Damages resulting from hail storms and water leaks are two of the most common insurance claims for townhouse and condominium associations. Read the article…………………………
Unexpected Expenses? – A community loan may be the solution (CO)
Whether it be an unexpected repair or an insurance deductible, homeowners associations are more commonly turning to lenders for community association loans. This is especially true for condominium associations who may be facing large insurance deductibles related to hail damage. Read the article…………………………….
State of Colorado Public Health Order 20-24: Stay At Home Requirements
As you likely know, Governor Polis issued a state-wide lockdown last night, which took effect at 6:00 am today. I started receiving phone calls late last night from managers and board members wondering what this meant for their associations, their boards, and their ongoing activities and projects. Read the article…………………………
Sample Resolution re Moratorium on Late Fees – Interest (CO)
Sample policy for Colorado Read or download the PDF………………………………..
Are Remote Services for Condos and HOAs the New Normal After the Corona Virus?
With the outbreak of Corona Virus we are seeing many businesses move to remote working as a way to self-isolate and reduce the spread of the virus. Are remote services for Condos and HOAs the new normal after the Corona Virus? Read the article……………………….
Caution in the Face of Coronavirus: Running a Colorado HOA Without Gatherings
Whether you’re urging people to just start washing their hands or your closet is filled with toilet paper, one thing is certain: coronavirus continues to spread. According to health professionals, one thing we can do to slow the spread is avoid group gatherings. Unfortunately, that’s not always easy to do when you are trying to […]
Solar Panels and Satellite Dishes: Can an Association Regulate Them? (CO)
Short answer: Yes, an association can regulate solar panels and satellite dishes. However, an association cannot ban them in certain areas as solar panels are protected by Colorado law and satellite dishes are protected by federal law. And, the scope of the association’s regulation authority depends on whether the home is a single family home […]
Say Good-Bye to Emotional Support Emus (CO)
In January 2020, United States Department of Housing and Urban Development released updated guidelines pertaining to Emotional Support Animals (“ESA”) under the Fair Housing Act (“FHA”). These new guidelines materially altered the previous guidelines relating to emotional support animals by changing the documentation requirement for emotional support animals and by changing the type of animal […]
How to Handle a Water Leak (CO)
The last phone call an Association or its manager wants to receive is a call where the owner says “I have a water leak.” However, these calls happen and the Association must be prepared to efficiently and effectively deal with the situation. While leaks occur in all types of communities, single family, townhome, and condominium, […]
Committee Charters: Are You Using Them? (CO)
Creation of committees is one of the tools boards can use to help manage their duties and involve the community members in the management of the association. Committees, if properly created and managed, can be extremely valuable to boards and the overall wellbeing of an association. Committees allow boards to delegate authority and obtain assistance […]
Navigating New HUD Assistance Animals Guidelines
On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect to [assistance] animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf Read […]
New Year’s Resolution: Lower Legal Expenses (CO)
As we say good-bye to 2019 and welcome 2020, many of us have created a list of New Year’s resolutions. Perhaps your community has made a resolution to lower expenses? Perhaps your community took it one step further and resolved to lower legal expenses? But how is an association to do that? Below is a […]
Money & the Law: Exploring the concept of condominiums
Real estate law, which some lawyers view as stodgy and boring, is nonetheless capable of innovation. Take, for example, the condominium. Just as modern-day lawyers would have difficulty understanding fiefdoms and hereditaments, lawyers a few centuries back would find the concept of a condominium baffling. (Some of us still do.) Read the article……………………….
The HOA Insurance Coverage Two-step (CO)
When damage occurs in condominiums or townhomes, one of the main questions is whose insurance is left holding the bag. Does the homeowner’s insurance pay? Or does the Homeowners Association’s? An Association’s responsibilities are laid out in their Covenants, Conditions, and Restrictions (“CC&Rs” or “Declaration”). However, when it comes to allocating insurance responsibilities between homeowners […]
Holding a Meeting? – A Proper Check In is Critical for Success (CO)
It is that time of year when many associations are holding budget meetings and annual homeowner meetings. It is important that the integrity of the voting at those meetings be maintained, especially if there will be a vote on a special assessment or some other matter that may be contentious or controversial. If there is […]
Top Seven Recommended Policies – Do You Have Them All? (CO)
Most everybody knows by now that Colorado associations are required to adopt nine good governance policies pursuant to CCIOA (Colorado Common Interest Ownership Act). However, do you know that in addition to the required policies there is a slew of not-required, but highly recommended policies for associations? Read the article………………………
Get Out the VO……….. (CO)
T’is the season for public elections and for community association annual meetings. You probably assumed the last word in the title above to be “VOte.” And yes, that’s one of the things we urge readers to do. Everybody has positions, opinions, differences of opinion and even disagreements over both public policy and HOA governance. We […]
Recurring Insurance Claim Handling Issues
Insurance is an essential part of any community association’s risk management program. But purchasing a good policy is only the first step in the process. Proper claims handling must occur for the association to receive the benefits of insurance. Colorado’s Front Range experiences some of the highest hail storm frequency and severity in the country. […]
DORA Releases its Sunset Review for the HOA Information and Resource Office (CO)
The Department of Regulatory Agencies (DORA) released its Sunset Review for the HOA Information and Resource Office on October 15, 2019 (Report). This article summarizes that Report and makes some observations. Please review the Report and draw your own conclusions. This article contains the opinions of the author, and not the opinions or positions of […]
Regulating Short-term Rentals in Your Colorado Community
Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days. Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. While that may seem like an appealing way to make money for […]
Snow is a Four-Letter Word (CO)
Looks like snow is coming this Thursday. Yet I am still running around in shorts and sandals, and I definitely have not checked my tires yet!! With winter conditions right around the corner, it’s time for associations to review their snow removal contracts. So what should be included in these contracts? Below is a checklist […]
Homeowner Suits Against Community Associations
The relationship between a homeowner and their community association has been increasingly defined in litigation in recent years, due to the rapid growth of common interest communities and the issues being presented to the courts. The community association is usually an incorporated entity operating under corporate nonprofit status. The community association was created by the […]
Live Long and Prosper in a Health-Conscious Colorado Condo
Around the nation, builders and developers are beginning to experiment on projects that include wellness features – better air filtration, circadian rhythm lighting, furnishings and building materials that don’t off-gas dangerous chemicals, among other things. Read the article……………………….
I Have to Ask: Being Special in a Special District
Laura Savage is a local government employee, but not in the traditional sense. She’s the Assistant to the District Manager. Hmm… that sounds like something legitimate, but if you’re like me it doesn’t quite stick the landing. That’s because she works, lives, plays, and raises her family in a special district, which is not exactly […]
Restrict Cashing Checks With Restrictive Endorsements (CO)
What do you do when you receive a check from a delinquent owner with a restrictive endorsement on it? Do you cash it? Do you return it? Do you call the attorney? A restrictive endorsement is a written statement sent with a payment that either defines what the check is written for (such as “Assessments […]
When a Property is in Foreclosure, What is the Association’s Right to Redeem and What is that Process? (CO)
When a Board becomes aware of a Public Trustee foreclosure proceeding, their first question is usually “What does this mean for us?” If the homeowner is delinquent in their assessments, then the Association has a lien against the property. Assuming it is the first mortgage foreclosing against that homeowner (as opposed to a second mortgage), […]
Colorado Foreclosure Processes
Judical Foreclosure Public Trustee Foreclosure
Management of Negligence and Premises Liability Claims (CO)
Our clients frequently ask about the community’s potential legal liability for conditions and activities in the common areas or for claims asserting negligence. This article summarizes those legal standards and some of the considerations and criteria which may affect a community’s responsibility. The legal standards based on premises liability and general negligence concepts are well-settled […]
Colorado Isn’t The Desert. A Sustainable Lawn Doesn’t Have To Be Rocks, Cacti And Ugly
We get it, Colorado. You hate xeriscape. You’re probably visualizing it right now. A landscape with neutral colors, rocks and maybe a cactus or two. It appears lifeless and well, just sort of ugly. You still want to reap the benefits of a low-maintenance yard that gets by with little watering. One that may benefit […]
Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them
On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc., Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an appraisal clause in an insurance policy, the appraisers must be unbiased, disinterested, and unswayed by personal interests […]
Documenting Accidents – It’s All In The Details
A manager’s responsibility includes risk management. There are many components to risk management, most of which are on the anticipatory or preventative side. But there are post-incident techniques and practices that should be followed. This article addresses post-incident practices involving a slip and fall or trip and fall accident. The basic goal is to gather […]
Meeting Minutes – Are You Getting It All, But Not Too Much?
Taking meeting minutes is an art. It is the art of creating a formal record of a meeting and official actions and decisions that were taken and made during the meeting, without getting down in the weeds and writing a novel. The term “minutes” implies brevity, but at the same time minutes are not “seconds” […]
HOA vs. Old Glory (CO)
As we approach the Fourth of July, you and many of your neighbors are probably planning to fly the American flag. However, if you live in a community governed by a homeowners association, this benign act of patriotism may be against the rules. In fact, a quick Google search reveals pages full of news articles […]
EDITORIAL: Private Roads, Part Two (CO)
Although the court case filing requested by the Archuleta Board of County Commissioners on June 18 concerned a controversial road — Bristlecone Drive — in the Colorado Timber Ridge Ranch subdivision, the lion’s share of the discussion at Tuesday’s meeting focused on another controversial (and apparently closed?) road: US Forest Service Road 649 D. […]
Do You Know Your Association as Well as You Should?
Although Colorado has thousands of common interest communities and most of the directors and community managers working with these communities feel they have an adequate grasp on the specifics surrounding their particular community, it can be an eye-opening experience to test your knowledge and see how much you really know (or don’t know) about your […]
Association Funds – Look Before You Spend
Part of the duties of a community association’s board of directors includes fiscal responsibility. Among other things, the board of directors is tasked with prioritizing and making decisions regarding the best use of the association’s limited financial resources. Expenses such as common area maintenance, insurance, water, and professional services including management, accounting, and legal are […]
Cyber and Data Security in Colorado Common Interest Communities (CO)
As banks, credit card companies, and financial service providers grapple with identify theft, so too must HOAs. Over the last several years, there has been a substantial increase in cyber-related crimes, resulting in increased identity theft and financial fraud. As a result, federal and state governments have been working to enact laws to reduce crime […]
Condominiums Must Abide by Denver’s New Benchmarking Ordinance (CO)
In an effort to preserve integrity, quality of life, and strengthen the local economy the Denver Department of Public Health and Environment established an Energy Efficiency Program. An integral part of this Energy Efficiency Program is the county’s new Benchmarking Ordinance. The ordinance is sited in the Denver Revised Municipal Code, Chapter 4, Article V. […]
Landscape Contracts (CO)
As spring is officially here, many associations are obtaining proposals from contractors for seasonal lawn care and other maintenance services. This article is intended to highlight certain contract terms and issues that boards should consider before signing a landscaping service contract. For more information on general contract terms we recommend for effective vendor contracts……. […]
Who Decides What – Board or Owners? (CO)
As the saying goes, “you cannot please 100% of the people 100% of the time”. This cannot be truer when it comes to common interest community living. In a perfect world, homeowners would elect the board and allow it to govern in accordance with the law and the community’s governing documents. Read the article…………………….
HOA Board Enforcement Policy Gone Wild? (CO)
How much can your HOA Board do without owner approval? When the HOA Board takes steps that can cost the owners money, like adopting an enforcement policy, owners get concerned. Enforcement policy usually involves fines and fees for non-compliance with the HOA covenants. Don’t all the owners get a say on that important of a […]
Transition to Homeowner Control: Avoiding Problems and Finding Solutions
PDF article detailing transition procedures and issues for Colorado Read the PDF………………………….
Attempts to Unilaterally Modify Contracts by Service Providers
Recently our firm has seen an increase in various service providers attempting to introduce new fees in the performance of their contracts with community associations. These fees are typically introduced on an invoice, and accompanied with a short explanation that they are associated with some cost incurred by the service provider. When assessed on a […]
The Million Dollar Flower Pot Fiasco
No matter how innocent or small the violation, never underestimate the possibility of it blowing up and costing both the association and owner far more money than it ever should have. Case in point: Avignon Villa Homes and Mr. Jim Hildebrand. This dispute involves a Kansas community where an owner decided to fight for his […]
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 […]
Homeowner Associations: Covenant Enforcement
Can my neighbor leave their trash cans outside? Can I build a shed for tools? Can my neighbor install that huge, ugly new fence? Nothing is more uncertain than whether a specific action by a homeowner violates a common interest community covenant running with the land. Homeowner association covenant enforcement is a tricky business. Many […]
Tips for Community Association Insurance (CO)
Do you know whether your association has adequate insurance? Do you even know how to figure this out? Every community association needs to protect itself from various losses, claims, and liability exposure through a comprehensive insurance program. This article provides some tips to ensure you have adequate insurance: Read the article……………………
How To De-escalate a Confrontational Exchange
Why do so many interactions these days become heated? Are people just meaner than they used to be? Have we lost our ability to be tolerant of one another? And, if so, what can we do about it? In today’s society, it seems we are not only entitled to our opinion, but everyone else is […]
Managers as Trial Witnesses
Community managers frequently ask about their role in a trial. They also want to know how to best prepare and present themselves in the unfamiliar setting of a court room. The purpose of this article is to provide some guidance on these topics. If I were to distill the answer to these questions down to […]
New Disclosure Requirements Managers Need to Know (CO)
As a community association manager you may start to see selling owners requesting additional documents as part of their upcoming closing on their unit. This is because the Colorado Real Estate Commission approved a new Contract to Buy and Sell Real Estate (Residential) effective January 1, 2019 (“Buy Sell Contract”). The new Buy Sell Contract […]