Colorado Supreme Court shoots down condo association’s lawsuit against Aspen for construction defects

The Colorado Supreme Court clarified on Monday that litigants may not use a judicial doctrine focused on breaches of contract to sue municipalities for negligently constructed housing, effectively sidestepping the broad immunity state law provides to government entities.  The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause. […]

It’s a perfect storm for fire insurance (CO)

Westerners have begun looking at their homes differently these days. Are those trees too close? Should I move all that firewood stacked up next to the deck?    In Colorado, Tiffany Lockwood said she was dropped twice by fire insurance carriers over the 10 years she’s lived in Evergreen, a heavily forested exurb of Denver.  […]

Legislature’s inaction on HOA reforms will hurt seniors (CO)

According to the state demographer, Colorado now has more citizens over the age of 65 than teenagers. Today, seniors represent the fastest-growing segment of our population, and by 2035, one out of every five Colorado residents—or an estimated 1.3 million people—will be aged 65 or higher. In Adams County alone, our senior population is expected […]

Coloradans seeing big rate hikes for homeowners insurance

The cost of owning a home in Colorado is about to get even more expensive. Homeowners insurance rates are skyrocketing, and experts told FOX31 there is no major relief in sight.  “We’re on a collision course with escalating market conditions, where everything that insurance pays for is going up in price,” said Carole Walker, with […]

IAM Western Territory Wins Landmark NLRB Ruling, Union Election for Colorado Homeowners Association Workers

In March, a road and facility technician working for the Crystal Lakes Road and Recreation Association in Colorado reached out to IAM about organizing a union in his workplace, consisting of himself and two other technicians.  IAM Western Territory Grand Lodge Representative Steven Van Wie collected union authorization cards and filed a petition with the […]

Property manager bankrupt after stealing $700K from Aurora HOA (CO)

A property management company has filed for bankruptcy after a judge determined that its owner stole $700,000 from a homeowners’ association in Aurora and spent the ill-gotten gains on a Lincoln, a Louis Vuitton, a stay at the Ritz-Carlton and other frivolities.  Mastino Management, in Parker, filed for Chapter 11 on May 15. Its co-owner, […]

Jefferson County homeowners outraged after broadband boxes installed in yards (CO)

In April, Clarkson looked out the window to see several people digging up his front yard. They were there installing a utility box for a broadband company.  “It’s very violating,” he said, recalling the feeling he had when confronting the group of people.  A few months earlier, in February, the Kipling Villas Home Owners Association […]

Snowmass planning commission recommends denial of condominium associations’ request to abandon nearby workforce housing plans (CO)

The Snowmass Village planning commission will recommend against a request by several condominium associations to abandon a proposed workforce housing development near their condos.  The formal request, submitted in March by attorneys representing the Laurelwood, Timberline, Sonnenblick, Interlude, and Aspenwood condo associations, required review by the planning commission and the Town Council because it would […]

Lawmakers tinker with legal thicket concerning HOA’s (CO)

More and more people these days are living in common-interest ownership communities. These are residential developments where you own and have exclusive use of your basic housing space (kitchens, bathrooms, bedrooms), but you share ownership and use with other property owners for parts of the development (pickleball court, group meeting room, guest parking spaces).  Read the […]

Effort to limit lawsuits over construction errors — and in turn boost Colorado condominium construction — fails at Capitol

An effort to encourage condominium construction in Colorado by reducing the chance of lawsuits over building errors failed in a state House committee Friday evening, a sign of how complicated and politically fraught the issue is. Senate Bill 106, the so-called construction defects bill, was unanimously rejected by the House Transportation, Housing and Local Government […]

Editorial: HOAs and metro districts can foreclose on your home. Two new laws could stop this “equity theft” (CO)

Little by little, Colorado lawmakers are reining in out-of-control metro districts and homeowner associations. But much more needs to be done.  We are dumbfounded that a state law is necessary to prevent these quasi-governmental boards from abusing their power of fines, fees, interest and attorney fees to take people’s homes through a lien and foreclosure […]

NLRB Official Says Colorado HOA Workers Can Vote On Union

A National Labor Relations Board official cleared three employees of a Colorado homeowners’ association to vote on representation by an International Association of Machinists local lodge next month,  (balance of story behind subscriber paywall at Law360)

Colorado Senate to consider bill to further regulate towing industry

Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing.  The issue caught fire last summer when Gonzales found her car had been towed, […]

Gov. Jared Polis signs bill barring HOAs from prohibiting home-based businesses (CO)

Gov. Jared Polis has signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session.  Under Senate Bill 134, a home-based business must still comply with an HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise […]

Gov. Jared Polis signs bill to protect Colorado’s home-based businesses from HOAs

Gov. Jared Polis signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session.  Under Senate Bill 134, a home-based business must still comply with the HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. […]

Litigant withdraws PPP fraud suit against condo associations, clubs (CO)

A Florida man is standing down on his litigation that accused dozens of Colorado condominium and homeowners associations of fraudulently collecting federal pandemic money, according to recent court filings.  Plaintiff Wade Riner on April 8 withdrew his civil complaint, without prejudice, which means he reserved the right to refile the lawsuit.   Read the article…………………………….

Bill Seeks to Clarify Rules Regarding Colorado Metro District and HOA Foreclosures

State law gives metro districts the power to levy fines, fees, and taxes to pay for various construction projects within their territory. However, there is no requirement for metro districts to have a process for residents to dispute the fines levied. Moreover, a metro district could foreclose on a resident’s property if they fail to […]

Associations argue for tossing of PPP lawsuit (CO)

Lawyers for condominium associations based in Aspen, Snowmass Village and resort towns elsewhere in Colorado recently introduced court pleadings arguing for the dismissal of a civil-fraud lawsuit that alleges the organizations fraudulently obtained funds from the Paycheck Protection Program.    Read the article…………………………….

6 Gant condominiums uninhabitable after Tuesday morning fire (CO)

Six condominiums sustained damage and are currently uninhabitable after a structure fire early Tuesday morning, according to an Aspen Fire Protection District (AFPD) news release. No injuries were reported.  According to the release, AFPD was dispatched to a reported structure fire at 610 S West End Street in Aspen at The Gant at 5:14 a.m. […]

Bills to reform Colorado’s construction defects law advance in Legislature

Two bills aimed at reforming Colorado’s construction defect law advanced through the Legislature this week, one to spur more condo development by lowering insurance costs and another to give homeowners more protection against shoddy construction.  They both have to do with the state’s Construction Defect Action Reform Act, which sets up a process for homeowners […]

Update on the HB22-1137 Related Bills (CO)

The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article…………………………….

Downtown Denver condo residents say bicycle lane poses safety concerns (CO)

Residents in a downtown Denver condominium say the installation of a bicycle lane is causing safety issues for the people living there.  This past August, the city installed a bicycle lane outside of Windsor Condominiums along Larimer Street.  But residents call it a hazard every time they step out their front doorstep.   Read the article…………………………….

Free capital reserve studies available for APCHA condo units (CO)

The Aspen-Pitkin County Housing Authority (APCHA) is seeking participants in a free initiative aimed at supporting homeowners’ associations (HOAs) in long-term planning for maintenance and major repairs.  APCHA will fund 100% of the study costs, which amounts to nearly $167,000. The studies will seek to understand the financial health of HOAs in relation to future […]

New law means an HOA can’t stop you from hardening your home against wildfires (CO)

A new state law voids homeowners’ association rules that prevent residents from using building materials that are more resistant to wildfires.  Gov. Jared Polis signed the legislation this week. In a statement, he said the new law should help homeowners safeguard their homes and save money on insurance.   Read the article…………………………….

State lawmakers want to study HOA insurance market (CO)

When a townhome complex in Louisville lost five buildings in the 2021 Marshall Fire, the homeowners board president expected the insurance would go up.  But not this much.  The Wildflower townhome community’s annual insurance premium went from $65,000 in June 2022 to $437,000 in June 2023, according to board president Mark Appelfeller. He said the […]

Why your Home Owner’s Association fees in Colorado could be on the rise this year

According to industry experts, those who live inside neighborhoods that have Home Owner Associations (HOA’s) may see a steep increase in their fees this year. They say it is because of two things: skyrocketing insurance costs and increasing labor costs.  “A lot of our clients are seeing their costs increase up and down their budget, […]

HOA insurance premiums skyrocket across Colorado, driving up condo dues

To say Rosalie Hayes was stunned when she opened the letter describing a dues increase at her Arvada condo complex this year would be an understatement.  “When I opened this letter, it was just like you could have knocked me over with a feather,” she said. “It was a shock.”  Read the article…………………………….

Some Colorado HOAs ban using fire-resistant building materials. This proposed law could overrule that

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.    Read the article…………………………….

Lawmakers advance bill that would void HOA rules that block wildfire-hardening (CO)

A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.   Read the article…………………………….

Here’s what Colorado law says about HOAs

It’s no secret the cost of just about everything is going up, and for some property owners that may also be the case for HOA dues this year.  Nearly half of the state’s population lives in a homeowners association or “HOA”, and homes being built now are more than likely subjected to one.     Read […]

Boulder preschool loses playground access in HOA dispute (CO)

The owners of a small, nonprofit preschool in Boulder’s Iris Hollow neighborhood fear a disagreement with the homeowners association over access to a playground could eventually force them to move or close.   Read the article…………………………….

Colorado lawmakers introduce bill to foster more condo construction

In yet another effort to alleviate soaring housing costs in Colorado, lawmakers on Monday introduced a bill aiming to boost condominium construction in the state — an option historically seen as a way for first-time homebuyers to enter the housing market.  Read the article…………………………….

Many Colorado HOAs have rules that make homes more vulnerable to wildfires. New legislation could block those.

Colorado lawmakers on Friday advanced new legislation that would make it easier to build or upgrade homes to harden them against wildfires. The legislation would void language in existing homeowners’ association bylaws, deed restrictions or property contracts that prevent residents from installing or using fire-resistant building materials. It would also prohibit new restrictions. Read the […]