As Spring quickly approaches, many homeowners will begin making upgrades and repairs to their homes and landscaping. Oftentimes these homeowners forget that prior to commencing work on their property they need to get approval from their HOA. With so many violations about to occur, what is the process that an association must follow to address […]
Senate Bill 21-002 and Collection Restrictions Continued (CO)
As you may be aware, Senate Bill 20-211 (“SB 20-211”), which put restrictions on certain collection actions, expired on February 1, 2021. However, these restrictions were extended by Senate Bill 21-002 (“SB 21-002”) signed into law on January 21, 2021. Like its predecessor, the new law prohibits a debt collector from taking “Extraordinary Collection Actions” […]
Navigating the Insurance Liability Claim Minefield
We have faced a lot of new frontiers as a community this year—Zoom meetings, increased digital sharing of information, how to safely open community common areas, how to allow business partners to complete their work at the community without disrupting concerned residents—all while handling the additional influx of action items and working in a new […]
2020 Community Association Legislation (CO)
2020 was such an action-packed year that you may have missed some of the bills that passed during the 2020 Colorado legislative session. As a quick overview, here are the bills that may have an impact on the future of Colorado community associations. Read the article………………………………………
Emotional Support Animals and Your Community
Alaska Airlines recently announced that as of January 11, 2021, it would officially ban Emotional Support Animals (ESAs) from its flights. The decision follows new US Department of Transportation (DOT) rules which gave airlines “control of the cabin” following “feedback from the airline industry and disability community regarding numerous instances of emotional support animal misbehavior […]
Dealing with Harassment (CO)
Over the past year we have been required to spend much more time at home. During that time, some of us have been attempting to tutor our children through virtual schooling. We have cancelled vacations, graduations, and other important events. These stressors have not brought out the best in everyone. Many board members, and every […]
HOA Volunteer Projects: Cost-Saving or Liability in Waiting? (CO)
It is not uncommon for HOA Boards to need and want additional help with projects around their HOA community. This help often can come in the form of volunteer Homeowners and self-help projects undertaken by Board members. While this form of help can be cost-saving for many HOAs, the Boards must consider the potential liability […]
Frozen Pipes and Finger Pointing (CO)
Given the sub-zero temperatures over this past weekend, we are getting many questions regarding who is responsible for water damage caused by the bursting of frozen pipes. To assist you, we are re-publishing our Altitude Community Education Newsletter of December 2018, entitled “Frozen Pipes and Finger Pointing.” This article will give you a step-by-step analysis […]
The Master and Sub-Association Relationship (CO)
So, your home is located in both a sub-association and a master association community. What does this mean and how will it impact you? Generally, living in a community which is governed by both a master association and a sub-association means individual owners will be subject to two of everything. However, individual master association / […]
The future of ADR for Colorado Associations
The recent ADR survey that the Legislation Action Committee circulated to CAI-RMC membership led to questions about alternative dispute resolution. The survey was designed to obtain member feedback concerning potential legislation related to ADR for community disputes because of the belief that ADR for these disputes will be legislated one way or the other. In […]
Community to Community Disputes (CO)
Developers often create shared use agreements for things like access roads, open space, clubhouses and pools, and other recreational amenities. While these agreements attempt to create structures that allow members of both communities a full and equitable opportunity to make use of the shared improvements, more often than not, they kick the can down the […]
Emotional Support Animals and Your Community (CO)
Alaska Airlines recently announced that as of January 11, 2021, it would officially ban Emotional Support Animals (ESAs) from its flights. The decision follows new US Department of Transportation (DOT) rules which gave airlines “control of the cabin” following “feedback from the airline industry and disability community regarding numerous instances of emotional support animal misbehavior […]
Dealing with Harassment (CO)
Over the past year we have been required to spend much more time at home. During that time, some of us have been attempting to tutor our children through virtual schooling. We have cancelled vacations, graduations, and other important events. These stressors have not brought out the best in everyone. Many board members, and every […]
2020 Community Association Legislation (CO)
2020 was such an action-packed year that you may have missed some of the bills that passed during the 2020 Colorado legislative session. As a quick overview, here are the bills that may have an impact on the future of Colorado community associations. Read the article……………………………..
HOA Volunteer Projects: Cost-Saving or Liability in Waiting? (CO)
It is not uncommon for HOA Boards to need and want additional help with projects around their HOA community. This help often can come in the form of volunteer Homeowners and self-help projects undertaken by Board members. While this form of help can be cost-saving for many HOAs, the Boards must consider the potential liability […]
Navigating the Insurance Liability Claim Minefield (CO)
We have faced a lot of new frontiers as a community this year—Zoom meetings, increased digital sharing of information, how to safely open community common areas, how to allow business partners to complete their work at the community without disrupting concerned residents—all while handling the additional influx of action items and working in a new […]
Can an HOA Enter a Unit? (CO)
There may be times when an HOA Board may be in a situation where it needs to enter a condominium or townhouse Unit in their community. The Board does not have unrestricted access to the Units in their community, and the limits and the authority to enter a Unit are governed by the HOA’s Declaration. […]
What is acceleration of assessments? When and how should you accelerate? (CO)
If you’ve come to one of our collections classes or read your Association’s Collection Policy, you may have heard the term acceleration. But what exactly is that? Accelerating means calling due all of the year’s assessments now. If it’s January and you accelerate assessments, all the monthly (or quarterly) assessments due this year are now […]
Receivership: What’s In It for Me? (CO)
The business of collecting outstanding HOA dues is often fraught with roadblocks. Payment promises are routinely broken, checks bounce, debtors are self-employed or frequently change jobs making wage garnishments ineffective, and bank garnishments often yield pennies on the dollar compared to the cost of issuance and service of the writ. If you are a board […]
Understanding Homeowner Association Insurance (CO)
Master policies are a form of property and liability insurance carried by associations that the members pay for as part of their assessments. Master policies typically cover common elements in a community as well as portions of units at times. State laws pertaining to condominiums and most project legal documents creating condominiums require condominium associations […]
Ho Ho Ho!!! Are You Ready for Tax Season?
Many believe that associations are not required to pay taxes because they are non-profit corporations. However, in most cases, that is not accurate. In order for an association to be exempt from taxes, it must qualify as a tax-exempt entity under Section 501(c)(3) or (4) of the Internal Revenue Code. Read the article……………………………
Election Integrity in Your Community Association (CO)
As of the moment of this writing, we are in the thick of vote counting in our national election, with allegations of fraud, cheating, and mishandling ballots running rampant. On the flip side are allegations of voter intimidation and ballot counting intimidation. While these stories surely affect all of us in different ways, even though […]
Running afoul of HOAs can have outsized consequences (CO)
Homeowners associations, the private, usually nonprofit, corporations that govern residential communities, are often maligned as intrusive, nit-picky coalitions of busybodies. These entities, however, are meant to ensure the maintenance and upkeep of properties — and property values — within their respective communities. HOAs have the authority to set rules, and when those rules aren’t followed, […]
Maintenance and Insurance Charts: Is Your Community Using One? (CO)
An association’s maintenance and insurance obligations are typically set forth in its governing documents, and ideally should be contained in the declaration of covenants, conditions, and restrictions. Although one might expect that a board member, manager, or homeowner would be able to read their communities’ governing documents and find answers to questions concerning their maintenance […]
Written Ballot or Proxy, What’s the Difference? (CO)
With annual meeting season upon us, along with the restrictions and complications attributable to the COVID-19 pandemic, and the need for associations to continue to conduct business, it is a fair assumption that many boards, managers, and homeowner are trying to figure out ways to take action without being physically present at a meeting. There […]
Drones and 3D Property Reconstructions for Homeowners Associations (CO)
For HOA’s, it can be very useful to have a tool to document a house or property to view later. Often, this would entail just taking photographs of anything relevant or particularly specific on a property. However, photos can only get you so far. Say perhaps you want to have a measurement on a wall […]
What Your Association Needs to Know to Conduct a Virtual Meeting (CO)
In today’s day and age, associations are looking for more convenient, flexible, and safe ways to conduct association business. The ongoing pandemic has only amplified the need for associations to explore their options to conduct business virtually. The good news is the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) under section 7-127-108 states, “Unless otherwise […]
Tackling Your Outdated Plumbing System (CO)
Are you dealing with leaks from an outdated plumbing system? Piping issues, whether defective or age-related, can be one of the worst problems a community can experience, especially given the potential damage to a building’s structure and personal property that can be caused by flooding, leaks, and mold. Facing the prospect of replacing and modernizing […]
Meeting Emerging Expectations by Digitizing Communications and Transactions (CO)
What do Millennials actually want? This question has been front and center in recent years for anyone who is interested in marketing services or products to the globe’s largest rising group with purchasing power. Millennials have been accused of being “flighty” and “killing off” everything from “the concept of the starter home” to “napkins,” according […]
Holding Virtual Annual Meetings (CO)
Many HOAs are hosting their required annual meetings towards the end of the year. In addition to the stress of making sure such meetings run smoothly, Boards and managers have to also navigate annual meetings during the COVID pandemic. Read the article………………………………….
10 Financial Best Practices for Homeowner Associations and Condominiums
I say that the best practices are born out of lessons learned from the worst practices. If you have been a board member or manager for a few years, you may have come across some worst practices. They can result from incompetence, or in the extreme, criminal activity (embezzlement). Read on to learn about the […]
Reserve Studies Made Easy
In trying to explain Reserve Study concepts for clients, Reserve Study companies and their lingo may have created some unintended consequences. Unfortunately, this just makes a board’s job more difficult. The board hires a Reserve Specialist to put together a budgetary action plan, the board reviews, then distributes the findings and votes on an action […]
Drones and 3D Property Reconstructions for Homeowners Associations (CO)
For HOA’s, it can be very useful to have a tool to document a house or property to view later. Often, this would entail just taking photographs of anything relevant or particularly specific on a property. However, photos can only get you so far. Say perhaps you want to have a measurement on a wall […]
Political Signs in Colorado HOAs and the Upcoming Election . . .
As of today, the General Election is 43 days away. While like most Americans I have very strong opinions and beliefs regarding the cultural and electoral issues facing our country, I also live in an HOA and am taking the signage rules and my neighbors into account when putting up signs that mirror my beliefs […]
Legislative Update: Colorado 2020 Regular Session
As the Colorado Legislature’s Regular Session closed for the year, two HOA related bills were passed into law, and another bill was put on hold. Below is a summary of the new changes these laws will introduce into the realm of HOAs and managing companies: Read the article…………………………………
Non-required But Essential Policies (CO)
What are policies and why do they exist? The purpose of policies is to set forth a process to be followed with respect to various issues. A policy, in most cases, is a safety net for associations to ensure everyone is being treated the same and the same processes are followed every time. If an […]
Extra Extra Get Your Updated CCIOA!! (CO)
The last several months have been all about COVID-19 and compliance with Public Health Order 20-28 (which, I might add, is now on its 10th amendment as of August 21st!). But don’t forget about the need to comply with the new changes to the Colorado Common Interest Ownership Act (“CCIOA”), which were put in place […]
2020 HOA Legislation (CO)
The State’s HOA Information Office and its HOA Officer were continued for 5 more years. The State office was due to end (or “sunset”), but was renewed by HB 20-1200 (“Bill”). The Bill also establishes a state law standard on limited religious displays on the door or door frame of a residence. Read the article………………………….
Free Speech or Covenant Violation? (CO)
Many times, Homeowners express their passions and interests in the form of signs and/or flags on their property. However, HOAs are sometimes asked to restrict signs and flags that are controversial or politically charged. Legally, some signs and flags cannot be prohibited under Colorado law, although HOAs are given discretion to restrict the number, size, […]
Covenant Enforcement in a Pandemic World (CO)
2020 has been a crazy year for associations. We have all been forced to deal with new realities – many of which still pose unanswered questions. How are we going to have meetings when the state says we can only have a limited amount of people? Are we going to be able to open the […]
Who Pays For What In A Condominium Water Leak Situation? (CO)
One of the most difficult questions posed to a condominium association board is: Who is responsible for damage caused by a water leak? For example: water comes through the roof, intrudes into and damages upper condo unit #1, passes through and damages the common element walls and floors along the way, then ends up in, […]
Don’t Blame Me! I Didn’t Vote!
Many clients are facing difficult decisions related to COVID-19. Should we open the pool? Should we waive late fees? Should we tell that owner she needs to repaint her house? Service as a director on a community association Board is never easy, but the pandemic has created stark and binary decisions that are not easy […]
Daycare, the New Normal in Associations (CO)
On July 8, 2020, Senate Bill 20-126 was adopted. SB 20-126 amends CCIOA at C.R.S. §38-33.3-106.5 to require licensed daycare centers to be allowed in all Colorado associations (with the exception of communities qualified as housing for older persons under the Housing for Older Persons Act of 1995), regardless of whether or not daycare centers […]
Being Neighborly Means Talking to Your Neighbors
This spring, in the middle of the COVID pandemic, I decided, finally, to stain my fence. This was early- or mid- April, when we were all still a little freaked out about the whole thing, when there was so much information flying around that no one was quite sure how safe it was to even […]
Board Member Protections When Insurance Coverage Does Not Exist (CO)
Some insurance companies have indicated that claims related to COVID-19 will be denied (depending on the nature of the claim and the specifics of the individual policy). In light of this risk, what protections exist for the individual board members in the event of a claim where insurance coverage does not apply? Read the article……………………………..
Are You Using a Virtual Meeting Policy? (CO)
As COVID-19 continues its course, state health orders still limit public gatherings and how many individuals can be together indoors. Additionally, there are still plenty of people who do not feel comfortable attending public gatherings or are in a high risk category and simply cannot take the chance to be out in public surrounded by […]
Pool Openings – What Else Should We Consider? (CO)
Now that the final health order is out addressing pool openings, it’s time for boards to make a difficult decision. Specifically, boards need to decide whether their community pools will open for the season or remain closed. Read the article………………………………
Colorado’s Consumer Protection Act Claims in Construction Defect Actions
Over the past twenty (20) years, plaintiff attorneys in Colorado have routinely asserted Colorado Consumer Protection Act (“CCPA”) claims in addition to the “standard” construction defect claims that are the foundation of CD lawsuits. This article sets forth the elements a plaintiff must establish under Colorado law to prevail on a CCPA claim and, in […]
So What’s the Deal With Pools Anyway? (CO)
As we continue up and down this rollercoaster ride called COVID-19, the biggest question on the table right now for community associations is what about pools? Can we open them, and if so, under what conditions? With the latest directives issued by Governor Polis on June 2nd, the Colorado Department of Public Health & Environment […]
Transparency Checklist (CO)
Promoting a culture of transparency in the governance of your association will lead to a more effective and efficient association, a more informed membership and a more accountable board of directors. Here are some items to consider in promoting transparency: Open the PDF……………………………………