In this dispute between the Town of Vail and a condominium association, the Court of Appeals concluded a town ordinance that imposes restrictions on the use of condominium units violates the anti-discrimination provision of the Colorado Common Interest Ownership Act. (scroll down to 3rd case) Read the entire article……………………………….
Receivership: An Alternative Collection Method (CO)
A receivership is the court ordered appointment of a rental manager for a property. The receiver (rental manager) is a disinterested person who manages the rental of the property, collects the rents and disburses the rents according to a court’s orders. The receiver should be experienced and knowledgeable in rental property management.Read the entire article……………………………….
Public Adjusters and Community Associations (CO)
Community associations frequently incur significant and complicated insurance claims. The Colorado Front Range is notorious for intense hailstorms and the resulting roof loss claims. The process to document and submit a claim to the insurer to receive all appropriate insurance proceeds is known as “claim adjustment”. Claim adjustment can be time-consuming and complicated. Many associations […]
What Is Selective Enforcement and Is Our Board Doing It? (CO)
In its most basic form, “Selective Enforcement” is when an association’s board chooses, at its discretion, to enforce a particular rule or obligation against one owner or group of owners but not to enforce that same rule or obligation against other owners. Read the entire article……………………………….
Community organizations are only as strong as their boards (CO)
Nonprofit organizations and community districts/associations play an important role by providing critical services that not only contribute to economic stability but fill important niche services that improve our quality of life. These organizations, associations, and special districts are often run by volunteer board leaders — think nonprofits, metro boards, recreation boards, property owner associations, town […]
2021 Legislative Updates (CO)
Two new House Bills which directly impact HOAs were signed into law on July 2, 2021. HB 21-1310 impacts an HOA’s ability to restrict an owner’s right to display flags or signs on the Owner’s property. HB 21-1229 addresses several topics, such as allowing an owner to use non-vegetative turf grass in backyards, clarification of […]
HOAs Go Green: Colorado Bill Forces HOAs to Accept Fake Grass and Solar Panels
Recently, Colorado House Bill 21-1229 passed, increasing protections for property owners within HOA-guided communities. The bill keeps Homeowner Associations (HOAs) from prohibiting xeriscape, nonvegetative turf grass, and renewable energy-generation devices (like solar panels). Read the entire article……………………………….
Dealing with HOA Harassment (CO)
Over the past year we have been required to spend much more time at home. During that time, some of us attempted to tutor our children through virtual schooling. We canceled vacations, graduations, and other important events. These stressors did not bring out the best in everyone. Many HOA board members, and every manager, have […]
New legislation going into effect September 7th (CO)
Two new bills relating specifically to HOAs have recently been signed into law and take effect in early September. Several of the highlights are below. Read the entire article……………………………….
Special Assessments and the Budget Ratification Process (CO)
Since July 1, 2018, when the CCIOA budget process was made applicable to pre-CCIOA communities, there continues to be confusion and unclarity with respect to the CCIOA budget process and especially if and how it applies to special assessments. The purpose of this article is to help clarify both the budget process and special assessment […]
Board Basics 101: What Every Board Member Needs to Know
“Community Association” is the generic term for communities that are created pursuant to recorded covenants or other documents that create an association of the unit or homeowners. The term community association includes condominiums, homeowner associations, and housing cooperatives. These are typically organized as non-profit corporations. Read the entire article……………………………….
Time To Update Your Sign ands Flag Rules (CO)
HB 1310 has been making its way through the legislative process and Passed 3rd Reading in the Senate on June 10, 2021 with no amendments. This means the bill will be, if not already, sent to the Governor for signature. How will this bill impact associations? For one, it will require current rules pertaining to […]
Ethics Starts with You…
The term “Ethics” can sometimes generate different feelings and meanings for different people. However, we usually count on people of high moral character to act virtuously both in public and private. They seek the greatest amount of good for themselves and others. In this way, they are seen as moral decision-makers. Read the entire article……………………………….
The Ethical Dilemmas of Community Association Insurance
The procurement and maintenance of Insurance in the community association industry is shrouded in unique ethical considerations that do not apply to individual insurance consumers. Enter the Community Association Board’s (“Board”) “fiduciary Duty.” This process is imbued with inherent ethical considerations for not only Boards, but also Community Association Managers (“CAMs”), Community Association Attorneys, Community […]
When Does a Board Member’s Financial Interest in a Transaction Cross the Line? (CO)
Board members come from all walks of life and have a variety of connections or expertise that may overlap with the needs of their associations. Sometimes this works to the association’s benefit. It may also work to the board member’s benefit. Any board member who will or may receive a financial benefit or interest from […]
The Importance of Loss Assessment Coverage
In a situation where the entire community is assessed for a deductible, coverage is generally available under the loss assessment portion of the HO6 policy. Loss assessment coverage is triggered when everyone in the community is assessed for an association’s deductible. Read the entire article……………………………….
10 Tips for Choosing a Community Association Insurance Policy (CO)
Every year, an association must renew or select a new insurance policy for the association. Often boards struggle with choosing one of the most expensive line items on the budget. Here are some quick tips associations can use for some basic guidelines in selecting a policy. Read the entire article……………………………….
Armstrong: Colorado ACLU gets it wrong on HOAs and property rights
I love the American Civil Liberties Union. I think the state and national ACLU do some great work, even though I often disagree with their policy positions. When in 1988 George H. W. Bush derided Michael Dukakis for being a “card-carrying member of the ACLU,” Dukakis should have retorted, “You’re damn right I am and […]
Is Your Association Getting Sued? (CO)
We all hope to avoid conflict and to resolve disputes informally before they go to court. That is why associations are required to have written dispute resolution policies. But sometimes, a lawsuit is unavoidable. If you are a manager or board member for an association that has been sued, there are a number of important […]
Solar Panels -Do You Have to Allow Them? (CO)
Pursuant to the Colorado Titles and Interest Statute associations cannot prohibit or otherwise place unreasonable restrictions on the installation of solar panels on owners’ properties. Keep in mind that solar panels are not protected on general or limited common elements, so if you serve on a board of directors of a condominium community, this prohibition […]
Can HOAs Do Better? An Opinion from an HOA Board Member (CO)
Do you live in a Home Owner’s Association (HOA) Are you serving on an Executive Board like I am? Well, you are not alone, although it might feel like it some days. There are some 9,200 HOAs in Colorado where 1,850,000 Coloradans live – almost a third of the population of the State. Read the entire […]
So What’s the Deal With Pools Now? (CO)
The latest public health order, PHO 20-38, issued May 14, 2021, has removed the mask mandate for vaccinated individuals and most people are thrilled! With the removal of the mask mandate comes the follow-up questions of what this means for opening pools, playgrounds, gyms, and the like. Read the entire article……………………………….
Who’s Going to Pay for This? Common Expenses and Limited Assessments in Common Interest Communities (CO)
Two common topics of discussion in condominium and townhome associations are: (1) who is responsible for the maintenance, repair, and replacement of the building components; and (2) who is responsible for paying for repairs. Read the entire article……………………………….
Introducing HB 21-1310 – Homeowners’ Association Regulation Of Flags and Signs (CO)
On May 10, 2021, HB 21-1310 was introduced in the House and assigned to the Transportation & Local Government Committee for review. The bill’s main purpose is to broaden protections for homeowners’ “freedom of expression” in common interest communities under the Colorado Common Interest Ownership Act (“CCIOA”) by changing how signs and flags are currently […]
Have Your Eyes Wide Open When Adopting a Ban on Short-Term Rentals (CO)
A trend that started just over a decade ago, and which has not let up since, is the desire for people to monetize their assets. Airbnb began its business in 2008. Uber popped up in 2009. Today, homeowners can use Neighbor to rent out their extra parking spaces to RV owners. Do you think this […]
Payment Plan Offer Letters & Top Pitfalls We’re Seeing (CO)
Back in 2013, HB-1276 was adopted in the Colorado legislature, which required an overhaul of Collection Policies and pre-collection procedures. That change took effect on January 1, 2014. Now that it’s been 7 years and several new laws that impact Associations later, it’s easy to lose track of the details. We’ve seen a trend of […]
Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders
The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the Colorado Court of Appeals issued an opinion underscoring the liability that developers and builders face when building “common interest communities” […]
Association Handyman – Employee or Independent Contractor? (CO)
Community associations in need of a handyman or other services may turn to hire homeowners or community residents to do small jobs within the community on an ongoing basis. The association may be tempted to automatically consider the individual to be an “independent contractor” rather than an employee in order to avoid payments such as […]
HB21-1229 The Break Down (CO)
A few weeks ago, we let you know that the anticipated CCIOA transparency bill was introduced. We have now had the opportunity to review, digest, and comment upon HB 21-1229, coming in at a mind-blowing 27 pages and with 19 unique sections. Read the entire article……………………………….
Turning Bad Documents Into Good Ones (CO)
A community association’s governing documents – its Articles of Incorporation, Bylaws, and Declaration of 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 the entire article……………………………….
The Cost of Deferred Maintenance
Many communities find themselves with a dilemma. In the time of COVID-19, communities have many of their residents working from home or not at all. Their daily routine consists of walking the dog, convincing their kids that online schooling is working, logging into an online meeting, talking to clients and colleagues on the phone, then […]
Success with Security: Proactive Mindsets vs Reactive Measures
For many of us, experiencing some degree of property crime, or knowing someone who has, is becoming more of the rule than the exception. With any economic downturn comes an increase in property crimes such as mail theft, vehicle burglary, package theft and burglary of homes and businesses, to name a few. While there is […]
Covenants and Maintenance
With Spring finally upon us, community associations and homeowners alike are planning for necessary repairs and renovations. Particularly in condominium and townhome communities, there can be a great deal of confusion and ambiguity surrounding who is financially responsible to either insure or maintain and repair a particular improvement. Read the entire article……………………………….
Preventative Maintenance 101
Annual inspections and preventative maintenance are an important aspect to prevent larger issues from occurring in the future on every property, large or small. It is recommended that properties are inspected every year to look for maintenance concerns. Addressing the smaller concerns every year helps your Boards when preparing budgets and catching issues before they […]
Preventative Dryer Vent Care
While cleaning the dryer vent is not on the top of every owner’s to-do list, it is a crucial activity that, when neglected, can cause increased energy bills, expensive dryer repairs, and dangerous fire hazards. Thankfully, taking measures to keep these problems from arising is simple, only necessitating preventative dryer vent care. Read the entire […]
Irrigation Upgrades: Modernization and Technology Upgrades (CO)
With the worsening drought, tightening water supplies, and increasing water demand, we are caught between a rock and a hard place when it comes to water and unfortunately, it does not look like this situation will get better any time soon. Read the entire article……………………………….
Fundamentals of Updating Community Signage (CO)
our HOA Board has asked you to get quotes for “updating the signage” but no other instruction. Where do you go from here? What exactly do they mean by “update?” Here is some basic information that will help you look like a knowledgeable rock star. Read the entire article……………………………….
Concrete Maintenance and Coatings for Associations (CO)
It is everywhere you look. We all use concrete in our daily travels and it is often where you live and where you work. One of the most attractive benefits of concrete is its low initial cost and diverse usability. When you think of concrete, you might reason it is bulletproof and in need of […]
Best Practices in Transferring Collections to Attorneys (CO)
When notices from the H.O.A. prove unsuccessful in recovering delinquent assessments, transferring collections to a law firm is likely the next step. However, there is a prerequisite that must be fulfilled prior to the transfer, and there are certain documents and information that should be sent to the law firm in order to help solve […]
Free Speech in an Association (CO)
Freedom of speech is the right to state one’s opinions or ideas without suffering punishment or censorship from the government. It is important to remember that associations are not the government; therefore, while many homeowners wish to express their opinions, political or otherwise, through signs, flags, and banners, associations have the absolute right (with a […]
Covenants and Maintenance (CO)
With Spring finally upon us, community associations and homeowners alike are planning for necessary repairs and renovations. Particularly in condominium and townhome communities, there can be a great deal of confusion and ambiguity surrounding who is financially responsible to either insure or maintain and repair a particular improvement. Read the article…………………………………….
Success with Security: Proactive Mindsets vs Reactive Measures (CO)
For many of us, experiencing some degree of property crime, or knowing someone who has, is becoming more of the rule than the exception. With any economic downturn comes an increase in property crimes such as mail theft, vehicle burglary, package theft and burglary of homes and businesses, to name a few. While there is […]
Preventative Maintenance 101 (CO)
Annual inspections and preventative maintenance are an important aspect to prevent larger issues from occurring in the future on every property, large or small. It is recommended that properties are inspected every year to look for maintenance concerns. Addressing the smaller concerns every year helps your Boards when preparing budgets and catching issues before they […]
Irrigation Upgrades: Modernization and Technology Upgrades (CO)
With the worsening drought, tightening water supplies, and increasing water demand, we are caught between a rock and a hard place when it comes to water and unfortunately, it does not look like this situation will get better any time soon. Read the article………………………………….
The Cost of Deferred Maintenance (CO)
Many communities find themselves with a dilemma. In the time of COVID-19, communities have many of their residents working from home or not at all. Their daily routine consists of walking the dog, convincing their kids that online schooling is working, logging into an online meeting, talking to clients and colleagues on the phone, then […]
Fundamentals of Updating Community Signage (CO)
Your HOA Board has asked you to get quotes for “updating the signage” but no other instruction. Where do you go from here? What exactly do they mean by “update?” Here is some basic information that will help you look like a knowledgeable rock star. Read the article……………………………………
Communication with Owners: Best Practices
Lack of communication or ineffective communication can damage any relationship. If I fail to communicate at all then I lose credibility, create suspicion or mistrust, and potentially cause or perpetuate conflict. On the other hand, if I communicate ineffectively, thenit makes no difference what I say as it will either be misunderstood, disregarded or, again, […]
Top 3 Worst Collections Limitations You Should Delete From Your Governing Documents (CO)
Last week, we posted a blog about the Top 3 Best Collection Remedies You Should Have In Your Governing Documents. Unfortunately, there are often some limitations in many association’s governing documents that should be removed for more effective collections. Read the article………………………………..
Common Amendments for Community Associations in 2021 (CO)
In addition to state law such as the Colorado Common Interest Ownership Act (CCIOA) and the Colorado Revised Nonprofit Corporation Act (CRNCA), homeowner associations in Colorado are primarily governed by the association’s Articles of Incorporation, Bylaws, Declaration of Covenants, Plat Map, Design Guidelines, and Rules and Regulations. These documents are collectively commonly referred to as […]