The Colorado Court of Appeals has ruled against the Woodbridge Condominium Association in Snowmass Village, finding that it does not own a half-acre of land at its entrance and opening the door for the parcel to be possibly developed with a multi-family residential complex. Read the article………….
Colo. Court Case Puts Spotlight on Special Districts That Issue Munis
A broad ruling by the Colorado Court of Appeals in a case of a developer’s egregious fraud has sent lawyers to the state’s General Assembly for legislation to protect existing special districts that issue tax-exempt bonds. Read the article…………
Construction defects Durango (CO) considers ordinance to discourage lawsuits, protect builders
Colorado has on its books a jumble of laws that address shoddy construction of multi-family residential units and what redress owners have available to correct the problem. The conversation, ongoing since 2007 and escalating since 2010, is a complex interplay between individual owners of units in a larger development with shared property, builders, insurance companies, […]
Beware the Ides of March for Adoption of CD Ordinances! (CO)
On March 15, 2016, two more local governments adopted construction defect ordinances. Under local government public health, safety and welfare powers, municipalities are attempting to supplement perceived deficiencies in the Colorado Construction Defect Action Reform Act with the intent of decreasing builder and developer liability represented as an effort to promote affordable housing. Loveland adopted […]
Interesting Information on Licenses and Renewals for Colorado Community Association Managers
Along with Matt Green from CAI National and Eric Turner from the Colorado Division of Real Estate, yesterday I participated in CAI’s Legislative Update Lunch & Learn in Fort Collins. While Matt did an outstanding job, I suspect the information which Eric Turner shared relating to manager licensure was particularly interesting to the managers in […]
Condo-monium over construction defect fable undone by real Colorado market statistics
There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is. Read the article…………
Aspen’s (CO) government housing projects are falling down
Since the government-set prices are so far below market value, there’s no doubt that the sellers will receive that price in full. Whether the houses are in tip-top shape or falling down, the selling prices will be the same so there’s no economic incentive to maintain them. Indeed, the homeowner association reserves established by the […]
Condo-monium over construction defect fable undone by real Colorado market statistics
There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is. Read the article……….
Short-term rentals banned by Glacier Lily HOA (CO) starting 2018
A recent amendment to the Glacier Lily Estate’s Declaration of Protective Covenants will restrict the operation of commercial and business enterprises, including short-term vacation rentals, effective January 2018. Read the article………..
Hold Onto To Your Hats – Another Colorado Legislative Session Begins!
The 2016 Colorado legislative session is kicking off today! While the morning will be highlighted by speeches and the requisite amount of pomp, it shouldn’t take long for legislators to get down to the nitty gritty of election year politics. Read the article……….
Bill on Rain Barrels Introduced (CO)
The first bill which would have an impact on single family home planned communities and very small condominium associations has been introduced in the House by Representative Daneya Esgar (D – Pueblo County) and Representative Michael Merrifled (D – El Paso County) and has been assigned to the House Agriculture, Livestock & Natural Resources Committee. […]
Ritz Highlands owners suing Marriott over timeshare plan (CO)
Plaintiffs who bought high-end fractional interest timeshares at the Ritz Carlton Club at Aspen Highlands are suing the Ritz and its parent company Marriott, claiming that the hoteliers devalued club members’ investments by affiliating the property with less expensive resorts. Read the article………….
Happy New Year! Now get back to work.
It’s the first Monday of 2016, and while some of us might still be shaking off the eggnog, time passes and deadlines arrive. Remember to comply with your annual disclosure and registration obligations before your deadlines arrive, and take some time for education while you’re at it! Read the article………..
Condominium owners sue city and county over building defects (CO)
Citing long-standing problems stemming from rotted infrastructure, mold and other water-related damage, Centennial condominium owners are suing the Pitkin County commissioners, the city of Aspen and the governments’ affordable housing program. Read the article…………
Base Village tax lawsuit heads to trial
A trial scheduled to begin next week in the long-running lawsuit between the owners of 29 condominiums in Capitol Peak Lodge and the former developer of Base Village is expected to settle whether the buyers were properly alerted about their substantially higher tax burden. Read the article………….
Coming Soon – Ham Radios in Your Community
Unless Congress decides to not oppose S. 1685, all communities (including condominiums, planned communities and co-ops) could be restricted from disallowing HAM radio towers. S. 1685 is proposed legislation that is scheduled for mark-up in the Senate Commerce Committee on Wednesday Read the article………..
Mayor Murphy’s Boondoggle Backfires
It was just over a year ago that Mayor Murphy led the charge for Metro Mayors by pushing through an ordinance that destroys the right of homeowners living in Lakewood to adequately pursue remedies for construction defects to their homes. Read the article……………
Reaching the second homeowner proves difficult when it comes to wildfire mitigation
Tactics to safeguard mountain resort communities against wildfire are improving but educating residents is still a hurdle. Wildfire officials gathered in Snowmass Village Friday (9/25) to go over new approaches to keeping high country homes from burning down. Aspen Public Radio’s Marci Krivonen reports. Read the article………….
Colorado Supreme Court rules against private streams
The Colorado Supreme Court ruled Monday that the Roaring Fork Club in Basalt is not entitled to new “aesthetic, recreation and piscatorial (fishing)” water rights for a private fly-fishing stream the club created in an existing irrigation ditch. Read the article………
APCHA Hosting a Seminar on HOA Meetings in Aspen!
For several years now, the Aspen Pitkin County Housing Authority (“APCHA”) has been a leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County. It’s my pleasure to teach another seminar for APCHA on June 11th entitled: CCIOA 101 for HOA Boards, Homeowners and Managers: Everything You Need […]
Emergency Rules Addressing Provisional and Apprentice Licenses
Since House Bill 1343, the manager licensure clean-up bill, has been signed into Law, the Division of Real Estate has published Emergency Rules which relate in part to obtaining a Provisional License and Apprentice License. Here’s what you need to know: Read the article……..
Licensure for Managers Employed by Common Interest Communities: Clearing Up the Confusion
There has been a lot of confusion pertaining to the licensure of community association managers who are employed directly by a common interest community in Colorado. There have also been questions about whether these common interest communities must be licensed. After obtaining clarification from the Division of Real Estate and reviewing the Emergency Rules which […]
City prevails in lawsuit against condo developer
In a huge legal victory for the city of Aspen, a judge has ruled that the developer and owner of a downtown building violated the municipal code when it allowed the owners of two high-end condos exclusive use of an entrance and elevator. Read the article………….
Appeals court yields pro-builder ruling in construction-defects case
The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder. Read the article………..
HOA Bills (CO) Dropping Like Flies in Final Days of Legislative Session
The 2015 legislative session of the Colorado General Assembly ends today. In the final few days, the following HOA-related bills were killed in the Senate: Read the article…………
(CO) Construction Defect Bills Dead for Session: It’s Time for Balanced Solutions
Yesterday the House State Affairs Committee killed Senate Bill 177 on a party line vote. While the spin on SB 177 from a coalition led by the Metro Mayors Caucus and Denver Chamber of Commerce was impressive, there is no question the bill would have destroyed the rights of homeowners living in HOAs to hold […]
Questions for your future HOA (CO) (Just for fun)
When buying a condo, one of the things to consider is the HOA. Hopefully, your money dude has helped vet the financial health of the HOA, and your real estate agent has soundly beaten the huge corporation running the HOA with a large stick when they demand money for unreasonable things before you’ve even purchased […]
Future gets brighter for condo-defects reform in Colorado
A landmark construction-defects reform bill passed through the Senate in surprisingly quick fashion Friday — and supporters believe it may now have a pathway to make it through the House as well. Read article…………
Rule F9 Revised with Respect to Disclosure of Conflicts of Interest
Prior to the most recent changes, managers would have been required to disclose “perceived” conflicts. This is no longer the case. However, managers should be aware that under the proposed Permanent Rule F9 of the Community Association Manager Licensing Rules you must disclose any actual or potential conflicts that may arise in the conduct of […]
Debunking the Myths of SB 177 (CO): Installment Number 2
A week ago, I started a series of blog entries intended to debunk the myths being disseminated on Senate Bill 15-177 (“SB 177”) by a coalition of special interest groups led by the Metro Mayors Caucus and Denver Chamber of Commerce. This coalition has one goal and that is to destroy the rights of homeowners […]
Roll Out the Barrel!
House Bill 15-1259 (“HB 1259”) was just introduced in the Colorado House of Representatives to permit the use of rain barrels to collect water to irrigate lawns and gardens. Read more……….
Parker (CO) Chamber of Commerce CEO calls for condo-defect change to draw millennials
Dennis Houston, president and CEO of the Parker Chamber of Commerce, called for legislators need to make it harder for attorneys to file class-action lawsuits against condominium builders so that areas like his can attract a workforce of millennials, who now can’t afford condos in Colorado. Read more………..
Colorado’s Manufactured Condo Lawsuit Crisis
As the national housing market started to recover in the last couple years, there have been a slew of articles with headlines like this September 2014 Washington Post story: “Housing recovery missing key group: young first-time buyers.” In November 2014, the National Association of Realtors’ annual survey said, “Despite an improving job market and low […]
Representative Roupe’s Foreclosure Bill Clears First Hurdle! (CO)
In an unexpected and outstanding turn of events, the House State, Veterans & Military Affairs Committee, in a bipartisan 6 to 5 vote, reported an amended version of House Bill 15-1113 (“HB 1113”) out of Committee yesterday with a favorable recommendation to the full House of Representatives. Read more……….
Stop the Construction Defect Legislative Insanity!
As anticipated, the 2015 edition of the construction defect bill has been introduced in the Colorado Senate. Senate Bill 15-177 (“SB 177”), contains most of the unconscionable provisions of the 2014 bill – SB 220. However, the legislative insanity on construction defects got even nuttier this year! Read more………..
Manager Licensure “Modification” Bill Killed in Committee (CO)
House Bill 15-1040 (“HB 1040”), which was introduced by Representative Dan Thurlow (R-Grand Junction), was just killed on a 6 to 5 vote in the House State, Veterans & Military Affairs Committee. Read more……..
State law causing Fort Collins (CO) condo crunch
A decade-old state law is choking off construction of one of the city’s most affordable housing options and creating a bottleneck for first-time home buyers, say Fort Collins housing advocates, developers and Realtors, who hope to see the law changed. Read more……….
(CO) Hearing on Permanent Rule-Making for Manager Licensure Scheduled
The Colorado Division of Real Estate has announced that a hearing on permanent rule-making for manager licensure will be held on Wednesday, March 4, 2015, at 10:00 am at the Ralph L. Carr Colorado Judicial Center in Conference Room 1D. Read more……….
(CO) Manager Licensure Exam Available February 1st!
The Division of Real Estate has just announced that the Community Association Manager licensure exam will be available to take on February 1st! Here’s the latest news from the Division of Real Estate: Read more………..
(CO) Bill Introduced to Protect HOAs from the Financial Consequences of Prolonged Public Trustee Foreclosures
Representative Kit Roupe (R-Colorado Springs) has introduced House Bill 15-1113 (“HB 1113”) in an attempt to protect HOAs in Colorado from the financial consequences of lenders continuing the sale dates of public trustee foreclosures. Read more…….
First Construction Defect Bill is a Whopper!
As predicted, the first construction defect bill of the session has been introduced in Colorado and it’s a real whopper! Senator Ray Scott (R-Mesa County) has introduced Senate Bill 15-091 (“SB 91”), which would cut the statute of repose in half for construction defects. Read more……..
Don’t Forget The Manager Disclosure Bill – As of January 1st It’s Law
With all this talk about who needs to get licensed, what you need to do to get licensed, the deadline for getting licensed which, by the way, is July 1st, let’s not forget about the law that is already in place …HB14-1254, otherwise known as the Manager Disclosure Bill. The following sums up the disclosure […]
Manager Licensure “Modification” Bill Introduced (CO)
Representative Dan Thurlow (R-Grand Junction) has introduced House Bill 15-1040 (“HB 1040”). The bill is intended to greatly reduce the individuals who are required to be licensed by the Division of Real Estate as community association managers. Read more………..
DORA (CO) Adopts Emergency Rules Regarding Manager Licensing
After the hearing held on January 2, 2015, DORA has adopted 3 emergency rules regarding manager licensing. The rules pertain to License Qualifications, Applications and Examinations, the Licensing Office and Renewal, Transfer, Inactive License, Reinstatement and Insurance. These rules contain no major changes from the proposed rules presented at the hearing. Most of the changes […]
Denver (CO) Chamber of Commerce Focused on Destroying Homeowner Rights
The 2015 legislative session in Colorado is set to kick off tomorrow and it promises to be an interesting one. Following the November elections, the Republicans will control the Senate by a 1 seat margin and the Democrats will control the House by a 3 seat margin. Since by all accounts the Colorado General Assembly […]
Colorado lawmakers gear up for construction-defects reform in 2015
Supporters of a change to a Colorado law blamed for slowing condominium construction to a trickle are hopeful 2015 will be the year they succeed. Lawmakers have tried for the past two years to reform Colorado’s construction-defects law, which developers complain makes building condos too fraught with legal liability. Read more……….
Could limiting defect lawsuits bring more condos to Denver?
If you’re looking to buy a condo in Denver, you’ve probably noticed there aren’t many options. Only 2,205 building permits for condos and townhomes are expected to be issued in the Denver metro area during 2014, Read more………
(CO) Emergency Rule-Making Hearing Scheduled for Manager Licensure
The Colorado Division of Real Estate is gearing up to get the rulemaking process rolling on the new manager licensure law that goes into effect on January 1st and here’s the latest communication from the Division. While community association managers will not have to be licensed until July 1, 2015, the Division is working on […]
DORA Sets Date for Rule Making Hearing
DORA has set the hearing on its proposed rules regulating manager licensing for January 2, 2015. Public comments will be taken during the hearing held at the Ralph L. Carr Colorado Judicial Center in conference room 1B located at 2 East 14th Ave., Denver, CO 80202. Read more………
Building lawsuits could be reformed (CO)
Homeowners in Colorado are bracing for another attempt by the Legislature to curb construction-defects lawsuits in an effort to spur the development of affordable housing. Read more………..