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 […]
Enforcement of Restrictions on Streets Running Through the Community (CO)
Rarely a week goes by when attorneys do not field calls from board members or managers asking whether or not the association can enforce its rules on streets running through the community. Sometimes these questions have simple answers, and other times, research will need to be conducted to determine the answer. Read the article……………………
Are Your Architectural Request Forms Ready for the Spring Rush? (CO)
As we move through the winter months, many owners are already anticipating the exterior home improvements they want to make in the spring. For most covenant controlled communities, exterior modifications require prior association approval upon submittal of an architectural request form. But do your forms contain all the necessary provisions to adequately protect the association […]
‘Indemnity’ and ‘subrogation’ among legal terms to question
Every now and again, I have to remind myself — or be reminded by a client — that not everyone speaks “law.” What are familiar terms to lawyers aren’t necessarily so to those in other walks of life. I suppose this is common to most professions. Who, other than an orthopedist, throws around terms such […]
Limiting Director Liability – Because the Pay Just Isn’t Enough (CO)
I want to serve on my community’s board of directors for the lucrative salary . . . said no board member ever! Nevertheless, serving on the board of directors for your community can be a satisfying and rewarding experience. But sometimes boards hit rough patches and fall under the scrutiny of their owners, who can […]
Frozen Pipes and Finger Pointing (CO)
A wise person once said: “Never make snow angels in a dog park”. That is good advice. Another piece of good advice is to be prepared, this winter season, for frozen pipes and finger-pointing. When the temperatures plummet, condominiums and townhomes often experience frozen pipes and resulting water leaks. When that happens, everyone starts pointing […]
Condo & HOA Accounts Payables Process Best Practices
Whether you are an accounting geek, a systems person or just want a deeper understanding of accounts payable we are about to get into the nitty gritty of AP. In a full service management company I was a partner of and President I implemented a powerful AP system in 2004 that provides greater tools and […]
Myths of Document Amendments – Do You Have It Straight? (CO)
Although a large number of communities suffer from “our governing documents suck syndrome” many boards still refuse to move forward with amending or rewriting their communities’ governing documents. The refusal is most often based on fear, but fear of what? Fear of the process? Fear of the unknown? Fear of owners? It has been our […]
Attorney can’t be sued by non-client, Colo. court rules; Dispute arose over condo parking spaces (CO)
The Colorado Supreme Court determined that a non-client plaintiff was barred from suing an attorney because he lacked standing to assert his claim. The Sept. 24 decision reverses an earlier Colorado Court of Appeals ruling that found that the plaintiff had standing despite the strict privity rule, which bars complaints against attorney’s by non-clients except […]
Service Dogs and Other Animals (CO)
Federal and state laws protect the rights of disabled individuals who need service dogs in places of public accommodation. Unfortunately, some individuals took advantage of the service animal laws to allow their pet to accompany them. As of March 15, 2011, only dogs (and miniature horses in rare situations) qualify as service animals under the […]
Federal Court Ruling Vacates Hail Claim Appraisal Award, Highlights Appraiser Abuses (CO)
A recent decision by a Colorado federal appeals court could have significant impact on hail claims and appraisals across the country. Copper Oaks Master Home Owners Association v. American Family Mutual Insurance Co. involves a claim of hail damage that led to a dispute regarding damages. Read the article………………
Colorado’s Snow Removal Service Liability Limitation Act Restricts Enforceability of Indemnity Provisions
On May 30, 2018, Colorado Governor John Hickenlooper signed into law Senate Bill 18-062, referred to as the “Snow Removal Service Liability Limitation Act” (the Act), codified at C.R.S. § 13-21-129. The Act is based on model legislation drafted by the Accredited Snow Contractors Association (ASCA), which saw similar legislation pass in Illinois, with bills […]
Homeowner Associations: From Zero to Board Member in 60 Seconds (CO)
Congratulations! You have been “elected” to serve on your Homeowner Association (HOA) Board. So, what does that mean? What are your responsibilities? What should you do? The typical HOA Board is made up of four officers: President, Vice-President, Treasurer, and Secretary. The President typically prepares the meeting agenda, presides over meetings, appoints committees, execute contracts, […]
Community Manager Licensing – Sunset in Colorado
If you want to earn a living as a community association manager in these eight states – Alaska, Colorado, Connecticut, Florida, Georgia, Illinois, Nevada, and Virginia – you must have a state-issued license. In 1987, Florida created the first state licensure program for community association managers and other states followed sporadically over the past few […]
Can Insurance Appraisers Favor and Advocate For The Party That Selected Them? (CO)
This is a question the Colorado Supreme Court is set to resolve after recently granting Owners Insurance Company’s petition for writ of certiorari in Owners Insurance Company v. Dakota Station II Condominium Association, Inc., 2018 WL 948601 (Col. Feb. 20, 2018). The Colorado Court of Appeals answered this question “yes” in the opinion being appealed […]
Dog Profiling…….Could It Be a Thing of the Past? (CO)
On January 19, 2018, House Bill 18-1126 was introduced and assigned to the Local Government Committee. HB 18-1126 proposes to prohibit association regulations banning dogs due solely to breed, weight, or size classifications. If passed, associations would no longer be able to adopt blanket restrictions prohibiting specific dog breeds, i.e. pit bulls, dogs larger than […]
2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community
Last March, the Colorado General Assembly introduced House Bill 17-1279 concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action. The bill, passed in May, requires a home owners’ association to first notify all unit owners and the developer or builder of a […]
In re Villas at Highland Park Homeowners Assoc. v. Villas at Highland Park, LLC (CO)
In a construction-defect matter filed by a homeowners’ association (HOA) against several developers, an attorney for the HOA previously represented one of the developers. The developers moved to disqualify that attorney under Rules 1.9 and 1.10 of the Colorado Rules of Professional Conduct. The trial court denied the motion, without what the Colorado Supreme Court […]
Mountain Law: Colorado court of appeals clarifies aspects of amending restrictive covenants (CO)
Recent Colorado court decisions clarify aspects of amending the declaration of restrictive covenants in common interest communities (CICs). CICs, which include most condominiums and covenant-controlled subdivisions, are generally governed by a comprehensive statute known as the Colorado Common Interest Community Ownership Act (CCIOA) that went in effect in 1992. Vis-à-vis CICs created before 1992 (so-called […]
Does a Colorado HOA and/or the members of its board owe fiduciary duties to the general members?
Does a Colorado homeowners’ association and/or the members of its board of directors owe fiduciary duties to the general members? It’s a simple question with a somewhat complicated answer. To start with, a fiduciary is a person who is required to act for the benefit of another person on all matters within the scope of […]
The Nuisance – You Know It When You See It?
Many common interest community declarations contain provisions prohibiting “nuisances”, and homeowners and directors alike use these provisions as a “catch-all” category when it comes to annoying people and situations in their communities. But what exactly is a nuisance and how do you know if one exists? For example, it is not uncommon to receive complaints […]
Colorado Supreme Court Hears Oral Arguments in Case That Could Pose Threat to Metropolitan Districts
On September 20, 2017, the Colorado Supreme Court heard oral arguments in UMB Bank v. Landmark Towers Association, 2016SC455. The case was brought by the homeowner’s association of a condominium development regarding a TABOR election that took place several years ago. The purpose of the election was to form a metropolitan district that could issue […]
Procedure Matters (WA)
One piece of advice we often give our community association boards is that the procedure used by an association to take any given action is often more susceptible to challenge than the action itself. In other words, how you do things is often easier to attack – successfully – than the actual action taken by […]
Drafting and Enforcing Parking Restrictions
Despite the going green initiatives and increased use of public transit, ownership and use of automobiles remains a necessity for most. Our need for automobiles translates to parking problems in many communities with limited parking availability. To help alleviate their parking problems, many of these communities have adopted parking restrictions and regulations. Read the article……………….
Rental Caps: The Good, The Bad and the Ugly
A rental cap is a mechanism put in place to limit the number or percentage of units which may be rented at any one time in a community. While not every community needs, wants, or should have a rental cap in place, before you spend the time and money on getting one drafted and approved […]
Rehabilitating the HOA Image One Person, One Deed, and One Community at a Time
So last month I was at the doctor’s office, and as I was making small talk with the nurse she asked “So what do you do?” I responded “I’m an HOA attorney.” She actually grimaced. It was a clear knee-jerk reaction. And then she laughed, said sorry, and made some comment about her friend’s trash […]
Solar Panels: Let the Sunshine In But Only After Approval (CO)
Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels on homeowners’ properties, but associations are allowed to adopt reasonable rules governing such installation, which can be based on aesthetic considerations and to prohibit solar panels on common areas. Such rules must also not significantly increase the cost […]
Mountain Law: Cracking Colorado’s condo conundrum
In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but then shortly thereafter obtained a favorable court decision that accomplished one of their goals anyway. […]
It’s a Bird, It’s a Plane….Actually, It’s a Drone
Drones are everywhere. The government uses drones, Amazon.com uses drones, weather forecasters use drones, and, low and behold, homeowners use drones. The question then becomes what, if anything, can an association do to regulate drones. Read the article…………….
Colorado Supreme Court gives a boost to builders in construction defects battles
The Colorado Supreme Court gave builders a reason to cheer Monday, ruling that a homeowners association in Centennial was wrong to ignore a requirement that it first get consent from the developer before changing the way disputes over construction defects claims are handled. The 5-2 ruling in Vallagio at Inverness Residential Condo Association v. Metro. […]
Construction Defect Reform in CO; HB 1279: Pluses, Pitfalls & Practical Pointers
Construction defect litigation reform will take a small step forward this week when Gov. John Hickenlooper signs HB 1279 on May 23, 2017. HB 1279 will go into effect immediately after signature by the Governor, and developers and residential builders will need to be aware of certain aspects of the law. HB 1279 has been […]
Wait…We Need Lender Approval On Our Amendments?
So you’ve gone through months, if not years, of hard work with board members, committee members, and the owners to finally amend the declaration for your community, and owners have finally approved those amendments. Celebration time, right? Well maybe, or maybe not so fast. Unfortunately, many communities (particularly condominiums) have declarations that require a percentage […]
When a Property Owner Association Approves Plans Then Rescinds Its Approval, Can It Be Held Financially Responsible? (CO)
The Supreme Court of Colorado answered that question in Mac McShane and Cynthia Calvin v. Stirling Ranch Property Owners Association, Inc. (2017 CO 38). Mac McShane and his wife, Cynthia Calvin (“Owners”) bought property, hoping to build a multi-story home overlooking the Roaring Fork Valley. The Stirling Ranch Property Owners Association (“POA”) approved the Owners’ […]
Compromise Bill on Construction Defects is Ready for Governor Signature (CO)
On May 4, 2017, House Bill 17-1279 gained final unanimous approval in the Senate after unanimous approval in the House on April 24, 2017. H.B. 17-1279 has been referred to Governor John Hickenlooper to be signed into law. H.B. 17-1279 requires that before an association, on behalf of its members, files suit against a developer […]
Avoid the Summertime Blues, Swimming Pool Do’s and Don’ts
Summertime is right around the corner and associations everywhere are getting ready to open their pools for the season. However, along with the sun, fun, and endless splashes, pools come with potential risks and liabilities for an association. Outlined below are some things to think about and implement to avoid the pool summertime blues. […]
The Board Member’s Toolbox for Building Community
As a Board member, it can sometimes be easy to focus on the operational functions of managing an Association rather than the larger picture: creating a Community that Homeowners and residents love to live in. Vendors of all sorts must be hired and paid in a timely manner, mailings have to be prepared and sent, […]
Creating the right culture for your HOA
Power over our own destinies is inherently circumscribed by the matryoshka dolls of governance that preside over our existence. From the complexities of international diplomacy to our national sociopolitical boondoggle to the more specific doctrines emanating from state houses and county buildings, we are subject to enormous levels of outside influence. Here in our fair […]
Construction Defects and Insurance: Proactive Steps to Protect Your Community
All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation do affect existing communities by creating owner notice and vote requirements that, in some cases, […]
Ham Radio Antennas – Congress Still Can’t Decide What To Do
During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which sought to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed, H.R. 1301 was detrimental to an association’s control over aesthetics, placement, and prior approval with respect to Ham Radio antennas. The Federal Legislative Action […]
Could Your Personal Emails Be Exposed?
Imagine the worst case scenario: you are on the board, the board is embroiled in litigation, and the opposing side wants to know what was said in an email. Suddenly you may find yourself facing the possibility of a third party rooting through your private email in search of information relative to the pending lawsuit. […]
AirBnB’s in Denver? Not So Fast!!! (CO)
Airbnb’s continue to increase all over the country and, oftentimes, wreak havoc in community associations. Denver has a new ordinance 0262 that became effective December 31, 2016, throwing a slight monkey wrench into the process. Pursuant to the new ordinance, homeowners must now obtain a license from the Denver Excise and Licenses Department before they […]
So You’re on the Board….Now What?
You took the plunge! You volunteered, put your name on the ballot, and were elected. After the anticipation, the vote, and the satisfaction of being elected subside, you may realize that you are not exactly sure what to do as a board member. Outlined below are a few helpful hints and tips which will make […]
The Importance of Monitoring Foreclosure Sales
As many of you know, the association is entitled to collect a super lien payment from a foreclosing lender when a property enters into public trustee foreclosure. The super lien amount consists of up to six months of regular assessment charges that came due prior to the filing of the foreclosure. This is a monetary […]
New Harassment Rules Added to Fair Housing Act
HUD recently issued its final rules regarding quid pro quo (“this for that”) harassment and hostile environment harassment under the Fair Housing Act. The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status. Although community associations do not typically consider themselves to be “housing providers,” the […]
Homeowner Rights & Responsibilities
As a homeowner in your Association, you have certain rights—and responsibilities. You have the right to… ?A responsive and competent Community Association. As a member of a Homeowners Association or Condo Association, you are entitled to have your issues addressed and correspondence answered. Honest, fair, and respectful treatment by Community leaders and Managers. Community Associations […]
New DORA Position on Supervising an Apprentice
The Director of DORA’s Division of Real Estate adopted a position to clarify the supervision requirements of a licensed manager over an apprentice. Read the article……….
New FHA Harassment Rule & Policy Recommendation
On October 14, 2016, the US Department of Housing and Urban Development’s (HUD) new rule on quid pro quo and hostile environment housing practices under the Fair Housing Act (FHA) goes into effect. This new rule creates liability for housing providers, including homeowner associations, for failing to take reasonable actions to address these types of […]
Short Term Rentals
Short-Term Rentals (“STRs”), which can encompass everything from nightly rentals to thirty day rentals to six month rentals, have become a hot button issue in common interest communities since the inception of websites such as airbnb, VRBO and HomeAway. The market for STRs in Colorado increased exponentially with the legalization of recreational marijuana. The dramatic […]
New Fair Housing Act Regulations Become Effective October 14, 2016
Last week, the U.S. Department of Housing and Urban Development (HUD) released final regulations related to quid pro quo and hostile environment housing claims under the Fair Housing Act. Some of the new regulations which go into effect on October 14, 2016 may impact your association. Below is a summary of those key provisions but […]
Ham Radio Antennas – Associations Have to Allow Them, But Have Some Control
During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which seeks to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed HR 1301 was detrimental to an association’s control over aesthetics, placement and prior approval with respect to Ham Radio antennas. In response to the […]