Anti-Wal-Mart yard signs began appearing last month in neighborhoods surrounding the 9th and Colorado redevelopment project in advance of a public meeting on the project. If your association is faced with a potentially unwanted development next door, what is the association’s responsibility? Whether it’s a Wal-Mart or a Dollar General store, boards are often faced […]
HOA Opinion Piece in Denver Post Paints Unfair Picture
Today in the Denver Post, an opinion was published by Jose’ Martinez entitled The dark side of HOAs. While there is no question that not every HOA is perfect, it’s unfortunate that Mr. Martinez made the leap that based upon an anecdotal situation he observed – all HOA boards and management companies are bad. Mr. […]
Budget Season: How is your HOA handling reserves?
After a wonderful holiday weekend, it’s time to saddle up and get back to work! For management and boards of homeowners’ associations (“HOAs”), that means budget season is now in full swing. While community association managers play a pivotal role in assisting boards with the creation of budgets, it’s ultimately up to each board to […]
The Mailbox Rule: The Law’s Response to “I Didn’t Get Notice”
How many times have you heard a homeowner tell a manager or board that he/she did not receive the delinquency notices mailed? As a collections attorney, I hear this excuse very frequently from homeowners. More times than not, homeowners do not “receive” letters because they fail to open their mail. This can be intentional or […]
Does Your Association Have the Written Policies it Needs?
By now, most community associations have met the minimum requirements when it comes to adopting the responsible governance policies required under the Colorado Common Interest Ownership Act (CCIOA). You have duly adopted all 9 of the required policies, including a collection policy, an enforcement policy and a conflict of interest policy to name a few. […]
Using Common Sense Could Lead to More Common Cents in Your Community
I am a lawyer. I read, on a regular and ongoing basis, governing documents, statutes, contracts, and other such documents. I am asked to provide my opinion on various legal issues and, in doing so, I review the relevant documents and applicable law, and provide a course of action. And yet, all the legal knowledge […]
What is Mediation?
Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties are ordered to attend mediation prior to scheduling a trial. In some instances, however, even […]
You Catch More Flies With Honey
As I was driving to work this morning, I was reflecting on some of the less than constructive communications I have witnessed in the community association context lately. I don’t know if it’s the heat that’s getting to everyone or if the ugly presidential campaign is starting to rub off on us, but it seems […]
Meeting Moment – Avoid Rookie Mistakes
Usually we talk about how to handle the tough stuff that may come up during homeowner meetings. This month, we’ll talk about the easy stuff: how to avoid “rookie mistakes” — oversights that new or inexperienced meeting chairs often make. Keep this list with you and you’ll be more confident and professional while you preside […]
To Amend or Not To Amend? That is the Questions
Over the years, the law with respect to community associations has changed and morphed in many ways. If your community’s documents are more than five years old, it may be time to examine your documents and determine if they are doing your association more harm than good. Read More……
Colorado Springs HOA Has Unique Opportunity to Build Consensus and Community
Yesterday, the Denver Post ran a story entitled Rebuilding to test covenants after Colorado Springs wildfire. The story focuses on the Mountain Shadows Community Association which was devastated by the Waldo Canyon fire. The Post reports that 346 homes were destroyed in this community made up of custom homes, patio homes, condos and townhouses. Read More……
Dealing with the Media
I have a Google Alert set up which gives me a daily report of internet posts and media coverage anytime an association is involved. I see, on average, 10-15 stories a day. As a result, planning for your association to receive media attention is something every manager and board members should do. Read More…… (PDF)
Happy and Effective HOA Residents: Trait #1
For those of you who follow our blog, you know that last spring I posted a series of blog entries outlining the Traits of Highly Effective HOA Directors. This popular series focused on those traits of HOA directors that contribute to the successful governance and operations of the associations they serve. Read More……
What is “Reasonable”?
Reasonable is a term that is used a lot in the world of homeowner associations. It is a term that can have different meanings depending on who is interpreting the term and in what context the term is being used. According to Meriam-Webster’s Dictionary, the term reasonable means, “1a : being in accordance with reason; […]
Lying About Assistance Animal Backfires on Owner
In this day and age it’s a rare situation where an association prevails in a legal action involving assistance animals. But for the Sun Harbor Homeowners Association, this is a current reality. Read More……
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]