Home > Colorado Condo & HOA Articles Archive
0 views 5 sec 0 Comment

Colorado Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • 2024 Public Policy Legislation (CO) June 18, 2024
    It has been quite some time since the HOA industry in Colorado has seen as much legislation as we saw this year! Of the 13 bills signed by the Governor, three pertain to public policy, which is a clear trend in legislative goals: HB24-1091 – Fire-hardened building materials, HB24-1152 – ADUs (accessory dwelling units), and SB24-134 – home-based businesses.   Read the article…………………………….
  • The Ethics of the Fiduciary Duty from the Litigators’ Lens June 9, 2024
    The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry has changed, we have seen how certain business practices have raised ethical considerations when those practices are called into question during litigation. With that, it is helpful to review the various duties that are owed and look at their implications in litigation.    Read the article…………………………….
  • To Give or Receive: A Guide to Crafting a Gifting Policy for Managers, Management Companies, and Boards June 9, 2024
    Gift-giving in the workplace amongst managers, management companies and vendors can be a thoughtful gesture, but it can also be complicated by the untrue perceptions or lack of understanding where “the line” is. To ensure a positive and ethical environment, management companies need clear gifting policies that managers and our vendor partners understand and abide by. When your company or Board is considering creating a formal policy, here are a few key things to consider:     Read the article…………………………….
  • The Corporate Transparency Act – Ethical Issues with Reporting Requirements June 9, 2024
    The Corporate Transparency Act is a major new federal law that imposes strict reporting requirements on nearly all business entities in the US, including community associations. This new law is significant, as it will impact every community association and every individual homeowner who serves on an association’s board of directors. Compliance with this new law is mandatory, and failure to comply can lead to severe penalties, which include fines of up to $500 per day and/or imprisonment of up to 2 years.    Read the article…………………………….
  • Spring Is Here – Time To Get Your Architectural Review House In Order June 3, 2024
    Winter is over and spring has finally arrived! For many homeowners this means that the time has come to begin thinking about home improvement projects. Installing gardens, refreshing landscaping, expanding patios, constructing sheds, and house painting are common spring and summer projects. For associations, and their architectural review committees, this could mean an influx of design review requests.   Read the article…………………………….
  • The Art of Taking Meeting Minutes June 3, 2024
    Taking good meeting minutes is a bit of an art form; on the one hand, minutes should be brief (hence the term “minutes”), but on the other hand minutes need to contain enough information to accurately report all actions that took place during the meeting. So, what is the secret to taking good meeting minutes?   Read the article…………………………….
  • New Laws Protect Homeowners in HOA Foreclosures, Regulate Metro Districts Acting as HOAs (CO) May 23, 2024
    The Colorado Legislature has taken a hard look this session at issues facing common interest communities and unit owners within them, considering several bills related to attorney fees in homeowner association (“HOA”) foreclosures, licensure requirements for community managers, new policies and requirements for metro districts, and execution requirements for community declarations.   Read the article…………………………….
  • The Ethics of the Fiduciary Duty from the Litigators’ Lens May 21, 2024
    The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry has changed, we have seen how certain business practices have raised ethical considerations when those practices are called into question during litigation.   Read the article…………………………….
  • To Give or Receive: A Guide to Crafting a Gifting Policy for Managers, Management Companies, and Boards May 21, 2024
    Gift-giving in the workplace amongst managers, management companies and vendors can be a thoughtful gesture, but it can also be complicated by the untrue perceptions or lack of understanding where “the line” is. To ensure a positive and ethical environment, management companies need clear gifting policies that managers and our vendor partners understand and abide by. When your company or Board is considering creating a formal policy, here are a few key things to consider   Read the article…………………………….
  • The Corporate Transparency Act – Ethical Issues with Reporting Requirements May 21, 2024
    The Corporate Transparency Act is a major new federal law that imposes strict reporting requirements on nearly all business entities in the US, including community associations. This new law is significant, as it will impact every community association and every individual homeowner who serves on an association’s board of directors. Compliance with this new law is mandatory, and failure to comply can lead to severe penalties, which include fines of up to $500 per day and/or imprisonment of up to 2 years.    Read the article…………………………….
  • Pool Rules and Safety Practices May 16, 2024
    We recommend that pool rules be adopted and mailed or emailed to all Owners and residents. If the Board of Directors isn’t clear on the legalities of certain rules such as adult swim times or unaccompanied children in the pool area, please ensure to obtain the Association attorney’s legal advice as pool rules can at times produce liability if not properly worded or if illegal rules are enacted.   Read the article…………………………….
  • Squatters: What is a Board to Do? (CO) May 15, 2024
    With housing availability and affordability at an all-time low and homeless populations at an all-time high, the issue of squatters in vacant properties is becoming more prevalent in association communities. The news has published extreme cases in New York of squatters being treated as legitimate tenants under New York law with the actual owners spending thousands of dollars and years in court to reclaim their property rights.     Read the article…………………………….
  • Service Animals vs. Emotional Support Animals: An Overview May 15, 2024
    Community associations have been scratching their heads as to the difference between service animals and emotional support animals. Federal law provides for the definition of service animals, but there is very little guidance when it comes to emotional support animals. This can be problematic for associations who may unknowingly be implementing discriminatory practices.   Read the article…………………………….
  • De-escalation – Tried and True Techniques May 15, 2024
    “Conflict is a good thing” was the sales pitch from a rug salesman desperate to try and shift the most hideous fuchsia floor rug that would have been objectively unacceptable to any design theory to my father in the early 90s and has become a running gag whenever there is a disagreement in our household. Every time before trial, in those quiet moments before the judge enters the courtroom, that shared inside family joke makes its internal appearance while I reflect on how the parties got to the winner-take-all situation that they find themselves in.   Read the article…………………………….
  • You Have Been Assessing Me Too Much! Square Footage Allocation Discrepancies (CO) May 1, 2024
    For homeowners’ associations whose assessment allocations are based on square footage of units, problems may arise if the developer used incorrect square footages in the calculations and an owner discovers such discrepancy (especially if the owner is paying a higher assessment than they would otherwise). Owners who discover such discrepancies will likely complain to the board and/or manager, oftentimes demand a refund, and typically threaten legal action if the problem is not corrected.    Read the article…………………………….
  • Collecting When the Homeowner is Deceased (CO) May 1, 2024
    Unfortunately, sometimes homeowners pass away. When that happens and the homeowner owes a balance to the association, boards often have many questions about what that means and what they should be doing. First and foremost, remember that the heirs are grieving their loved one. Board members are often torn between wanting to be respectful of the situation, but also carry out their fiduciary duty as a board member.    Read the article…………………………….
  • FinCen Confirms CTA Applies to Associations April 24, 2024
    Although many concluded that the Corporate Transparency Act (“CTA”) applies to homeowners associations, we now have verification of this. On April 18, 2024, the Financial Crimes Enforcement Network (“FinCen”) issued 16 new FAQs and updated two more. Under Category C, question C.10 of the FAQs, a Q&A was added confirming that CTA requirements apply to most homeowners’ associations in the country.   Read the article…………………………….
  • Landscaping and Covenant Enforcement (CO) April 19, 2024
    With spring being in full force and summer being just around the corner, we wanted to remind all Associations regarding policies, covenant enforcement and good practices as it relates to landscaping.   Read the article…………………………….
  • Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations April 17, 2024
    For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk of insurance claims and maximizing cost savings.  Read the article…………………………….
  • HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) April 17, 2024
    When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes to already-mandated policies and resulted in additional expenses be incurred to comply with the new laws.   Read the article…………………………….
  • Roof Preventative Maintenance for Multi-Family Communities April 17, 2024
    A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems.  To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall health of a roof and remediate small issues before they can become larger issues.  Why is it important to perform preventative maintenance for a roofing system?   Read the article…………………………….
  • Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success April 17, 2024
    Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment of deferred maintenance is the first step in determining the current state of the community.   Read the article…………………………….
  • When Pipes Fail & Preventative Maintenance April 17, 2024
    When considering your piping systems, there are two main systems in question: Domestic Water Systems and Drain, Waste and Vent (DWV) Systems. Below are some signs of aging to look out for with each system, and how to best maintain them. In the event that systems fail, repiping is the primary option that can prove to be more cost-effective than constant repairs and can be achieved without the need for residents to move out.   Read the article…………………………….
  • When Should You Contact an Engineer? April 17, 2024
    When it comes to the reconstruction and restoration of HOA communities, the civil and structural engineers who make up a part of this niche market are accustomed to working behind the scenes. After all, there’s nothing high-profile and flashy about designing repair plans, pulling permits, or writing up engineering reports about potential issues within a community. Some recent events and current legislative attention have flipped that script around and shone the spotlight directly on the engineering side of this industry. There is one lesson that is inevitable, however; deferred maintenance within our communities is increasing at an alarming rate.  Read the article…………………………….
  • Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations (CO) April 1, 2024
    For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk of insurance claims and maximizing cost savings.   Read the article…………………………….
  • Cameras, Are the Risks Worth the Rewards? April 1, 2024
    As technology has evolved and home security/camera systems have become more affordable and accessible, many associations have grappled with the question of cameras (both association and owner) and whether cameras should be installed: (1) on common areas to “protect” the association and to help control theft and vandalism in the community; or (2) on individual units. While the installation of cameras certainly provides a benefit to both owners and an association, there are risks involved with such installation of which an association and owner should be aware.    Read the article…………………………….
  • Director Elections—What Could Possibly Go Wrong? April 1, 2024
    Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with objection, suspicion, and unfortunately, hostility.    Read the article…………………………….
  • HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) April 1, 2024
    When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes to already-mandated policies and resulted in additional expenses be incurred to comply with the new laws. HB22-1137 was meant to make delinquencies and covenant enforcement easier on homeowners, but now that we have a year a half or so to look back, what are some of the continuing issues with it? HB22-1137 mostly impacts delinquencies and covenant enforcement and the continuing issues with each are ...
  • Roof Preventative Maintenance for Multi-Family Communities April 1, 2024
    A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems.  To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall health of a roof and remediate small issues before they can become larger issues.    Read the article…………………………….
  • Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success April 1, 2024
    Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment of deferred maintenance is the first step in determining the current state of the community.   Read the article…………………………….
  • When Pipes Fail & Preventative Maintenance April 1, 2024
    When considering your piping systems, there are two main systems in question: Domestic Water Systems and Drain, Waste and Vent (DWV) Systems. Below are some signs of aging to look out for with each system, and how to best maintain them. In the event that systems fail, repiping is the primary option that can prove to be more cost-effective than constant repairs and can be achieved without the need for residents to move out.   Read the article…………………………….
  • Construction Contracts: Best Practices and Important Considerations April 1, 2024
    Your reserve account is finally fully-funded and that pool house is looking shabby. It’s time for a refresh! Maybe you can remove that ancient, dead tree while you’re at it. Before you hire a contractor to perform work in your community – be it major or minor – it’s important to make sure that you know what you’re getting, and they know what they’re expected to do.   Read the article…………………………….
  • When Should You Contact an Engineer? April 1, 2024
    When it comes to the reconstruction and restoration of HOA communities, the civil and structural engineers who make up a part of this niche market are accustomed to working behind the scenes. After all, there’s nothing high-profile and flashy about designing repair plans, pulling permits, or writing up engineering reports about potential issues within a community. Some recent events and current legislative attention have flipped that script around and shone the spotlight directly on the engineering side of this industry. There is one lesson that is inevitable, however; deferred maintenance within our communities is increasing at an alarming rate.    Read the article…………………………….
  • Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations March 26, 2024
    For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk of insurance claims and maximizing cost savings.     Read the article…………………………….
  • HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) March 26, 2024
    When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes to already-mandated policies and resulted in additional expenses be incurred to comply with the new laws. HB22-1137 was meant to make delinquencies and covenant enforcement easier on homeowners, but now that we have a year a half or so to look back, what are some of the continuing issues with it? HB22-1137 mostly impacts delinquencies and covenant enforcement and the continuing issues with each are ...
  • Roof Preventative Maintenance for Multi-Family Communities March 26, 2024
    A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems.  To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall health of a roof and remediate small issues before they can become larger issues.    Read the article…………………………….
  • Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success (CO) March 26, 2024
    Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment of deferred maintenance is the first step in determining the current state of the community.     Read the article…………………………….
  • The Construction Defect Bills (CO) March 15, 2024
    The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains already being felt by many in the state caused by the current cost-of-housing crisis, the Colorado Legislature has introduced three bills aimed at bringing down the cost of construction defect lawsuits by making them harder to bring by an association, provide for mandatory alternative dispute resolution, and limit damages a claimant can seek. Let’s pop the hood on SB24-106, SB24-112, and HB24-1230 and take a ...
  • What Makes a Home………Business? (CO) March 14, 2024
    The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities.  The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply!     Read the article…………………………….
  • Important Reminders Regarding Association Business (CO) March 13, 2024
    The last few weeks have proven to be very busy with regards to Homeowner Association business. Please note the following updates and recommendations regarding Associations.    Read the article…………………………….
  • Facing Property Insurance Challenges (CO) March 6, 2024
    Skyrocketing premiums for property insurance coverage for many common interest communities in Colorado, particularly condominium projects, are becoming a financial nightmare for those communities impacted by the premium hikes and the homeowners who live in them. In fact, the Speaker of the House in Colorado is sponsoring House Bill 24-1108 to require the Commissioner of Insurance to conduct a study on the property insurance market for common interest communities in Colorado and to make recommendations on measures and programs to ensure the long-term sustainability and availability of property insurance coverage.     Read the article…………………………….
  • The Federal Corporate Transparency Act Ruled Unconstitutional in Alabama March 5, 2024
    The Corporate Transparency Act (“CTA”) has been the hot topic of discussion among HOA industry professionals, with many having concerns as to who will handle the registration process and updates. But has this concern been for naught? Possibly, as a federal court in Alabama has recently ruled that the CTA is unconstitutional.    Read the article…………………………….
  • To Tow or Not to Tow – Towing Regulations Governing Community Associations (CO) March 1, 2024
    Is finding a parking space in your community challenging? Condominium and townhome-style communities often have open parking lots which may include individually assigned parking spaces and/or parking spaces which are available on a first-come, first-served basis.  Such communities commonly adopt parking rules that aim to increase safety, improve the flow of traffic, and maximize parking convenience for residents. These rules may limit the number of vehicles a resident may park within the community, restrict parking locations, establish permissible time frames when vehicles may be parked, and limit the size/type of vehicles that may be parked within the community parking lots.   Read the article…………………………….
  • Whe Do We Have to Submit an Insurance Claim? March 1, 2024
    One of the more confusing concepts in HOA world is insurance and knowing when to submit a claim. All too often associations get in trouble for failing to submit claims and requiring an owner to pay for damages out of pocket instead of using insurance proceeds. In this article, we will discuss how to determine if a claim must be submitted.   Read the article…………………………….
  • When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO) February 22, 2024
    The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.   Read the article…………………………….
  • When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO) February 21, 2024
    The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.    Read the article…………………………….
  • Proposed Bill to Affect HOA Foreclosure Sale Requirements (CO) February 1, 2024
    Introduced January 31, 2024 by Representative Naquetta Ricks, the proposed bill, HB24-1158, would severely hamper an HOA’s efforts to foreclose for unpaid assessments. The bill proposes that prior to turning over a delinquent account to collections or to an attorney for legal action, an HOA must send a notice to the owner that free information about collections and foreclosures may be obtained through the Department of Regulatory Agencies’ HOA Information and Resource Center.Read the article…………………………….
  • Important Reminders for Collection Procedures (CO) January 31, 2024
    It is very important to properly reflect in a Managing Agent’s software or Association’s records when an account is transferred to legal collections, as accepting payments for accounts that are in legal collections, or speaking to Owners whose accounts are in legal collections regarding their account may negatively impact the Association’s ability to collect the full outstanding balance.Read the article…………………………….
  • How Long Do I Have to Keep Association Records? (CO) December 20, 2023
    Did you know that both CCIOA and the Colorado Revised Nonprofit Corporation Act, provide retention timeframes for certain records? For example, did you know that the Nonprofit Act requires associations to keep the following records permanently:     Read the article……………………………..
  • Little Known Provisions in CCIOA and the Nonprofit Act (CO) December 1, 2023
    The Colorado Common Interest Ownership Act (“CCIOA”) and the Colorado Revised Nonprofit Corporations Act (“Nonprofit”) are the two primary statutes governing common interest communities in Colorado. These statutes are long, complex, and contain provisions many people are not familiar with, and, frankly, may not care about.   Read the article……………………………….
Comments are closed.