Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022. Read the article………………………..
Need to Know: What Board Members Should Know About Construction Defect (CO)
Buying a new home is a milestone experience full of choices for your colors, flooring, and finishes. For months, you stop by and check on the progress. The anticipation builds until, finally, you close on the home and move in. As the months go by, you notice little flaws here and there but nothing that […]
Participating in a Construction Defect Claim – 30,000 Foot View (CO)
What is a “construction defect”? A construction defect is any condition or improvement that was designed, installed or constructed in a manner that falls below the applicable standard of care. Generally speaking, this encompasses any construction that does not comply with the building code requirements and/or the applicable plans, specifications, soil reports, geotechnical reports and/or […]
Understanding Owners’ Rights to Access Association Records (CO)
It is an issue that every community association faces homeowner requests for association documents. But what are homeowners entitled to, and what documents, if any, can an association withhold? Read the article………………………..
A Practical Approach to Board Member ‘Fiduciary Duties’ (CO)
The words “fiduciary duty” are ones that many of us in the community association industry come across frequently. It is especially common to hear these words thrown around loosely when one or more members of a community association board of directors are “misbehaving”. In legal terms, it can be simply defined as owing a duty […]
HB 1137 – How It Changed Covenant Enforcement and Collection Policies (CO)
In the 2022 legislative session, the Colorado Legislature made significant changes to the way homeowner associations are governed. One bill in particular, HB22-1137, added a number of new requirements for associations with a focus on covenant enforcement and collection procedures. As some of the requirements may be confusing, below is a simplified cheat sheet that […]
SHHHHHHHHH . . . IT’S ATTORNEY-CLIENT PRIVILEGED
The attorney-client privilege is not typically at the forefront of peoples’ minds when communicating with counsel, but it really should be. An accidental waiver of the privilege can lead clients to compromising positions, expose them to liability, and place them at legal disadvantage with respect to the particular legal matter. Read the article………………………..
CLAC Update 2023 (CO)
The 2023 Colorado legislative session is fast approaching, and the CAI Colorado Legislative Action Committee (LAC) team is already preparing to ensure that we are working with our membership to protect the interests of community associations in our state. To that end, the LAC has engaged a new lobbying team. Taylor Hickerson with Policy Matters […]
When Boards Overstep / HOA Abuse of Power (CO)
It’s tough to be a volunteer HOA board member in Colorado these days. Just last night, I was watching a PBS show called “The Trouble with HOAs”, and depending on who was being interviewed, the board was doing too much or caring too little. It’s no wonder that sometimes boards are accused of overstepping their […]
Community Myth Busters: Informal Board Meetings Are As Real as a Unicorn (CO)
There is little difference between a unicorn and the right of a Colorado Common Interest Community (“CIC”) to hold an “informal board meeting.” While most people have heard of them, they do not really exist. A legally cringeworthy response to whether minutes were taken at a Board meeting is: “But that was just an informal […]
How HB 22-1137 Changed the Face of Covenant Enforcement in Colorado Common Interest Communities
Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022 Read the article………………………..
Understanding Owners’ Rights to Access Association Records (CO)
It is an issue that every community association faces homeowner requests for association documents. But what are homeowners entitled to, and what documents, if any, can an association withhold? Read the article………………………..
Increase the Defensibility of Your Home with These Crucial Fire Safety Products (CO)
There is no way around it — Boulder County is wildfire territory. Although we can neither predict nor control Mother Nature, there are some steps homeowners can, and should, take to harden their homes against fire damage. Some of the important first steps include clearing your gutters of leaves and other flammable materials, maintaining your […]
Covenant Enforcement in the HB-1137 World (CO)
Winter is a great time to review your association’s governing documents including your declaration and rules and regulations to ensure your association is moving forward in a positive direction. Specifically, you want to make sure that your governing documents match up to how the Board and the community see the Association moving into the future. […]
HOA Help for Homeowners? (CO)
In Colorado, as in most other states, the road to dispute resolution between a homeowner and their HOA involves lawyers, courts and costly proceedings. Too often in Colorado, dispute resoluiton means most homeowners forego enforcing their rights as it is their limited resources against the unlimited financial and legal resources of the HOA. HOAs are […]
Borrowing More Than a Cup of Sugar: Current and Former Board Members Charged with Siphoning Millions from Florida HOA
A past president of the Board of Directors of Hammock Community Association in West Kendall, Florida, along with her husband and three others, were arrested and charged with crimes ranging from grand theft, racketeering, fraud, and money laundering related to a years-long scheme to siphon money intended for community maintenance and upkeep into their own […]
Special Meetings of Owners – Who Gets to Call them and How? (CO)
Have you ever received a demand from an owner or multiple owners to call a special meeting of members? The demand may have been to schedule a recall meeting, or it may have been to discuss a particular issue. Regardless of the cause for such demands, many boards do not know what to do with […]
Enforcing Covenants Under HB 22-1137 – *Winter is Coming* (CO)
HB22-1137 (“1137”) has changed the way associations evaluate and conduct enforcement procedures. 1137 created significant hurdles for associations to effectively enforce their covenants, such as the requisite for specific notice requirements – which now mandates two thirty-day cure periods and requires the association to inspect and notify the unit owner once the property comes into […]
Important Reminders re. HB22-1137 (CO)
As HB22-1137 is now law, collection practices by an Association have to be adjusted as follows: Read the article………………………..
CAN WE SWAP PARKING SPACES? REALLOCATION OF LIMITED COMMON ELEMENTS (CO)
Have owners in your association ever approached you with a request to switch assigned parking spaces or garages that are allocated as limited common elements and your association’s documents? What did you tell them, and did you know that the Colorado Common Interest Ownership Act (“CCIOA”) specifically addresses this issue for post-CCIOA communities (i.e. created […]
HB-1137: ARE YOUR POLICIES UP TO DATE? (CO)
HB22-1137 is all the rage lately, isn’t it? New procedures, notices, lengths of payment plans, limitations on fines, keeping better track of communications regarding all of the above – whoo! Exhausted just thinking about it! Read the article………………………..
Additional Legislative Updates (CO)
Please note the following updated legislations affecting proxies for upcoming elections and common amenities: Read the article………………………..
DIRECTORS’ STATUTORY STANDARDS OF CONDUCT—PROTECT YOURSELVES FROM LIABILITY! (CO)
When it comes to director duties and obligations, people throw around lots of terms, such as “fiduciary”, “duty”, and “best interests”. But rarely does anyone reference a specific statute, or specific language, in a statute addressing board duties. Read the article………………………..
WHAT TO KNOW ABOUT HOW HB22-1137 CHANGED HOA COLLECTIONS (CO)
This past summer, the Colorado legislature passed HB22-1137, which became effective on August 9, 2022. This new law requires Colorado associations to update their Collection Policy, Covenant Enforcement Policy and Conduct of Meetings Policy. Additionally, it requires several changes to the collections and covenant enforcement processes. This article focuses on the collections changes, but if […]
And the Pendulum Swings: HB22-1137 – HOA Board Transparency and Accountability (CO)
The Colorado General Assembly passed HB22-1137 increasing HOA Board requirements before filing lawsuits and limiting interest on delinquent accounts. We have mixed emotions about this law. On one hand, we have seen some heavy-handed HOA boards and lawyers taking advantage of the previous law. On the other hand, the pendulum has swung far the other […]
CLAC INTERPRETATION OF HB22-1137 (CO)
Colorado Legislative Action Committee (“CLAC”) is the legislative lobby arm for the two Community Association Institute Chapters in Colorado. CLAC has been involved in the analysis of HB22-1137, recent legislations that modified the Colorado Common Interest Ownership Act concerning collection of outstanding assessments, including foreclosures, covenant enforcement, and the handling of private issues during association […]
A solution for HB-1137 required collection notice postings: ‘HOA Postings’ (CO)
Colorado House Bill 22-1137, effective on August 10, 2022, requires Associations to post a copy of certain collection notices on the door/property of the delinquent owners. Read the article………………………..
Colorado 2022 End of Legislative Session Report
The Colorado General Assembly had a busy year, with 418 bills introduced in the House and 238 bills introduced in the Senate. While the Colorado Legislative Action Committee (CLAC) tracked many bills of interest, the piece of legislation of most consequence was HB 22-1137, which restricts an association’s power related to fines and rule enforcement. Read […]
School is in Session: Does Your Board Need Education? (CO)
As a board member and/or homeowner, you have an incredible opportunity to make a difference in your community. But your role as a leader is only as effective as the knowledge you bring to the table. While there are no guarantees that your neighbors will agree with each decision made by their HOA Board, keeping […]
GETTING VOLUNTEERS FOR THE BOARD: HOW DO YOU MAKE A THANKLESS JOB THANKFUL?
Is it my imagination or are people getting less patient, more critical, more demanding, and less understanding? It seems over the last few years boards have been criticized and admonished more, while being appreciated and understood less. No wonder it’s becoming more and more difficult to fill board vacancies. After all, why would someone volunteer […]
EXECUTIVE SESSIONS AND HOUSE BILL 22-1137 (CO)
One instance in which Colorado law favors transparency in homeowner associations is in the form of open Board meetings. Specifically, Section 308 of the Colorado Common Interest Ownership Act (“CCIOA”) provides that meetings of an association’s Board of Directors are generally open to attendance by all homeowners Read the article………………………..
Notice to Clients About HB 22-1137 (CO)
On August 10th, HB 22-1137 became law. All associations not exempt from the relevant provisions of CCIOA, must now take the following actions regarding delinquent accounts: Read the article………………………..
Nearly $30K Vanished From the HOA’s Account. The State Can’t Investigate the Management Company.
Community association managers run most of Colorado’s 10,000 homeowners associations, but state regulators no longer have the authority to look into complaints about unexplained price hikes, shadowy elections or fraud. Homeowners pay the price. Read the article………………………..
A Reserve Study Primer
When living in a homeowner association, what are the things to think about? Some considerations may include: location, amenities, how much are the dues and assessments? One important topic that may be only discussed every five years is, ‘Is the Reserve account adequately funded’? Read the article………………………..
Budgeting 101
I’m a budget nerd, and I freely admit it. Putting together an HOA budget and seeing each month how accurately the projections and actuals fall into place gives me a sense of satisfaction and downright gleefulness. In the coming weeks, this process begins again as I start the budgets for the communities I manage. With […]
Investing Association Reserve Funds—A Historical Perspective
When we discuss the best practices for investing association reserve funds in today’s world, it is probably best to review a bit of history with this topic. Community Associations began to take hold during the 1970s. During the 1980s, association reserve accounts began to grow. At the time, interest rates were substantially higher than today. Read […]
Telling Your Association’s Financial Story: How to Read Monthly Financials Properly
Have you ever found yourself looking at a set of association financials that appear to be a bunch of codes that need deciphering? Imagine the pressure of being a new community manager at your first Board meeting, and you are expected to explain the association’s financial position. The financial portion of the meeting is inching […]
HB22-1137 COLLECTIONS QUICK GUIDE FOR HOAS (CO)
Record Keeping: The HOA must keep records of when notices are mailed, emailed, texted or posted. This needs to include time, date, manner, etc. Read the article………………………..
Maintenance and Insurance Charts
An association’s maintenance and insurance obligations are typically set forth in the association’s covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards or managers clear answers. Often times, provisions of the declaration must be cross referenced and read in conjunction, and statutes consulted, before an […]
HOA Reserve Funds: funding plans and inflation can leave the Fund depleted
The last time your HOA reviewed/updated reserve fund requirements may have been a decade ago. Then again, your HOA may not even think about funding this account. Reserve funds are maintained through your monthly assessments to pay for planned maintenance and replacement of HOA common areas and assets. Read the article………………………..
NUTS AND BOLTS OF FORECLOSURE: AN OVERVIEW FROM THE FORECLOSURE DEPARTMENT (CO)
As the primary foreclosure attorney at Altitude Community Law, I am often asked to explain judicial foreclosures. There are a lot of moving parts in a foreclosure, and your average citizen is often unfamiliar with the process. And, because it is human nature to shy away from the unfamiliar, board members and community association managers […]
Colorado New HOA Laws: How Will This Impact HOAs?
In Colorado, new HOA laws were recently passed. These new laws will significantly affect how homeowners associations in the state operate. As such, every HOA board should make an effort to familiarize themselves with these laws. Read the article…………………..
Action Outside a Meeting – How Does It Work and When Can It Be Used? (CO)
What exactly does it mean to take action (i.e. make a decision) outside of a meeting and who has that right anyway? Most importantly, when should action outside a meeting be taken? While in-person (or virtual) meetings and open discussions are always best, it is not always feasible. Therefore, making decisions outside meetings is a […]
Towing: Making Sure Your Community Complies with the New Requirements (CO)
Does your association tow noncompliant vehicles? If so, it is imperative you know and understand some recent changes in the law when it comes to this remedy. Starting August 2022, your community will be required to comply with the new law or face exposure to liability. Read the article………………………..
HOAs can be sued: proceed with caution
First, this article is not to be taken as legal advice Limitations on the length of this article preclude addressing exceptions and minutia in legal issues. It is meant to represent a high level understanding of what can result when a homeowner(s) sues an HOA. Read the entire article……………………………….
Delinquent Homeowner Checks: What to Look For
When an Owner becomes delinquent, and the file is transferred to the attorney for collections, the Owner should begin sending their checks to the law firm for processing. The Owner is advised in writing that the checks are to be mailed to the law firm and not the management company. Read the entire article……………………………….
New Law Impacting HOAs (CO)
House Bill 22-1139 prohibits a common interest community from regulating the use of public right-of-ways. The new law states that associations cannot enforce a covenant, bylaw, rule or regulation that would prohibit the use of a public right-of-way that is otherwise in accordance with local government’s ordinance, resolution, rule, franchise, license or charter. Read the […]
Associations and Loans—Are You Doing It Right? (CO)
Whether your community needs to borrow money to pay for a roof replacement or installation of a swimming pool, it is imperative to know all the requirements and limitations your community has before starting the process. Therefore, the first step an association should take prior to applying for a loan is reaching out to its […]
Five Most Common Conflicts of Interest for Board Members
Bringing proposals for consideration from a company either owned by a Board Member or relative/close friend. According to the Professional Manager Code of Ethics, ‘Managers shall disclose all relationships in writing to the client regarding any actual, potential or perceived conflict of interest between the Manager and other vendors. Read the entire article……………………………….
Claims Confusion Clarified
A manager or Board member’s role within the community association requires many, many hats be worn at various times. One of the more stressful parts of working within a common interest community is assisting in times of crisis, whether it be involving one owner/member or the entire community association. If you’ve managed or volunteered within […]