Winter in Colorado is sure to bring cold weather, snow, and urgent phone calls about broken water lines and slip-and-fall accidents on common areas. The problems usually start when the temperature begins to warm up after a cold spell or heavy snowfall. Read more……….
Hierarchy of Rules
You probably read plenty of articles on our blog in which we remind associations to ensure they have adopted and are enforcing their responsible governance policies and rules and regulations. While owners have a legal obligation to comply with the covenants and rules, this may not extend to rules that are in violation of or […]
Foundation Problems – Not In Your House But In Your Community
Your community is like your house. If you lose a homeowner’s trust or belief in your community’s leadership it’s like a small crack in the foundation of your house. And, if you continue to lose trust, sooner or later floors will start to sink, cracks will appear in the walls, and before you know it […]
New Year’s Resolutions
I don’t typically make New Year’s resolutions because I believe that if something needs to be fixed, it should be fixed at that time – not on an arbitrary date. However, many folks do like their resolutions, and I’ve heard several resolutions from my clients.
Your Board’s Presence Is Present Enough: Don’t forget to say “Thank you” this holiday season
We’ve all received the party invitation with a note letting us know that gifts are not requested–Your presence is present enough. Some of us take the cue, while others go above and beyond and bring a gift despite the note. I like to think that association board members, through their election or appointment to their […]
Proposed Legislation Requires Mandatory Service on the Board
Just kidding. Playing through the scenario, though, what if being “elected” to the board was like being called for jury duty? Homeowners’ names are fed into a machine. Then every couple of years, a button gets pushed, a ticket pops out, and bam: YOUR name is on it. Time to serve. (Unless you’re disqualified…or an […]
BRRR! Cold Weather Maintenance Headaches: Who is Responsible?
So far this winter, the Denver area has experienced mostly unseasonably warm weather, which has spared us from the usual flurry of snowflakes and frozen pipe claims. But as we all know, Colorado weather is a fickle thing and a cold snap can strike at any time. When the temperatures plummet, a common (and often […]
Alcohol and HOA Board Meetings Just Don’t Mix
After a long day at work, it’s sometimes nice to sit down with a lovely glass of red wine or a cocktail. However, at the risk of sounding like an old fuddy duddy, I have to say that alcohol and HOA board meetings are just not a good mix. Read more………
Secret Ballots in HOA Elections – Keeping it Drama Free!
If you are like me, you will be happy when the election is over tomorrow and the nasty political ads are off the air for a couple of years. However, regardless of your party affiliation or beliefs, I hope you take the time to cast your votes and return your ballot. After all, we live […]
I Can’t See the Forest for the Yard Signs
We are fifteen days from the 2014 midterm elections, and candidates are undoubtedly working hard to get those elusive swing voters to the polls. Yard signs are one tool that candidates use to build name recognition and sway votes. A multitude of signs for federal and state political offices, as well as several ballot initiatives, […]
Money in your Pocket: Monitoring Foreclosure Sales
In an improving economy, the important of monitoring a public trustee foreclosure sales has additional benefits above and beyond making a claim for payment of the association’s super priority lien. As most of you are aware, following the filing of a public trustee foreclosure, CCIOA provides for recovery of up to six months of delinquent […]
Service of Process – What is it?
For a court to have authority to make legal decisions and enter a judgment against someone, the court must have both personal and subject matter jurisdiction over that person. Subject matter jurisdiction involves the court’s ability or power to hear certain types of cases, whereas personal jurisdiction is the court’s power over a particular party. […]
Whose Land is it Anyway? And Why do we Care?
We frequently hear people say that common areas are owned by their association. And, while that is true in many cases, it is not true when referring to condominiums. In fact, the single fact distinguishing condominiums from any other type of common interest community is how the property making up the project, other than the […]
Where’s my Money?
It is not uncommon for homeowners to wonder where all their dues are going. Some owners might see their dues go up with no visible changes to the property and even get suspicious. Read more……..
Failing to Reserve and Deferred Maintenance is a Recipe for Disaster
If you have ever served on the board of directors of an HOA, you know that some members are never happy to see their annual assessments increased. In fact, some folks can be downright hostile when faced with an increase. This can even be true when an assessment increase is absolutely necessary to adequately fund […]
If You’re My HOA’s Attorney, You Represent Me, Right? (No, Not Quite.)
As a community association attorney, I attend a lot of homeowner meetings to discuss legal issues and provide education to boards and owners. I enjoy the opportunity to meet the people who live in my client’s communities. It’s always great to put faces to names and get a feel for the relationship dynamics that make […]
Flying the American Flag in Observance of Memorial Day
As we contemplate the observance of Memorial Day, we need only briefly look at the news to be reminded of how lucky we are to live in the United States of America. As we witness the repression in other countries that is unimaginable to most of us, we must remember the men and women serving […]
Family Friendly Rules
Earlier this month the Department of Housing and Urban Development (HUD) announced that it had reached a settlement with an apartment complex in the Denver Area for rules that discriminated against familial status under the federal Fair Housing Act (FHA). Readers of this blog will be aware that the FHA applies to residential community associations […]
A Nuisance or Not?
All of us have complained about a loud and noisy neighbor or some other disturbance that we have deemed a nuisance at one point or other in our lives. However, we should all be thankful that none of us reside in the Plaza at Five Points Condominium Association in Sarasota, Florida. Read more…….
Spring and Summer Tips for HOA Living
Okay – so the nicest thing I can say about the snow we had on Mother’s Day is that it was really annoying. However, regardless of our quirky Colorado weather, spring really is here! That means HOA boards and residents need to anticipate and avoid common pitfalls and controversies that can arise as we spend […]
2014 – The Year of the Drone
You may think that drones are only used by the federal government but think again. Drones are defined as any unmanned aerial vehicle, and privately operated drones are becoming more common and are readily available on the market for a small price ($49-$499). A promoter of personal use drones has declared 2014 the year of […]
Servicemembers Civil Relief Act
Sometimes during a collection of an account, we become aware that the homeowner is in the military. When this happens, there are certain procedures and precautions we must take before proceeding with collections. This is due to the Servicemembers Civil Relief Act, which affords a number of significant protections to servicemen and servicewomen who are […]
Spring and Summer Tips for HOA Living
Okay – so the nicest thing I can say about the snow we had on Mother’s Day is that it was really annoying. However, regardless of our quirky Colorado weather, spring really is here! That means HOA boards and residents need to anticipate and avoid common pitfalls and controversies that can arise as we spend […]
Annual Education? Do You Comply?
We sometimes receive questions about the owner education requirements required by the Colorado Common Interest Ownership Act (CCIOA), and what it takes to comply. CCIOA says that the association must provide, or cause to be provided, education to owners at no cost on at least an annual basis as to the general operations of the […]
The Advantages of Transparency
WLPP attorney Doug Stallworthy recently wrote a post on transparency in association boards. His thoughts follow. Transparency in decisions made by the board of a homeowners association fosters a sense of confidence in those decisions. Read more……..
Who needs reserves?
If there is one thing people hate almost as much as an assessment increase, it is properly funding reserves. Some owners look at those lonely accounts, chock full of unused cash just sitting there, and think, “Hey, let’s use that money now! That way, we don’t have to raise assessments this year!” Other owners look […]
Should Associations Ban Google Glass in Common Areas?
Just when you were getting used to your iPhones, it is time to get ready for the next wave. Smart phones may soon be replaced with smart glasses. Google Glass allows the user to view images called up in the glass through voice activation or by touching the rims of the glasses. The product has […]
Management Company Disclosure Bill Clears Senate (CO) Local Government Committee!
HB 1254 requires managers and management companies to disclose during negotiations on management contracts, and thereafter on a yearly basis, the fees and charges imposed as part of their management of associations and any other remuneration received as a result of the relationship which managers and management companies have with their associations Read more………
Keeping the Peace
Keeping The Peace – Conflict Resolution Series Part 1……. Keeping the Peace – Introductions Part 2……. Keeping the Peace – Be Welcoming Part 3……. Keeping the Peace – Hold Events Part 4……. Keeping the Peace – Third Party Intervention Part 5…….
Protection for the Board – D & O Insurance
We receive many calls from board members of homeowner association clients inquiring about complaints made by unhappy members of their communities and threats of lawsuits against the directors. The complaints run the full gamut from failure to enforce the governing documents, to unfair enforcement of the governing documents, to failure to abide by the governing […]
Committed to Success: Turning Bad Documents into Good Ones
A community association’s governing documents – its Articles of Incorporation, Bylaws, and Declaration or covenants – typically fall within three categories: the good, the bad, and the ugly. Take this quick self-test to determine where your documents fall: Read more………
New Board Member Handbook Checklist
Many community associations are now welcoming and orienting their new board members. The more information board members receive, the more effectively they can carry out their responsibilities. When given the right information in an easy-to-use format, most board members are happy to educate themselves about their new role, and come to their first board meeting […]
Evergreen Highlands Assoc. v. West case brief
73 P.3d 1 (2003) CASE SYNOPSIS Respondent property owner sued petitioner homeowner association challenging the validity of an amendment to the modification clause of the association’s covenants. The association counterclaimed and sought damages from the property owner for breach of an implied contract. The Colorado Court of Appeals reversed the trial court’s judgment, which ruled […]
Enforcement of Parking Restrictions
In this day and age, owning a vehicle is a necessity and it seems that every family owns a minimum of two vehicles. Due to this trend and the limited number of parking spaces available in many communities, many associations have adopted parking rules and restrictions. Despite the existence of such restrictions, it is not […]
Proxies in a Nutshell
The term “proxy” is a standard term in the HOA industry used by board members, owners, and managers alike, but there is rarely discussion concerning the legal requirements for proxies and how they should be utilized. The purpose of this article is to focus on these rarely-discussed issues and provide readers with a better understanding […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
The Mailbox Rule
Homeowners often claim that they did not receive notice of their delinquency from the Association. Sometimes this assertion comes up after the Association files suit against the homeowner. Fortunately, the “Mailbox Rule” can allow the Association to overcome this allegation. Read more……
Solar Panels and Safety
A recent Fox News article brought to light a danger many people had not considered when looking to install solar panels on their roofs – the weight and electricity of solar panels can put fire fighters in danger when they try to put out flames. Read more……
Can You Disclose Who In Your Community Is Delinquent In Payment Of Their Assessments?
I’ve recently been following a blog that has been discussing how the paying members of a homeowners association can find out who is delinquent in paying their assessments. We’ve been asked many times over the years whether it is lawful, or wise, to publish the names of owners who are not current in the payment […]
Landmark development ruling could save condo owners millions
A Denver district judge has saved a group of condominium owners at Landmark from having to pay into a tax district they not only never agreed to be in, but also never knew existed until they got a tax bill to help pay for a nearby development that wouldn’t benefit them. Read more…..