In 2010, the problem of dog excrement was one of America’s biggest gripes, according to a survey by Consumer Reports. But despite posted signs, HOA regulations and looks of disapproval from passersby, some dog owners just don’t clean up after their pets. Read More……
HOAs: What You Need To Know About Rules
Lobbying for change in your homeowners association’s rules requires procedure, compromise, and perhaps joining the board. Read More……
Smoking in Your Community – Is it a Nuisance?
We frequently get questions about what an association can do to restrict or regulate smoking in the community. These questions have increased now that Colorado law permits growing and smoking marijuana. Typically, but not always, the issue is exacerbated in condominium or townhome communities. Read More……
The Big Bad HOA: Not Actually So Big and Definitely Not So “Bad”
We see many news articles about a big, bad homeowners’ association interfering with Harry Homeowner’s “right” to live peacefully in his neighborhood. Whether it is demanding the removal of a flag pole that is too tall or forcing an owner to paint a faded mailbox, the stories we read often leave us asking the question: […]
Pssst…My Neighbor is Violating the Covenants!
All Colorado community associations are required by the Colorado Common Interest Ownership Act (“CCIOA”) to adopt responsible governance policies governing issues like collections, meeting procedure, and records inspection. CCIOA does not provide a lot of guidance for the terms of these policies, but the policy regarding enforcement of covenants and rules and the imposition of […]
When “No” Means “Maybe”: A Former Board President on Flexibility with Rules
I served for 25 years as the president of my co-op board (and hope to serve on the board again, perhaps). We are a 20-story, 339-unit cooperative building located in the Riverdale section of The Bronx, with a diverse cross-section of people. In my quarter-decade of service I learned many things, but one of the […]
Slow Down! In the name of the (HOA) Law!
I have an 11 year old daughter that I will not let play, or even ride her bike, on our street. Why? Because I consistently witness maniacs zooming by my house, in their cars, at 100 miles per hour (or so it seems). Have I complained to my HOA? Of course I have! But how […]
Can Enforcing the CC&Rs Equally and Consistently Ever be Illegal?
Has your board ever faced a demand for a “reasonable accommodation” by a disabled resident? Have you ever heard of a “reasonable accommodation”? What about a request for a modification to a unit or common area to accommodate a disability? As explained by the following excerpt from our Utah HOA Law app, if certain requirements […]
Be Nice to Grumps!
Every Board member knows there are some people who are simply grumps. They enjoy creating a negative environment. While Board members are only human, it’s important to remember to treat grumps the same as any other member of the association. If a Board treats a grump differently, that Board could end up with a case […]
VA: Community Associations and the Power to Adopt Rules and Regulations: Is it more limited than we think?
Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as applicable, in light of an unpublished Virginia Supreme Court order in Shadowood Condominium Association et […]
Does Your Association Have the Written Policies it Needs?
By now, most community associations have met the minimum requirements when it comes to adopting the responsible governance policies required under the Colorado Common Interest Ownership Act (CCIOA). You have duly adopted all 9 of the required policies, including a collection policy, an enforcement policy and a conflict of interest policy to name a few. […]
Ticky Tacky Little Governments: A More Faithful Approach to Community Associations Under State Action Doctrine
Community associations are an innovative solution to a myriad of challenges that arise in the ownership of residential property. They solve collective action problems and fulfill desires in the common pursuit of neighborhood harmony. But when community associations go too far to conform and perfect the neighborhoods they govern, they often intrude on the fundamental […]