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 […]
LIGHTS … CAMERA … LEGAL ACTION! Do Associations Increase Their Liability by Providing Security Measures?
Many owners in common interest communities might assume that when their association takes steps to increase security – such as installing street lights, security gates, surveillance cameras, etc. – they are providing additional protection to the owners who live in the community. However, the opposite may be true. If a community’s governing documents do not […]
Rain barrels in Colorado – what you need to know
Are you ready for rain barrels? Next Wednesday, August 10 is the first day that most Colorado residents can legally collect rainwater off their roofs into rain barrels. Mother Nature doesn’t seem to have taken much note of it – the weather forecast for much of the state calls for hot and sunny weather without a […]
Political Signs in HOAs: What Residents, Boards and Managers Need to Know (CO)
For those of you who know me, you know that I’m a political junkie. But even for me, this political season has seemed like it has already lasted for an eternity and I don’t remember politics ever being quite this nasty. With the Republican and Democratic political conventions almost behind us, I can guarantee that […]
POKÉMON…STOP!!!???
In less than a week, according to Tech Crunch, Pokémon Go has surpassed the number of people using Twitter and exceeds the number of daily interactions with Facebook. This number does not even include the number of users in Europe and Japan where the game has not yet been released. Police have asked Pokémon GO […]
Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue
On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed an implied warranty of “suitability” for new home construction in certain instances. The Colorado appellate court held […]
Construction Defect Debate to be Heard by Colorado Supreme Court
The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals’ decision in May 2015, and the subsequent petition for certiorari review to the Colorado Supreme Court. Developers, contractors, homeowner associations and others on both sides of the […]
Ham Radio Antennae—Do Associations Have to Allow Them?
During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill that seeks to prohibit associations from banning Ham Radio antennae in their communities. This bill has been vehemently opposed by CAI for various reasons, and recently the parties reached a compromise with respect to the language contained in the bill. […]
Rigging an Election? This is Serious
What is it about community associations that sometimes bring out the worst in people? Is it that we’re dealing with people’s homes? Do we not like somebody else telling us what we can and can’t do? Is there a sense of power from being on the board of directors? The ability to control other people? […]
Social Engineering Coverage—Nothing to Do with Stem Cell Research
When I see the words “social” and “engineering” in one sentence, my brain immediately goes to the scientific and medical side. But in this case, we’re talking about something completely different. The term, in this case, refers to the Social Engineering Fraud Endorsement that may be added to a fidelity/crime policy held by an association […]
The Business Judgment Rule
Board members often ask us, “What is the standard of conduct for the board of a common interest community?” The standard of conduct is known as the Business Judgment Rule. According to this rule of law, actions taken by directors of a nonprofit corporation in good faith, that are within the powers of the corporation, […]
HOA Transfer Fees: Access to Information Available Now (CO)
HOA transfer fees are getting some attention in the news again this week. In particular, news coverage has focused on demands that HOA property management companies provide invoices for the transfer fees charged to buyers or sellers of properties within HOAs. There is good news for buyers and sellers in HOAs: access to transfer fee […]
Hoarding & Marijuana…. What’s an Association To Do?
In addition to risks experienced by first responders responding to emergency calls, health problems include falls or accidents in the unit, clutter, garbage, animal or human feces, and the resulting mold or infestation can also cause respiratory and other health problems (Massachusetts Department of Health and Human Services ). In communities with common walls, hoarding […]
Duties of the Managing Agents and Liability for Failure to Carry Out Those Duties
A managing agent’s duties to the association can arise out of the common law relationship of an agent to a principal, or by virtue of the contractual relationship between the managing agent and the association, or both. In the same manner that the board has a fiduciary duty to the association and its members, the […]
Bankruptcy of Owners and Effective Association Assessment Collections
Collection issues are particularly challenging to owner associations when an owner files for bankruptcy. Owners can file 3 different ways for bankruptcy under federal law Read the article……………
Assessment Collections Through County Court Lawsuits
The Association and the Board of Directors have duties to collect assessments due the owner association. Most owner associations use many or all of the following collection tools: Read the article…………..
Court Approved Declaration Amendments
A part of CCIOA, applicable to all common interest communities (as common interest communities defined in CCIOA) created allows Colorado District Courts a special, restricted ability to amend Declarations by court order. The statute is 38-33.3-217(7). The statute allowing this unique procedure, SB99-221, became law May 19, 1999. Read the article……….
Are Your Governing Documents Putting Your Community At Risk?
Many common interest communities have not kept their documents current with changes in the law, changes in their community or changes in governance and operations of their association. Additionally, many communities have not formalized amendments owners have approved to their governing documents. Do out-of-date documents, or amendments approved but not reflected in written documents create […]
Marijuana and HOAs – What Can HOAs Do?
Odors from marijuana have now come to the forefront. Not just from smoking, but from cultivation. For many attached home communities, the issue is no longer theoretical, it’s practical – smoke from marijuana use and odor from marijuana cultivation is objectionable to most, except those using marijuana. Read the article……………
Consensus Building for Community Associations
Community Associations, their board members and managers are responsible for carrying out business that protects literally hundreds of thousands to millions of dollars worth of real estate. Daily problems arise that range in magnitude and importance, but all require sound business judgment to resolve. Many times what is also desired or required is the cooperation […]
6 Ways to Be a Good Neighbor This Winter
Winter weather got you down? Take these six steps to a happier, safer winter season. Read the article…………
Associations and Loans: Review Your Documents Before Plunging In (CO)
Now that the economy is at an upturn and associations are feeling more financially stable, many associations are investing in capital improvements for their communities. Whether it’s installing a new swimming pool in the community, installing all new roofs, or upgrading the playground equipment, these types of projects are expensive and, oftentimes, require associations to […]
The Importance of Process
We often get questions about how important it is that a particular notice goes out as required by the Bylaws or the Declaration or a particular policy. Typically, a manager or a board member will call and explain that they’ve been sending out notices a certain way for a number of years (nobody can really […]
Planning in Community Associations
We probably all set goals for our community associations, but are they only in response to a short-term agenda for that year? Will they lead to the overall success of the association in years to come? Every board needs to look at the “big picture” when it comes to the health of its community associations, […]
Attention All Pitiful and Prolific Poopers!
I read this article in the Denver Post about a pet owner not picking up the poop of his Teacup Chihuahua in his HOA. This association has a rule requiring all owners to pick up after their pets and is utilizing doggie DNA to figure out which dog in the community left behind the droppings. […]
Rules are Rules
Funny story. A condominium association I represent is located in such a way that I could see their amenities – a small swimming pool and tennis courts – from my office window. One summer, the association was involved in some pretty contentious litigation over a serious, ongoing covenant violation. We were conducting depositions in my […]
Declaration Amendment Petitions – Shall Means Shall! (CO)
Today, the Colorado Court of Appeals issued an opinion addressing the statutory declaration amendment process set forth in C.R.S. 38-33.3-217(7). This process allows community associations that have sought to amend their declaration, and received fewer approvals than required to amend the declaration outright, to obtain a court order that approves the amendment notwithstanding the vote […]
Fair Housing News – Again
We’ve written many times before that community associations are bound by the provisions of the Fair Housing Act. There is a lot of information available about the Fair Housing Act, who it applies to, what it takes to comply, and what the consequences are for failure to comply. Notwithstanding all of the available information, some […]
CCIOA v Collection Policy
By now, we all know that prior to an association turning a delinquent account over for collections, certain procedures under CCIOA must be followed. One of those procedures is sending of a notice of delinquency to a delinquent owner that includes the following information: Read the article…………….
The Roles of the HOA and Legal Counsel
WesternLaw Group’s newest article, “The Roles of the HOA and Legal Counsel“, was published in Common Interests (CAI Rocky Mountain Chapter, July 2015). Written by Brian Denlinger. Available here.
Condo Association Sued for Sexual Harassment National Origin Discrimination and Retaliation
Vail Run Community Resort Association, Inc., a condominium complex in Vail, Colo., and its management company, Global Hospitality Resorts, Inc., violated federal law by allowing a housekeeping manager to sexually harass Mexican female employees, including attempted rape, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. Read the article………..
HOA Board Meeting Basics: Exceptions to Open Meetings Limited
In my first installment of this blog series entitled HOA Board Meeting Basics, I discussed whether the Colorado Common Interest Ownership Act (“CCIOA”) or the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) require that members of an HOA be provided with notices of board meetings and agendas. In this installment of the series, I will […]
HOA Board Meeting Basics: Notice to Members and Agendas
Just last week, I had the privilege of teaching a class for the Aspen Pitkin County Housing Authority on HOA meetings. Since my friends in Aspen and Pitkin County had numerous and excellent questions relating to meetings, I thought it would be helpful to post a series of blog entries on HOA board and membership […]
Committee Do’s and Don’t’s
Committees can be the lifeblood of an association. They can be the best thing since sliced cheese or your worst night mare. I was contemplating why some committees are a blessing while others are a curse and came to the decision it’s really all about the board that set up the committee. If you want […]
America’s Birthday and Flags
On the cusp of America’s birthday, I get to thinking about our national flag – what it represents, and the emotions it evokes in people throughout the world. We all have our own ideas about these things, and how important it is to demonstrate our allegiance. Some people, while as patriotic as anybody else, prefer […]
Food for Thought: Unlicensed Practice of Law Opinion
While community association managers in Colorado have been working through the state mandated licensure process, the ‘hot button’ topic of discussion in Florida has been the Florida Supreme Court’s May 14, 2015 Advisory Opinion regarding the unlicensed practice of law by non-lawyer community association managers. Read the article…………..
Are You Carrying Enough Loss Assessment Coverage?
I was recently told a story about a condominium association that is carrying property insurance coverage on their condominium units which includes a $50,000 per unit deductible on water related losses! Evidently, this association has also adopted a policy which passes along the responsibility for the deductible to the owners of the units which were […]
You Can’t Enforce That!!! Oh yes we can.
It is not unusual for us to encounter communities with strict restrictive covenants that have not been enforced in a strict manner. Much of the time, this is due to apathy or ignorance. In other circumstances, Board turnover results in more enforcement. Read the article………….
Updated Community Association Manager Licensure Application is Complete (CO)
The Colorado Division of Real Estate has hit the ball out of the park! Within an hour after informing them that Section 5 of the Community Association Manager License Application needed to be updated to include a category for managers who are directly employed by a common interest community, the application is finished […]
Finnegan’s Fundamentals of Responsible Canine Companionship
My name is Finnegan and I live in an HOA. Since I understand people complain a lot in HOAs about dogs, I thought it might be helpful for pet parents to hear directly from a beagle about the fundamentals of being a responsible canine companion. Here’s what you need to know: Read the […]
The Ever-Increasing Deductible Dilemma, Part Two
The long-awaited sequel to Part One, this blog addresses the other deductible dilemma associations are facing. The dreaded wind and hail deductible. Under this scenario, imagine a large hail storm whips through the Denver area, causing significant damage to the roofs in your community. As a result, all of the roofs in the community must […]
Precedent Set in Colorado Construction Defect Law
On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued its published decision in the Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., […]
Marolt: My annotated history as HOA president
Two neighbors in one week brought it up. That’s a sign that it is something that needs to be talked about. To show how strongly I believe this, I am going to talk about what they talked about even though the subject is me. Read the article………
The Bare Facts about Covenant Enforcement
It’s that time of year again, when the weather is changing and people are spending more time….naked in their doorways? No, this is not an early April Fool’s joke. According the neighbors of the Cardinal Glen’s HOA in North Carolina, this is a problem they’ve had to deal with without any help from the police. […]
The Ever-increasing Deductible Dilemma: Part One
It is becoming more and more common place. A condominium association has a few claims on its insurance policy over the years and premiums start to rise. In order to purchase affordable casualty insurance to cover the common elements and the portions of the units the association is obligated to insure per the governing documents […]
No News is Good News
You’ve probably heard the news by now–an HOA refused to allow Make-A-Wish to grant a young cancer patient’s wish by constructing a playhouse in the girl’s back yard. The reason? Outbuildings are against the covenants. Of course, the HOA ends up taking the heat with press coverage and outspoken support for the sympathetic young girl. […]
Equal Protection Under SB 15-177 (CO)
Equal. Protection. Read again: Equal. Protection. Those are important words in America. Those two words succinctly state the core purposes of a democratic government. Each citizen should stand on an equal footing with all other citizens. The basic function of government is to ensure equality under the law. Government must protect a citizen’s rights in […]
Insurance Carrier Required to Replace Undamaged Siding to Provide Color Match
Have you ever tried to get an insurance company to pay for siding replacement of hail-damaged siding? Better yet, have you ever been “lucky” enough to try and convince an insurance carrier to pay for replacement of all siding on a building (even the siding not damaged by hail) so all the siding can match […]