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………………………..
Understanding Owners’ Rights to Access Association Records (CO)
It is an issue that every community association faces homeowner requests for association documents. But what are homeowners entitled to, and what documents, if any, can an association withhold? Read the article………………………..
Increase the Defensibility of Your Home with These Crucial Fire Safety Products (CO)
There is no way around it — Boulder County is wildfire territory. Although we can neither predict nor control Mother Nature, there are some steps homeowners can, and should, take to harden their homes against fire damage. Some of the important first steps include clearing your gutters of leaves and other flammable materials, maintaining your […]
Covenant Enforcement in the HB-1137 World (CO)
Winter is a great time to review your association’s governing documents including your declaration and rules and regulations to ensure your association is moving forward in a positive direction. Specifically, you want to make sure that your governing documents match up to how the Board and the community see the Association moving into the future. […]
HOA Help for Homeowners? (CO)
In Colorado, as in most other states, the road to dispute resolution between a homeowner and their HOA involves lawyers, courts and costly proceedings. Too often in Colorado, dispute resoluiton means most homeowners forego enforcing their rights as it is their limited resources against the unlimited financial and legal resources of the HOA. HOAs are […]
Borrowing More Than a Cup of Sugar: Current and Former Board Members Charged with Siphoning Millions from Florida HOA
A past president of the Board of Directors of Hammock Community Association in West Kendall, Florida, along with her husband and three others, were arrested and charged with crimes ranging from grand theft, racketeering, fraud, and money laundering related to a years-long scheme to siphon money intended for community maintenance and upkeep into their own […]
Special Meetings of Owners – Who Gets to Call them and How? (CO)
Have you ever received a demand from an owner or multiple owners to call a special meeting of members? The demand may have been to schedule a recall meeting, or it may have been to discuss a particular issue. Regardless of the cause for such demands, many boards do not know what to do with […]
Enforcing Covenants Under HB 22-1137 – *Winter is Coming* (CO)
HB22-1137 (“1137”) has changed the way associations evaluate and conduct enforcement procedures. 1137 created significant hurdles for associations to effectively enforce their covenants, such as the requisite for specific notice requirements – which now mandates two thirty-day cure periods and requires the association to inspect and notify the unit owner once the property comes into […]
Important Reminders re. HB22-1137 (CO)
As HB22-1137 is now law, collection practices by an Association have to be adjusted as follows: Read the article………………………..
CAN WE SWAP PARKING SPACES? REALLOCATION OF LIMITED COMMON ELEMENTS (CO)
Have owners in your association ever approached you with a request to switch assigned parking spaces or garages that are allocated as limited common elements and your association’s documents? What did you tell them, and did you know that the Colorado Common Interest Ownership Act (“CCIOA”) specifically addresses this issue for post-CCIOA communities (i.e. created […]
HB-1137: ARE YOUR POLICIES UP TO DATE? (CO)
HB22-1137 is all the rage lately, isn’t it? New procedures, notices, lengths of payment plans, limitations on fines, keeping better track of communications regarding all of the above – whoo! Exhausted just thinking about it! Read the article………………………..
Additional Legislative Updates (CO)
Please note the following updated legislations affecting proxies for upcoming elections and common amenities: Read the article………………………..
DIRECTORS’ STATUTORY STANDARDS OF CONDUCT—PROTECT YOURSELVES FROM LIABILITY! (CO)
When it comes to director duties and obligations, people throw around lots of terms, such as “fiduciary”, “duty”, and “best interests”. But rarely does anyone reference a specific statute, or specific language, in a statute addressing board duties. Read the article………………………..
WHAT TO KNOW ABOUT HOW HB22-1137 CHANGED HOA COLLECTIONS (CO)
This past summer, the Colorado legislature passed HB22-1137, which became effective on August 9, 2022. This new law requires Colorado associations to update their Collection Policy, Covenant Enforcement Policy and Conduct of Meetings Policy. Additionally, it requires several changes to the collections and covenant enforcement processes. This article focuses on the collections changes, but if […]
And the Pendulum Swings: HB22-1137 – HOA Board Transparency and Accountability (CO)
The Colorado General Assembly passed HB22-1137 increasing HOA Board requirements before filing lawsuits and limiting interest on delinquent accounts. We have mixed emotions about this law. On one hand, we have seen some heavy-handed HOA boards and lawyers taking advantage of the previous law. On the other hand, the pendulum has swung far the other […]
CLAC INTERPRETATION OF HB22-1137 (CO)
Colorado Legislative Action Committee (“CLAC”) is the legislative lobby arm for the two Community Association Institute Chapters in Colorado. CLAC has been involved in the analysis of HB22-1137, recent legislations that modified the Colorado Common Interest Ownership Act concerning collection of outstanding assessments, including foreclosures, covenant enforcement, and the handling of private issues during association […]
A solution for HB-1137 required collection notice postings: ‘HOA Postings’ (CO)
Colorado House Bill 22-1137, effective on August 10, 2022, requires Associations to post a copy of certain collection notices on the door/property of the delinquent owners. Read the article………………………..
Colorado 2022 End of Legislative Session Report
The Colorado General Assembly had a busy year, with 418 bills introduced in the House and 238 bills introduced in the Senate. While the Colorado Legislative Action Committee (CLAC) tracked many bills of interest, the piece of legislation of most consequence was HB 22-1137, which restricts an association’s power related to fines and rule enforcement. Read […]
School is in Session: Does Your Board Need Education? (CO)
As a board member and/or homeowner, you have an incredible opportunity to make a difference in your community. But your role as a leader is only as effective as the knowledge you bring to the table. While there are no guarantees that your neighbors will agree with each decision made by their HOA Board, keeping […]
GETTING VOLUNTEERS FOR THE BOARD: HOW DO YOU MAKE A THANKLESS JOB THANKFUL?
Is it my imagination or are people getting less patient, more critical, more demanding, and less understanding? It seems over the last few years boards have been criticized and admonished more, while being appreciated and understood less. No wonder it’s becoming more and more difficult to fill board vacancies. After all, why would someone volunteer […]
EXECUTIVE SESSIONS AND HOUSE BILL 22-1137 (CO)
One instance in which Colorado law favors transparency in homeowner associations is in the form of open Board meetings. Specifically, Section 308 of the Colorado Common Interest Ownership Act (“CCIOA”) provides that meetings of an association’s Board of Directors are generally open to attendance by all homeowners Read the article………………………..
Notice to Clients About HB 22-1137 (CO)
On August 10th, HB 22-1137 became law. All associations not exempt from the relevant provisions of CCIOA, must now take the following actions regarding delinquent accounts: Read the article………………………..
Nearly $30K Vanished From the HOA’s Account. The State Can’t Investigate the Management Company.
Community association managers run most of Colorado’s 10,000 homeowners associations, but state regulators no longer have the authority to look into complaints about unexplained price hikes, shadowy elections or fraud. Homeowners pay the price. Read the article………………………..
A Reserve Study Primer
When living in a homeowner association, what are the things to think about? Some considerations may include: location, amenities, how much are the dues and assessments? One important topic that may be only discussed every five years is, ‘Is the Reserve account adequately funded’? Read the article………………………..
Budgeting 101
I’m a budget nerd, and I freely admit it. Putting together an HOA budget and seeing each month how accurately the projections and actuals fall into place gives me a sense of satisfaction and downright gleefulness. In the coming weeks, this process begins again as I start the budgets for the communities I manage. With […]
Investing Association Reserve Funds—A Historical Perspective
When we discuss the best practices for investing association reserve funds in today’s world, it is probably best to review a bit of history with this topic. Community Associations began to take hold during the 1970s. During the 1980s, association reserve accounts began to grow. At the time, interest rates were substantially higher than today. Read […]
Telling Your Association’s Financial Story: How to Read Monthly Financials Properly
Have you ever found yourself looking at a set of association financials that appear to be a bunch of codes that need deciphering? Imagine the pressure of being a new community manager at your first Board meeting, and you are expected to explain the association’s financial position. The financial portion of the meeting is inching […]
HB22-1137 COLLECTIONS QUICK GUIDE FOR HOAS (CO)
Record Keeping: The HOA must keep records of when notices are mailed, emailed, texted or posted. This needs to include time, date, manner, etc. Read the article………………………..
Maintenance and Insurance Charts
An association’s maintenance and insurance obligations are typically set forth in the association’s covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards or managers clear answers. Often times, provisions of the declaration must be cross referenced and read in conjunction, and statutes consulted, before an […]
HOA Reserve Funds: funding plans and inflation can leave the Fund depleted
The last time your HOA reviewed/updated reserve fund requirements may have been a decade ago. Then again, your HOA may not even think about funding this account. Reserve funds are maintained through your monthly assessments to pay for planned maintenance and replacement of HOA common areas and assets. Read the article………………………..
NUTS AND BOLTS OF FORECLOSURE: AN OVERVIEW FROM THE FORECLOSURE DEPARTMENT (CO)
As the primary foreclosure attorney at Altitude Community Law, I am often asked to explain judicial foreclosures. There are a lot of moving parts in a foreclosure, and your average citizen is often unfamiliar with the process. And, because it is human nature to shy away from the unfamiliar, board members and community association managers […]
Colorado New HOA Laws: How Will This Impact HOAs?
In Colorado, new HOA laws were recently passed. These new laws will significantly affect how homeowners associations in the state operate. As such, every HOA board should make an effort to familiarize themselves with these laws. Read the article…………………..
Action Outside a Meeting – How Does It Work and When Can It Be Used? (CO)
What exactly does it mean to take action (i.e. make a decision) outside of a meeting and who has that right anyway? Most importantly, when should action outside a meeting be taken? While in-person (or virtual) meetings and open discussions are always best, it is not always feasible. Therefore, making decisions outside meetings is a […]
Towing: Making Sure Your Community Complies with the New Requirements (CO)
Does your association tow noncompliant vehicles? If so, it is imperative you know and understand some recent changes in the law when it comes to this remedy. Starting August 2022, your community will be required to comply with the new law or face exposure to liability. Read the article………………………..
HOAs can be sued: proceed with caution
First, this article is not to be taken as legal advice Limitations on the length of this article preclude addressing exceptions and minutia in legal issues. It is meant to represent a high level understanding of what can result when a homeowner(s) sues an HOA. Read the entire article……………………………….
Delinquent Homeowner Checks: What to Look For
When an Owner becomes delinquent, and the file is transferred to the attorney for collections, the Owner should begin sending their checks to the law firm for processing. The Owner is advised in writing that the checks are to be mailed to the law firm and not the management company. Read the entire article……………………………….
New Law Impacting HOAs (CO)
House Bill 22-1139 prohibits a common interest community from regulating the use of public right-of-ways. The new law states that associations cannot enforce a covenant, bylaw, rule or regulation that would prohibit the use of a public right-of-way that is otherwise in accordance with local government’s ordinance, resolution, rule, franchise, license or charter. Read the […]
Associations and Loans—Are You Doing It Right? (CO)
Whether your community needs to borrow money to pay for a roof replacement or installation of a swimming pool, it is imperative to know all the requirements and limitations your community has before starting the process. Therefore, the first step an association should take prior to applying for a loan is reaching out to its […]
Five Most Common Conflicts of Interest for Board Members
Bringing proposals for consideration from a company either owned by a Board Member or relative/close friend. According to the Professional Manager Code of Ethics, ‘Managers shall disclose all relationships in writing to the client regarding any actual, potential or perceived conflict of interest between the Manager and other vendors. Read the entire article……………………………….
Claims Confusion Clarified
A manager or Board member’s role within the community association requires many, many hats be worn at various times. One of the more stressful parts of working within a common interest community is assisting in times of crisis, whether it be involving one owner/member or the entire community association. If you’ve managed or volunteered within […]
“How to keep Communities looking good while also protecting them from natural disasters”?
Natural disasters typically announce their arrival by uprooting trees, roaring tornados, or blazing wildfires wiping out entire landscaped communities. Geophysical, hydrological, meteorological, and climatological factors all create severe disruptions to the functioning of communities and exceed their capacity to cope with them using their own resources. Climatological disasters are becoming a much more standard part […]
Devastation in our Backyard: A look at insurance and what we can learn from the Marshall Fire (CO)
Growing up in Louisville, Colorado, I like many others, could have never imagined the scene that unfolded on December 30, 2021. Early in the day a staff member mentioned a small brushfire had started in Boulder. Miles away we went on with our day only to see what looked like dust in the air around […]
Does My HOA Really Need Directors and Officers Insurance?
Inflation is noticeable everywhere today and HOAs are not immune to the pressures caused by higher relative costs. One common remedy to these pressures is cutting costs and one area where it is always tempting to do so is in insurance premiums. However, skimping on insurance coverage now can generate significant costs down the road. […]
Why Every Community Associations Needs a Workers Comp Policy (CO)
Even though all Community Associations should only hire licensed insured contractors, we know this does not always happen. By hiring uninsured venders or contractors the Management Company and the Association can be held liable for workers comp claims submitted by their vendors. Read the entire article……………………………….
No More HOA Restrictions on Public Streets (CO)
Are there public streets running through your community? If so, does your association currently have rules or covenants governing parking or other activities on such streets? Moving forward, such rules and/or covenants may not be enforced by associations as a result of added language to the Colorado Common Interest Ownership Act (“CCIOA”). Read the entire […]
Preventative Maintenance for Water Management (CO)
Preventative maintenance for water management around commercial and residential buildings is commonly overlooked unless an active leak is occurring from a roof or from a lower level basement area. Active water intrusion issues are primarily due to the lack of preventative maintenance on the exterior of the building. These overlooked conditions typically exist at the […]
Maintenance Now, or Disaster Later?
Many homeowners association boards shy away from addressing day-to-day maintenance needs and may be unwilling to spend assessment funds for preventative maintenance. That apprehension is often motivated by a genuine desire to keep HOA dues low or simply due to indecision from a good faith desire to make only the right decisions. Whatever the motivation, […]
When Should You Contact an Engineer?
When it comes to the reconstruction and restoration of HOA communities, the civil and structural engineers who make up a part of this niche market are accustomed to working behind the scenes. After all, there’s nothing high-profile and flashy about designing repair plans, pulling permits, or writing up engineering reports about potential issues within a […]
House Bill 1040: Closures Notifications and More (CO)
The Governor signed House Bill 1040 into law last week, enshrining into law the obligation for community associations to provide notice to community members should it need to restrict access to common elements for more than seventy-two hours. While this is an appropriate, fair, and laudable goal, many other provisions of House Bill 1040 create […]
Help! We Have a Homeowner Not Paying Assessements. What Do We Do? (CO)
At some point, most boards will experience a homeowner not paying assessments. Sometimes it’s just one, and sometimes it’s several homeowners, but regardless, this can be an uncomfortable situation for the board. Even though the delinquent homeowners are your neighbors, making sure that all homeowners pay their assessments and taking action when they don’t is […]