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…..
Constructively Managing Conflict in HOAs: Tip #2
For those of you who follow our Colorado HOA law blog, you know that last week I started a series of blog entries aimed at providing tips on how to constructively manage conflict in HOAs. I’m convinced that if homeowners, board members and managers keep these tips in mind, it will give everyone involved a […]
Chalk Another One Up to Bad Communication
I recently read an article about a homeowner in Texas who received a violation notice from her homeowners association as a result of chalk drawings left on her driveway by her son – something the owner and neighbors do not feel the Association’s governing rules specifically address. The article goes on to state that the […]
Freddie Mac Revises Policy on Assessment Delinquencies in Superlien States
CAI National has just published the following statement on a new Freddie Mac policy addressing delinquencies in superlien states. Since Colorado is lucky enough to be a superlien state, this new policy will impact Colorado HOAs. Here is what CAI has to say about the new policy: Read more……
Essential Documents in a Collection Trial
Has your association been involved in a collection matter that went to trial? Very few of our collection cases make it to trial, but when they do, it can be unnerving for board members and managers because it may be unfamiliar territory. This article will address the documents that are essential in a collection trial. […]
Discovery – It’s Not Just a Channel
Although Discovery is a very interesting cable channel, it is also a broad all-encompassing term to describe the fact-finding process in a lawsuit. Lawyers are literally discovering facts, evidence, witnesses, and case theories utilizing a variety of discovery tools. Without the aid of discovery tools it would be nearly impossible for lawyers to litigate civil […]
CO: Lawmakers pass HOA-related bills in final hours of session
Lawmakers also sent Hickenlooper House Bill 1277 which would require community association managers, management company executives and those who directly supervise managers to be licensed in Colorado. Read More……
Update from CAI’s Legislative Action Committee on HOA Reform Bills
Members of Community Associations Institute in Colorado have received the following update from CAI’s Colorado Legislative Action Committee on the HOA Reform Package of bills: Read More……
CO: HB 1134 and HB 1276 Clear the Senate Local Government Committee
House Bill 1134 (HB 1134) and House Bill 1276 (HB 1276) just cleared the Senate Local Government Committee and will proceed to the full Senate for consideration. HB 1134, which is being sponsored in the Senate by Senate Majority Leader Morgan Carroll, was approved by the Committee on a 3 to 2 vote and was […]
CO: Lawmakers kill lawsuit limits on condo defects
Tort reform on construction defects in Colorado will have to wait another year. After a hearing spanning two days, the state Senate Judiciary Committee on Wednesday killed SB 52, a proposal by Sen. Mark Scheffel, R-Parker, to limit lawsuits over condominiums and townhouses that have brought construction of such residences virtually to a halt in […]
CO: Manager Licensure Bill Clears First Hurdle in the House
Earlier this afternoon, on a 6 to 5 party line vote, the House Business, Labor, Economic & Workforce Development Committee passed an amended version of HB 1277 – the manager and management company licensure bill. Read More……
CO: HOA Debt Collection Bill Approved by House Business Committee
Late yesterday afternoon, the House Business, Labor, Economic and Workface Development Committee passed an amended version HB 1276. Highlights of the bill as originally introduced include the following: Read More……
Leadership Withdrawing Land After Purchase? Oh I Don’t Think So!
CCIOA has an interesting provision, contained in Section 210(4), which allows developers to withdraw property included in an association only if: (1) a portion of the real estate is subject to withdrawal; and (2) a unit in such portion of real estate has not yet been sold to a purchaser. Although this Section seems clear […]
Two Significant Bills Introduced Impacting HOAs in Colorado
The following communication from CAI’s Colorado Legislative Action Committee (CLAC) has been sent to CAI members in Colorado on the introduction of bills addressing manager licensure and HOA debt collections. In addition to future communications from CLAC, stay tuned to this blog for important updates on these significant bills as they proceed through the legislative […]
Self-governance is the root of our problems
I live in a small rural community of about 130 homes built in a pine forest. The community, like many in America, is not within the city limits but is instead governed by a homeowner’s association. The community was designed and built by a developer some fifteen years ago. There are a set of covenants […]
CO: Foreclosure ‘Reform’ or Headache for Associations?
Recently introduced House Bill 13-1249 has been promoted as an attempt to ‘reform’ the public trustee foreclosure process by requiring lenders to prove that they hold the Deeds of Trust being foreclosed and further requiring them to negotiate and work with borrowers requesting a loan modification or other foreclosure prevention alternatives. If the Bill is […]
Pssst…My Neighbor is Violating the Covenants!
All Colorado community associations are required by the Colorado Common Interest Ownership Act (“CCIOA”) to adopt responsible governance policies governing issues like collections, meeting procedure, and records inspection. CCIOA does not provide a lot of guidance for the terms of these policies, but the policy regarding enforcement of covenants and rules and the imposition of […]
When Should an Association Consider Forgiving an Owner’s Debt?
Owners in your community may frequently request that the board forgive their debt. Can, and should, the board do this? First of all, as many of you are aware, the Board has a fiduciary duty to collect assessments on behalf of the association. That includes the ability to not only assess late fees and interest […]
Clearing the Air on Questions Related to Radon Mitigation
Question: A condominium unit tests high for radon. The radon report shows that the radon has entered into the unit through the concrete floor; therefore, the owner asks the association to mitigate it. Is the association responsible for mitigating radon found in the unit? Read More……
Simple Tips to Avoid a Huge Mess!
An interesting story in the news caught my eye today as I was sipping my morning coffee. An Aurora woman, allegedly frustrated with her non-responsive mortgage company, spray painted the following message on her garage door: Read More……
Slow Down! In the name of the (HOA) Law!
I have an 11 year old daughter that I will not let play, or even ride her bike, on our street. Why? Because I consistently witness maniacs zooming by my house, in their cars, at 100 miles per hour (or so it seems). Have I complained to my HOA? Of course I have! But how […]
Common Sense and Affordable Legislative Approaches Must Be a Priority
As Chair of CAI’s Colorado Legislative Action Committee (“CLAC”) and a political junky, I avidly follow federal and state legislative and regulatory initiatives relating to HOAs. If you follow our blog, you know that on Friday Representative Su Ryden introduced HB 1134 which significantly increases the obligations and authority of the HOA Information Office & […]
Bill Introduced in Colorado House to Broaden Authority and Responsibility of HOA Information Office
On Friday, House Bill 13-1134 (“HB 1134”) was introduced by Representative Su Ryden in the Colorado House of Representatives to broaden the authority of the HOA Information Officer and to clarify the responsibilities of the HOA Information and Resource Center. The primary sponsor of the bill in the Senate is Senator Morgan Carroll. Read More……
Directors’ Duties
We frequently talk about directors’ “fiduciary duties” to their associations and their members. While CCIOA seems to say that non-declarant directors do not have a fiduciary duty (it says no director nor officer shall be liable for actions taken or omissions made in performance of such person’s duties except for wanton and willful acts or […]
Maintenance and Insurance Charts
An association’s maintenance and insurance obligations are typically set forth in the association’s declarations of covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards and managers clear answers. Often times, many provisions of the declaration need to be cross referenced and read in conjunction, and […]
Better Communication in 2013
I love the fresh start of a new year. Like many people, I use the last few days of the year to reflect on accomplishments, identify areas for improvement and growth, and set goals for the next twelve months. The last week of the year often slows down enough for reflection and planning, and I […]
2013 New Year Resolutions for Directors and Residents of HOAs
For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors. Read More……
SIDE STREETS: Transparency coming to homeowners associations
If you volunteer on a homeowners association board, you better create a new email account, quickly, for HOA business only. And be prepared to operate with greater accountability to your fellow homeowners. A new state law taking effect Jan. 1 mandates new levels of transparency from HOA officers while it takes steps to protect the […]
Making a List and Checking it Twice
It’s that time of year again when Boards are planning for the New Year. One of the tasks on their list should be to make sure the Association has enacted the mandatory governance policies and that each policy is being consistently implemented. Read More……
How to be a Grinch
I’ll admit it, I’m something of a Grinch. I’m just not very good at putting up the holiday decorations that so many other people do so well. My neighborhood is having a holiday light competition. I haven’t managed to put up any lights, but if I were to put up anything, it would look like […]
Strategic Planning for the New Year
We all know that it is easy to get caught up in day-to-day activities and “emergencies” that command so much of our time. But we also know that, every once in awhile, it is a good idea to take a step back and reflect on where we have been, and where we are going. While […]
Meeting Moment–Amending Minutes
The first action item on most owners’ meeting agendas is approving the minutes of the last owners’ meeting. Let’s say that — as usual — you have an ambitious agenda, with many action items and a limited time in which to get through them all. But when the secretary moves to approve last year’s minutes, […]
Is Your Association Prepared for Natural Disasters?
Natural disasters come in many shapes and sizes. It could be a tornado, a flood, Superstorm Sandy, or a wildfire. Regardless of the type of disaster, the devastation and loss is often overwhelming. Nothing can fully prepare someone to handle the emotional impact of a natural disaster. However, with some thought and planning before a […]
‘Redemption’ from Uncollected Debt
Last week Gina Botti blogged about the importance of properly recording an association assessment lien. Although CCIOA states that a lien is ‘perfected’ or in place upon the recording of the association’s Declaration, it is still important to prepare and record a Notice of Lien to ensure that the lien is not overlooked upon the […]
Association Safeguards: A 12-Step Program to Protect You and Your Association
This article addresses those key affirmative steps a board, on behalf of the association, should take in order to protect the association. Although the needs of every community are inherently different, the following steps are applicable to every association and will help boards stay informed about the status of their associations. Read More……
Make Sure to Vote – At Your HOA Annual Meeting!
If you are like me, election day couldn’t come soon enough. While I’m truly a political junkie, the negative campaigning became so overwhelming that even I muted the TV during commercials and we quit answering the incessant political calls. While the negative campaigns were distasteful and the truth became something that was optional, the real […]
How to avoid becoming a headline – or successfully dealing with it if you do
As you know, from time to time, HOAs end up in the news for perceived abuses to residents of an association or to question actions taken by the board or management. While the allegations in the news coverage may or may not be true, it’s rare to see a flattering story about an HOA. As […]
Be Nice to Grumps!
Every Board member knows there are some people who are simply grumps. They enjoy creating a negative environment. While Board members are only human, it’s important to remember to treat grumps the same as any other member of the association. If a Board treats a grump differently, that Board could end up with a case […]
Wildfire App catches Fire
The 2012 wildfire season was one of the worst on record, leaving the people at the American Red Cross busy devising new and innovative ways to get information to people faster. As a response to the growing use of technology, they have created the “Wildfire App.” Read More……
Knowledge, Participation and Solutions Empower Homeowners
Last Thursday, as Chair of CAI’s Colorado Legislative Action Committee, I served on a panel for a Town Hall Meeting hosted by State Representatives Angela Williams, Su Ryden, Rhonda Fields, Nancy Todd and State Senator Morgan Carroll. The topic of the evening revolved around HOAs, the problems folks living in them sometimes experience and whether […]
Anatomy of An HOA Dispute Run Amok
After 11 years of battling, a judge has finally resolved an outstanding covenant enforcement dispute which involved many court hearings, a jury trial, two appeals and then a second trial. That’s correct, 11 years of an owner and an association going round-for-round on who was right. Read More……
Of Course You Don’t Need Workers’ Compensation Insurance – Or Do You?
We occasionally get questions about whether a homeowners association should obtain its own workers’ compensation insurance, and when we recommend “Yes,” the inevitable question is “Why; we don’t have any employees?” Read More……
Arbitration of Construction Defect Claims Against Developer and General Contractor
Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531. The Glass House ruling provides direction for developers and general contractors to choose a preferred method of dispute resolution for construction defect claims. The Denver District Courts recently upheld mandatory arbitration in a […]
The Silent Killer
Over the weekend, I was once again reminded of the importance of carbon monoxide detectors. Sadly, it was reported that one person died and a total of nine families were displaced from their apartment complex in Colorado Springs due to high levels of carbon monoxide. Read More……
Difficult People: How Do You Deal with Them?
How do we as humans deal with people who yell and scream at us or refuse to be rational? You know the type, adversarial, manipulative, inflexible, unreasonable, irrational. For most people, the answer is “We don’t”. If given the choice, most of us choose not to work with people like this. We don’t socialize with […]
How Can Community Associations be Smart with Smart Phones?
As smart phones are being used for a multitude of things, how can they be used in the community association context? One way is to access information quickly. In the middle of a meeting once, I had to get the specific language of a statute. A quick Google on my phone, and I had the […]
The Vicious Cycle of Collections and a Solution: Acceleration!
Situation: On January 10, 2012, your association obtains a judgment against a homeowner for the balance, as of that date, of unpaid assessments, late fees, interest, attorney fees, and costs. In June of 2012, through a wage garnishment, the judgment balance is collected. Success? YES and no. Read More……
Time to Budget for Deferred Legal Maintenance
Now that accounts receivables are finally starting to shrink, many associations are working hard to stabilize their communities’ finances and planning to take care of long-deferred maintenance projects. During this upcoming budget season, boards and managers will be making important decisions about which projects can, and must, be funded next year and over the coming […]