferred to the attorney for collections. Read the article………………………..
Updates to MCIOA Homeowners Associations Need to Know About: Part III (MN)
As discussed in earlier in this series, there were some significant changes to Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”) adopted in the recent session of the Minnesota legislature. Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s violation […]
House Bill 1137 One Year Later: The Forgotten Homeowners and Resident (CO)
On August 10, 2022, House Bill 22-1137 (“HB 1137”) went into effect. The new law at that time made significant changes to how HOAs in Colorado are permitted to handle enforcement and collection matters. Now that we have lived with and worked under this law for a year, we have discovered issues with the law […]
Unlocking the Magic of HO6 Insurance
When it comes to safeguarding your condominium or townhome investment, having the appropriate insurance coverage is vital. The HO6 insurance policy is specifically designed to fill the gaps left by the master insurance policy held by the association. In this article, we will delve into what HO6 insurance entails, its significance, key inquiries to make […]
Senate Bill 23-178 “Waterwise Landscaping in Homeowners’ Association Communities” (CO)
Being an avid flower and vegetable gardener – and not shy to talk about it – I’ve heard from a few friends at the law firms wondering what regulations around “visible” vegetable gardens could look like. I’ll tell you, I do not mind the change. Also, I see why it causes concern for aesthetically-minded community […]
1137 One year later – financial and other impacts additional thoughts (CO)
The passage of HB22-1137 had a number of intended and achieved consequences including eliminating industry “insider” purchase of HOA foreclosures, opening up small claims court for some disputes, and others. Most importantly, it did prevent hundreds of what could only be called predatory foreclosures. Read the article………………………..
Simple Bylaw Amendments to Improve Community Operations (CO)
Outdated and burdensome provisions within the association’s bylaws can serve to hinder operations and needlessly increase administrative costs. For example, does your board conduct business via email? The association’s bylaws likely have a provision that sets forth the requirements for the board to make decisions outside of a board meeting (such as email) and it […]
Act Now: New HOA Legislation in Place (CO)
The Colorado legislature recently passed legislation relating to common interest communities that require actions to be taken by Associations. Read the article………………………..
“Don’t Panic” — The HOA’s Guide to the Galaxy…of Records Inspection (CO)
Responding to record requests can sometimes be a daunting task. With CCIOA’s detailed list of “records of the association” that Colorado common interest communities are required permit requesting owners to inspect, combined with requesting owners’ increasing tendency to submit broad records requests, here are a few tips to help you get through this process as […]
Association Notice Requirements for HB23-1105 HOA And Metro District Task Force (CO)
HB23-1105 was one of the bills affecting community associations that came out of this year’s legislative session. In brief, this bill creates a task force, under the Department of Regulatory Agencies (DORA) to examine issues confronting HOA homeowners’ rights and to prepare a report by April 15, 2024 regarding the task force’s findings and conclusions […]
3 Strategies for Improving Compliance with Covenants (CO)
Ensuring compliance with your community’s covenants is perhaps the best way to reduce unnecessary conflict and increase harmony among neighbors. There are no foolproof methods, but these strategies can help. Read the article………………………..
Association Notice Requirements for HB23-1105 HOA And Metro District Task Force (CO)
HB23-1105 was one of the bills affecting community associations that came out of this year’s legislative session. In brief, this bill creates a task force, under the Department of Regulatory Agencies (DORA) to examine issues confronting HOA homeowners’ rights and to prepare a report by April 15, 2024 regarding the task force’s findings and conclusions […]
Mandatory Updates to HOA Landscaping Policies (CO)
Governor Polis signed into law SB23-178, which is a bill regarding landscaping changes using water-wise means. The law will take effect August 9, 2023, and it applies to detached, single family HOAs. Read the article………………………..
CAI 2023 Overview of 6 Bills affecting Associations (CO)
Community Associations Institute’s Colorado Legislative Action Committee (CAI CLAC) spent the 2023 legislative session advocating on behalf of the approximately 2,403,000 Coloradans in 893,000 homes in more than 9,900 community associations. More than 680 bills were introduced, and CAI monitored 6 bills that would have directly affected community associations. Below is a brief overview: Read […]
Catastrophic Losses and Insurance Costs: Navigating the Choppy Waters of Community Association Coverage
This article offers tips for community associations to manage rising insurance costs and mitigate losses after major disasters. The increasing cost of insurance premiums is due to catastrophic losses and the need for more reinsurance. To keep costs down, community associations should focus on risk management, regular maintenance, and work with experienced insurance brokers. Read […]
Reach for the Sky! — Civil Liability and Insurance Cost and Coverage Implications of Shootings and Other Violent Criminal Acts in Common Areas (CO)
How concerned should Colorado common interest communities be about civil liability arising from third-party criminal acts committed on the Common Elements? Until recently, a common answer may have been something like: Not terribly concerned at all, especially in communities where individual owners share fractional, undivided interests in the Common Elements. Read the article………………………..
Why D&O?! (CO)
Putting it in today’s terms, one of my biggest “cringe” moments being an HOA insurance specialist is when a Board of Directors decides they do not wish to procure Directors and Officers Liability Insurance (D&O). In my mind, (and I’m sure many of you share this same opinion), this coverage is absolutely necessary to protect […]
Ethics of Collections (CO)
No one feels good about collections. Board Members don’t relish sending their neighbors to collections. Professionals, be they managers or account techs or attorneys, don’t enjoy it either. However, the reality is that collections is a necessary reality for nearly every Association at some point. Read the article………………………..
2 WAYS TO COLLECT – PERSONAL LIABILITY VS. LIEN (CO)
If a homeowner fails to pay a balance due to their association, there are two ways to attempt to collect that balance. The first is through the personal assets of the homeowner. The second is through the lien against the property.Read the article………………………..
SB23-178: TO VEG, OR NOT TO VEG? THAT IS THE QUESTION. (CO)
First and foremost, the new law expands owners’ rights to install xeriscaping on property the owner is responsible to maintain, including limited common elements, right-of-ways, and tree lawns. Associations, however, may prohibit xeriscaping on property that is maintained by the association (regardless of whether such property is owned by the owner). Read the article………………………..
Peter Rabbit’s Paradise: Senate Bill 23-178 Signed Into Law (CO)
Thanks to Senate Bill 23-178, community associations throughout the state will see a significant increase in the presence of mischievous young rabbits in the coming years. Senate Bill 178 requires planned communities with detached structures – single family home communities – to permit the installation of vegetable gardens (which include flowers, fruit, herbs, and other […]
2023 Legislative Recap (CO)
The Colorado 2023 Legislative Season has come to a close, and, much like the lyrics above, you may find yourself embracing and perhaps refraining from embracing some of this session’s Bills and subsequently, the Laws that came out of those. As of this posting, the governor has signed about 232 bills so far this session. […]
HOAs Must Understand Use and Power of Contracts
The board of directors in a homeowners association (HOA) is responsible for the functionality and governance of the community. One of the powers and duties delegated to the board of directors is the power to negotiate and enter into contracts, which is highly significant to the operation and bylaws of an HOA. Read the article………………………..
The Importance of a Board Member Code of Conduct Policy (CO)
Situations involving conflict are always easier to address and resolve when a prior relationship between the parties has been established. Every time I’ve facilitated a New Resident Orientation with new owners in a community, I have always encouraged them to make it a priority to introduce themselves to their neighbors sooner than later so that […]
Your Voice: HOA home closing reform without legislation (CO)
Those who follow HOA issues and horror stories and mostly failed efforts to reform HOA governance are stuck in a world of frustration. It seems that legislation is proposed and passed somewhat easily for small, special interests groups but when it comes to helping the 55% of our population living in the more than 800,000 […]
What to Expect From a Violation Hearing (CO)
Under the Colorado Common Interest Ownership Act (“CCIOA”), before an association can levy fines against an owner, the association must provide the owner with the opportunity for “a fair and impartial fact-finding process concerning whether the alleged violation actually occurred and whether the unit owner is the one who should be held responsible for the […]
Senate Bill 23-213: Coming (possibly) to an HOA near you! (CO)
The passage of House Bill 22-1137 has caused most of us quite the amount of stress and anxiety to ensure proper compliance with new collection, covenant enforcement and meeting procedures. As if the recent restrictions weren’t enough, Colorado Senate Bill 23-213 was introduced on March 23, 2023, and the mere thought of this Bill passing […]
Common Collection Issues Faced by Associations (CO)
HB22-1137, which became law in August of 2022, imposed new hurdles for associations in the collection of delinquent accounts – namely: Read the article………………………..
Refresher on the Budget Ratification Process (CO)
Since July 1, 2018, when the CCIOA budget process was made applicable to pre-CCIOA communities, there continues to be confusion and unclarity with respect to the CCIOA budget process and especially if and how it applies to special assessments. The purpose of this article is to help clarify both the budget process and special assessment […]
Help Me Help My Neighbors – When the Best of Intentions End In the Worst Results
An issue that has come up quite often as of late is that of a board wanting to help its individual community members while still maintaining its fiduciary obligations to the association. Perhaps there is an owner who is struggling to afford assessments, perform upkeep on the property, or can’t afford a major repair to […]
Bids vs. Contracts: Warnings and Legal Liability (CO)
We have previously addressed the importance of Associations having proper, legal contracts that protect the Association and how proposals are not to be signed in lieu of contracts, etc. Unfortunately, we are seeing more and more issues with bids & contracts that produce liability for the Association and at times managers. Please note the following […]
State-wide Land Use Bill May Require Communities to Allow ADUs and Increase Housing Densities (CO)
On March 22, 2023, SB23-213 (“Bill”) was introduced in the Colorado legislature with the support of Governor Polis. The Bill proposes state-wide comprehensive land use reform with the objective of increasing affordable housing. Read the article………………………..
Need More Money for Your Association? Here’s How to Get It! (CO)
Last month I had the privilege of teaching the webinar “Help We Need More Money,” which was all about generating more income for associations. Whether an association needs more money because it has unexpected repairs, or insurance costs have quadrupled, or just due to inflation and other uncontrollable costs, many boards fall into the rhythm […]
Insurance—What Is Going On Right Now?!? (CO)
If you haven’t looked at your insurance in the past year, you may be saying what?!? when you do. While it has always been a necessary evil, it is something that both individuals and associations alike must obtain, and never before has it been so expensive or near impossible to secure. Insurance provides protection for […]
Everything You Need to Know About E/V Charging Stations (CO)
Information for Colorado condo’s and HOA’s regarding the installation of E/V charging stations. Read the article (PDF)………………………..
How far will you go to reduce your wildfire risk?
No one wants to lose their home in a wildfire. But what pushes people to act beforehand to protect their property — to cut down overgrown shrubs around decks, prune low-hanging tree branches or clear dead leaves from gutters? Read the article………………………..
2023 Legislative Session Introduces HB 23-1105 (CO)
Another year, another legislative session – and more bills that target HOAs and metro districts. HB 23-1105 was introduced this session (sponsored by Reps Jennifer Parenti and Brianna Titone) and aims to create task forces for both HOA and metro districts, the sole purpose of which is Read the article………………………..
When Boards Overstep / HOA Abuse of Power (CO)
It’s tough to be a volunteer HOA board member in Colorado these days. Just last night, I was watching a PBS show called “The Trouble with HOAs”, and depending on who was being interviewed, the board was doing too much or caring too little. It’s no wonder that sometimes boards are accused of overstepping their […]
How HB 22-1137 Changed the Face of Covenant Enforcement in Colorado Common Interest Communities
Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022. Read the article………………………..
Need to Know: What Board Members Should Know About Construction Defect (CO)
Buying a new home is a milestone experience full of choices for your colors, flooring, and finishes. For months, you stop by and check on the progress. The anticipation builds until, finally, you close on the home and move in. As the months go by, you notice little flaws here and there but nothing that […]
Participating in a Construction Defect Claim – 30,000 Foot View (CO)
What is a “construction defect”? A construction defect is any condition or improvement that was designed, installed or constructed in a manner that falls below the applicable standard of care. Generally speaking, this encompasses any construction that does not comply with the building code requirements and/or the applicable plans, specifications, soil reports, geotechnical reports and/or […]