The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry […]
To Give or Receive: A Guide to Crafting a Gifting Policy for Managers, Management Companies, and Boards
Gift-giving in the workplace amongst managers, management companies and vendors can be a thoughtful gesture, but it can also be complicated by the untrue perceptions or lack of understanding where “the line” is. To ensure a positive and ethical environment, management companies need clear gifting policies that managers and our vendor partners understand and abide […]
The Corporate Transparency Act – Ethical Issues with Reporting Requirements
The Corporate Transparency Act is a major new federal law that imposes strict reporting requirements on nearly all business entities in the US, including community associations. This new law is significant, as it will impact every community association and every individual homeowner who serves on an association’s board of directors. Compliance with this new law […]
Pool Rules and Safety Practices
We recommend that pool rules be adopted and mailed or emailed to all Owners and residents. If the Board of Directors isn’t clear on the legalities of certain rules such as adult swim times or unaccompanied children in the pool area, please ensure to obtain the Association attorney’s legal advice as pool rules can at […]
Squatters: What is a Board to Do? (CO)
With housing availability and affordability at an all-time low and homeless populations at an all-time high, the issue of squatters in vacant properties is becoming more prevalent in association communities. The news has published extreme cases in New York of squatters being treated as legitimate tenants under New York law with the actual owners spending […]
Service Animals vs. Emotional Support Animals: An Overview
Community associations have been scratching their heads as to the difference between service animals and emotional support animals. Federal law provides for the definition of service animals, but there is very little guidance when it comes to emotional support animals. This can be problematic for associations who may unknowingly be implementing discriminatory practices. Read the […]
De-escalation – Tried and True Techniques
“Conflict is a good thing” was the sales pitch from a rug salesman desperate to try and shift the most hideous fuchsia floor rug that would have been objectively unacceptable to any design theory to my father in the early 90s and has become a running gag whenever there is a disagreement in our household. […]
You Have Been Assessing Me Too Much! Square Footage Allocation Discrepancies (CO)
For homeowners’ associations whose assessment allocations are based on square footage of units, problems may arise if the developer used incorrect square footages in the calculations and an owner discovers such discrepancy (especially if the owner is paying a higher assessment than they would otherwise). Owners who discover such discrepancies will likely complain to the […]
Collecting When the Homeowner is Deceased (CO)
Unfortunately, sometimes homeowners pass away. When that happens and the homeowner owes a balance to the association, boards often have many questions about what that means and what they should be doing. First and foremost, remember that the heirs are grieving their loved one. Board members are often torn between wanting to be respectful of […]
FinCen Confirms CTA Applies to Associations
Although many concluded that the Corporate Transparency Act (“CTA”) applies to homeowners associations, we now have verification of this. On April 18, 2024, the Financial Crimes Enforcement Network (“FinCen”) issued 16 new FAQs and updated two more. Under Category C, question C.10 of the FAQs, a Q&A was added confirming that CTA requirements apply to […]
Landscaping and Covenant Enforcement (CO)
With spring being in full force and summer being just around the corner, we wanted to remind all Associations regarding policies, covenant enforcement and good practices as it relates to landscaping. Read the article…………………………….
Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations
For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk […]
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Roof Preventative Maintenance for Multi-Family Communities
A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems. To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall […]
Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success
Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment […]
When Pipes Fail & Preventative Maintenance
When considering your piping systems, there are two main systems in question: Domestic Water Systems and Drain, Waste and Vent (DWV) Systems. Below are some signs of aging to look out for with each system, and how to best maintain them. In the event that systems fail, repiping is the primary option that can prove […]
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 […]
Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations (CO)
For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk […]
Cameras, Are the Risks Worth the Rewards?
As technology has evolved and home security/camera systems have become more affordable and accessible, many associations have grappled with the question of cameras (both association and owner) and whether cameras should be installed: (1) on common areas to “protect” the association and to help control theft and vandalism in the community; or (2) on individual […]
Director Elections—What Could Possibly Go Wrong?
Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with […]
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Roof Preventative Maintenance for Multi-Family Communities
A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems. To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall […]
Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success
Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment […]
When Pipes Fail & Preventative Maintenance
When considering your piping systems, there are two main systems in question: Domestic Water Systems and Drain, Waste and Vent (DWV) Systems. Below are some signs of aging to look out for with each system, and how to best maintain them. In the event that systems fail, repiping is the primary option that can prove […]
Construction Contracts: Best Practices and Important Considerations
Your reserve account is finally fully-funded and that pool house is looking shabby. It’s time for a refresh! Maybe you can remove that ancient, dead tree while you’re at it. Before you hire a contractor to perform work in your community – be it major or minor – it’s important to make sure that you […]
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 […]
Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations
For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk […]
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Roof Preventative Maintenance for Multi-Family Communities
A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems. To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall […]
Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success (CO)
Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment […]
The Construction Defect Bills (CO)
The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains […]
What Makes a Home………Business? (CO)
The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities. The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply! Read the article…………………………….
Important Reminders Regarding Association Business (CO)
The last few weeks have proven to be very busy with regards to Homeowner Association business. Please note the following updates and recommendations regarding Associations. Read the article…………………………….
Facing Property Insurance Challenges (CO)
Skyrocketing premiums for property insurance coverage for many common interest communities in Colorado, particularly condominium projects, are becoming a financial nightmare for those communities impacted by the premium hikes and the homeowners who live in them. In fact, the Speaker of the House in Colorado is sponsoring House Bill 24-1108 to require the Commissioner of […]
The Federal Corporate Transparency Act Ruled Unconstitutional in Alabama
The Corporate Transparency Act (“CTA”) has been the hot topic of discussion among HOA industry professionals, with many having concerns as to who will handle the registration process and updates. But has this concern been for naught? Possibly, as a federal court in Alabama has recently ruled that the CTA is unconstitutional. Read the article…………………………….
To Tow or Not to Tow – Towing Regulations Governing Community Associations (CO)
Is finding a parking space in your community challenging? Condominium and townhome-style communities often have open parking lots which may include individually assigned parking spaces and/or parking spaces which are available on a first-come, first-served basis. Such communities commonly adopt parking rules that aim to increase safety, improve the flow of traffic, and maximize parking […]
Whe Do We Have to Submit an Insurance Claim?
One of the more confusing concepts in HOA world is insurance and knowing when to submit a claim. All too often associations get in trouble for failing to submit claims and requiring an owner to pay for damages out of pocket instead of using insurance proceeds. In this article, we will discuss how to determine […]
When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)
The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed. Read the article…………………………….
When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)
The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed. Read the article…………………………….
Proposed Bill to Affect HOA Foreclosure Sale Requirements (CO)
Introduced January 31, 2024 by Representative Naquetta Ricks, the proposed bill, HB24-1158, would severely hamper an HOA’s efforts to foreclose for unpaid assessments. The bill proposes that prior to turning over a delinquent account to collections or to an attorney for legal action, an HOA must send a notice to the owner that free information […]
Important Reminders for Collection Procedures (CO)
It is very important to properly reflect in a Managing Agent’s software or Association’s records when an account is transferred to legal collections, as accepting payments for accounts that are in legal collections, or speaking to Owners whose accounts are in legal collections regarding their account may negatively impact the Association’s ability to collect the […]
How Long Do I Have to Keep Association Records? (CO)
Did you know that both CCIOA and the Colorado Revised Nonprofit Corporation Act, provide retention timeframes for certain records? For example, did you know that the Nonprofit Act requires associations to keep the following records permanently: Read the article……………………………..
Little Known Provisions in CCIOA and the Nonprofit Act (CO)
The Colorado Common Interest Ownership Act (“CCIOA”) and the Colorado Revised Nonprofit Corporations Act (“Nonprofit”) are the two primary statutes governing common interest communities in Colorado. These statutes are long, complex, and contain provisions many people are not familiar with, and, frankly, may not care about. Read the article……………………………….
Special Assessments – ‘Tis the Season! (CO)
What is a special assessment? A special assessment is an assessment that is not contemplated in an association’s budget for the fiscal year and is therefore over and above the regular assessments imposed in accordance with an association’s budget. Read the article……………………………….
What to Do When a Vendor May be Filing for Bankruptcy (CO)
With continued inflation, rising costs of materials, and the volatility of our current economy, we continue to experience financial impacts to community associations, including the impact to an association when one of its vendors decides to file bankruptcy. Read the article……………………….
5 Important Steps You Can Take to Deal With Rising Maintenance and Construction Costs in 2024
It’s probably safe to say that maintenance and construction costs are going to go up, perhaps way up, in 2024. Why? Ongoing economic uncertainty in the market, higher interest rates, continued labor shortages, rising costs of materials, and (oh lucky us…) a highly charged political season. Read the article……………………………..
HOA Insurance: A Tale of Premiums Past and Strategies for the Future (CO)
Several years ago, my wife suggested, “You should run for a position on our HOA’s Board of Directors. You attend so many board meetings; you would be great at it!” Today, more than ever, I appreciate those who volunteer to serve their community as a board member. This often thankless position can demand so much […]
Conflict Mitigation: When Someone Crosses the Legal Line
Community association leaders—boards and professional managers– were never given the memo that their job descriptions changed. Historically, much of the time invested in managing a community was directed towards fiscal management, fund handling, planning for and replacing infrastructure, and performing ongoing maintenance. Read the article………………………………
2023 Arizona Legislation
HB2251 – which amends A.R.S. Section 33-1253 of the Condominium Act (it does not apply to Planned Communities) was signed by the Governor on 06/19/2023. This new law will impact insurance coverage and insurance claims in Arizona Condominiums, HB2298 – which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) […]
Important Reminders Regarding Collection Procedures (CO)
Please remember to follow the revised HB22-1137 Collection Policy for each individual Association. There may be variations present in each Association’s policy, therefore it is important that each be followed as written. Read the article…………………………..