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Colorado Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • 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……………………………….
  • Special Assessments – ‘Tis the Season! (CO) December 1, 2023
    What is a special assessment? A special assessment is an assessment that is not contemplated in an association’s budget for the fiscal year and is therefore over and above the regular assessments imposed in accordance with an association’s budget.   Read the article……………………………….
  • What to Do When a Vendor May be Filing for Bankruptcy (CO) November 24, 2023
    With continued inflation, rising costs of materials, and the volatility of our current economy, we continue to experience financial impacts to community associations, including the impact to an association when one of its vendors decides to file bankruptcy.   Read the article……………………….
  • 5 Important Steps You Can Take to Deal With Rising Maintenance and Construction Costs in 2024 November 22, 2023
    It’s probably safe to say that maintenance and construction costs are going to go up, perhaps way up, in 2024. Why? Ongoing economic uncertainty in the market, higher interest rates, continued labor shortages, rising costs of materials, and (oh lucky us…) a highly charged political season.   Read the article……………………………..
  • HOA Insurance: A Tale of Premiums Past and Strategies for the Future (CO) November 22, 2023
    Several years ago, my wife suggested, “You should run for a position on our HOA’s Board of Directors. You attend so many board meetings; you would be great at it!” Today, more than ever, I appreciate those who volunteer to serve their community as a board member. This often thankless position can demand so much time that it feels like a part-time job. I considered my wife’s suggestion to run for a board position much longer than I would today. It seems that increasingly over the last couple of years, boards have been faced with a barrage of difficult decisions with far-reaching consequences for their community members.   Read the article……………………………….
  • Conflict Mitigation: When Someone Crosses the Legal Line November 22, 2023
    Community association leaders—boards and professional managers– were never given the memo that their job descriptions changed. Historically, much of the time invested in managing a community was directed towards fiscal management, fund handling, planning for and replacing infrastructure, and performing ongoing maintenance.     Read the article………………………………
  • 2023 Arizona Legislation November 17, 2023
    HB2251 – which amends A.R.S. Section 33-1253 of the Condominium Act (it does not apply to Planned Communities) was signed by the Governor on 06/19/2023. This new law will impact insurance coverage and insurance claims in Arizona Condominiums, HB2298 – which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) was signed by the Governor on 04/18/2023. This new law will impact regulation of public roadways within Planned Communities HB2301 – which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 04/17/2023. This new law will allow a community association to prohibit a person who is not accompanied by an Association unit owner ...
  • Important Reminders Regarding Collection Procedures (CO) November 1, 2023
    Please remember to follow the revised HB22-1137 Collection Policy for each individual Association. There may be variations present in each Association’s policy, therefore it is important that each be followed as written.   Read the article…………………………..
  • Maintenance and Insurance-What’s the Difference and Why is it so Hard to Understand? (CO) November 1, 2023
    Understanding the difference between a maintenance obligation and an insurance obligation is a crucial part of community living. Maintenance and insurance obligations differ between associations depending on how the governing documents are drafted whether the association is classified as a condominium, townhome, or single family community. It is important that an association understand the difference before allocating any maintenance or insurance responsibilities and/or costs.   Read the article…………………………………
  • Discretionary vs Mandatory: When Similar Words Make a Big Difference (CO) November 1, 2023
    The language of the governing documents of an association provides what an association’s board and owners are allowed and required to do. However, the governing documents often use words that at first blush seem to mean the same thing, such as “power” versus “duty,“ “can” versus “will,” and “may” versus “shall.” Some of these words indicate a requirement, while the other words merely provide authority to do something at the party’s discretion.   Read the article……………………………………
  • A ‘win for democracy’ at HOA (CO) October 21, 2023
    “Democracy is not an obstacle to tyranny.” Easy now — this is not going to get political, although the opening quote does come to mind when discussing Homeowners Associations (HOAs). Throw in an expensive decision, and herding the “cats” of a small, six-owner HOA suddenly becomes either the purest form of democracy or tyranny, depending on which side of the discussion you are on. Read the article……………………………..
  • Homeowner Association Flood Mitigation Measures (CO) October 15, 2023
    For any homeowner, the prospect of a flood is a daunting one. With Colorado seeing over five inches of rain in both May and June of this year, breaking a hundred-year record, the likelihood of experiencing a flood has been significantly higher than in a ‘normal’ year. While a flood can be equally as devastating as a housefire, flood mitigation precautions are often overlooked due to the arid environment in which we live.   Read the article………………………………
  • Modernized Lending Standards: New Fannie Mae Requirements in the Wake of the Champlain Towers Tragedy (CO) October 15, 2023
    Following the tragic collapse of the Champlain Towers South in Surfside, Florida, Fannie Mae took a significant step to modernize lending requirements. These new requirements place a greater emphasis on the property condition and the strength of the community’s reserves. In response to growing concerns about aging infrastructure and extensive deferred maintenance in certain buildings, Fannie Mae introduced a series of measures that will have a profound impact on the condominium market.   Read the article……………………………….
  • “Xeriscape Bill” [SB 23-178] (CO) October 15, 2023
    Have you heard of the recent “Xeriscape Bill” that was signed into law at the end of May? This new bill overrides pre-existing HOA guidelines that restricted residents from installing xeriscape, artificial turf, and vegetable gardens in their yards. The intent of the bill is to promote water-wise landscapes.   Read the article………………………………..
  • The Age of the Homeowner October 15, 2023
    In the community management industry, we’re entering an era where homeowners and board members, the core stakeholders of every community, are becoming the new focal point. While the industry has long prioritized back-office efficiency, a new emphasis on putting technology directly into the hands of homeowners and board members is emerging.   Read the article………………………………
  • HOAs Cannot Prohibit Installation of Solar but can Enforce Reasonable Restrictions (CO) October 15, 2023
    For the past several years, the homeowner association (HOA) space has seen and continues to see many changes in regulation, including legislation around renewable energy options. Various states have taken a more proactive stance on the installation of solar panels, explicitly targeting HOAs that enforce restrictions on these devices.   Read the article……………………………….
  • Budget Ratification, Annual Meetings, and Owner Education (CO) October 2, 2023
    All Associations, whether pre or post CCIOA, are subject to a budget ratification process. Please refer to the Association’s individual governing documents for meeting notice timelines and percentages of members voting against the proposed budget for the individual requirements of each Association. If no requirements are listed in the governing documents, CCIOA provides the following:   Read the article…………………………..
  • Tips for Understanding and Interpreting Your Governing Documents (CO) October 2, 2023
    If you just got elected to the board or started managing a new community association, the first thing you should do is review your governing documents. Chances are you will be faced with questions, the answers of which are buried in your governing documents. But getting a solid grasp on your documents may seem like an overwhelming task.   Read the article……………………………..
  • Help! My Association Can’t Afford Its Insurance Premiums (CO) October 2, 2023
    Unfortunately, we continue to see major increases to insurance premiums in Colorado, and for some communities, insurance has become practically unaffordable. In fact, it is no longer unusual to see annual premiums ranging between $600,000 and $800,000 for some associations, with no sign of relief in the near future.    Read the article……………………………
  • Homeowners pay for but seldom understand metro districts (CO) September 29, 2023
    Metropolitan (Metro) districts are mostly used to finance the construction of public infrastructure, usually for a residential development, that would otherwise be paid for by a governmental entity or private developers.Read the article………………………….
  • Denver Green Roofing Initiative and the Progression of Energy Efficient Roofing Systems September 25, 2023
    With the continued growth and modernization of urban areas comes the human response to energy efficiency and health. Surprisingly, roofing systems can play a large factor in this response. Energy efficiency in regard to roofing is not a new idea; however, it only truly began to gain traction in the United States in the early 2000s when California changed their energy code to use cool roofing for commercial buildings    Read the article………………………..
  • Homeowner Association Flood Mitigation Measures (CO) September 25, 2023
    For any homeowner, the prospect of a flood is a daunting one. With Colorado seeing over five inches of rain in both May and June of this year, breaking a hundred-year record, the likelihood of experiencing a flood has been significantly higher than in a ‘normal’ year.   Read the article………………………..
  • Modernized Lending Standards: New Fannie Mae Requirements in the Wake of the Champlain Towers Tragedy September 25, 2023
    Following the tragic collapse of the Champlain Towers South in Surfside, Florida, Fannie Mae took a significant step to modernize lending requirements. These new requirements place a greater emphasis on the property condition and the strength of the community’s reserves. In response to growing concerns about aging infrastructure and extensive deferred maintenance in certain buildings, Fannie Mae introduced a series of measures that will have a profound impact on the condominium market.    Read the article………………………..
  • HOAs Cannot Prohibit Installation of Solar but can Enforce Reasonable Restrictions (CO) September 25, 2023
    For the past several years, the homeowner association (HOA) space has seen and continues to see many changes in regulation, including legislation around renewable energy options. Various states have taken a more proactive stance on the installation of solar panels, explicitly targeting HOAs that enforce restrictions on these devices   Read the article………………………..
  • COLUMN: Respect your local HOA board members September 16, 2023
    The “Seinfeld” TV series in the 1990s had a running joke set in “Del Boca Vista,” a fictitious condo community in which his retired parents lived in Florida. Its Homeowners Association Board was a dictatorial, petty, nagging stereotype. That came to mind when I read a recent story in the Colorado Sun about ruthless HOA foreclosures in Colorado with anecdotal complaints in heart-rending interviews with homeowners who lost their homes in judicial foreclosures initiated by HOAs for the nonpayment of debts.  Read the article………………………..
  • When the Homeowners Association Comes for Your Home (CO) September 14, 2023
    A spate of foreclosures filed by HOAs in Denver illustrate the potential risks of a increasingly common homeownership model.   Read the article………………………..
  • Important Reminders Regarding Delinquency Processes (CO) September 6, 2023
    Please note the following reminders related to collections and processes:  A vote of the Board of Directors is required prior to a file being transferred to the attorney for collections.   Read the article………………………..
  • Questions Prospective Homeowners Should Ask Before Buying Into an HOA (CO) September 5, 2023
    The Colorado Common Interest Ownership Act (“CCIOA”) defines a Common Interest Community as “real estate described in a declaration with respect to which a person, by virtue of such person’s ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration.” The associations formed to oversee and govern these communities are generally called Homeowner’s Associations, or “HOAs.”   Read the article………………………..
  • Updates to MCIOA Homeowners Associations Need to Know About: Part III (MN) August 9, 2023
    As discussed in earlier in this series, there were some significant changes to Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”) adopted in the recent session of the Minnesota legislature. Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s violation of the governing documents.   Read the article………………………..
  • House Bill 1137 One Year Later: The Forgotten Homeowners and Resident (CO) August 9, 2023
    On August 10, 2022, House Bill 22-1137 (“HB 1137”) went into effect. The new law at that time made significant changes to how HOAs in Colorado are permitted to handle enforcement and collection matters. Now that we have lived with and worked under this law for a year, we have discovered issues with the law that adversely impact HOAs.  Read the article………………………..
  • Unlocking the Magic of HO6 Insurance August 2, 2023
    When it comes to safeguarding your condominium or townhome investment, having the appropriate insurance coverage is vital. The HO6 insurance policy is specifically designed to fill the gaps left by the master insurance policy held by the association. In this article, we will delve into what HO6 insurance entails, its significance, key inquiries to make to your insurance agent or company, and the utilization of loss assessment in case you are assigned a portion of a deductible.   Read the article………………………..
  • Senate Bill 23-178 “Waterwise Landscaping in Homeowners’ Association Communities” (CO) August 2, 2023
    Being an avid flower and vegetable gardener – and not shy to talk about it – I’ve heard from a few friends at the law firms wondering what regulations around “visible” vegetable gardens could look like. I’ll tell you, I do not mind the change. Also, I see why it causes concern for aesthetically-minded community architectural or landscape committees and the management infrastructure that has to enforce their decisions.    Read the article………………………..
  • 1137 One year later – financial and other impacts additional thoughts (CO) August 2, 2023
    The passage of HB22-1137 had a number of intended and achieved consequences including eliminating industry “insider” purchase of HOA foreclosures, opening up small claims court for some disputes, and others. Most importantly, it did prevent hundreds of what could only be called predatory foreclosures.   Read the article………………………..
  • Simple Bylaw Amendments to Improve Community Operations (CO) August 1, 2023
    Outdated and burdensome provisions within the association’s bylaws can serve to hinder operations and needlessly increase administrative costs. For example, does your board conduct business via email? The association’s bylaws likely have a provision that sets forth the requirements for the board to make decisions outside of a board meeting (such as email) and it may require unanimous written approval from all directors. Inconsistencies concerning the association’s operational practices and the bylaw requirements can result in delayed board action, questioned authority, and increased expense to the community.   Read the article………………………..
  • Act Now: New HOA Legislation in Place (CO) August 1, 2023
    The Colorado legislature recently passed legislation relating to common interest communities that require actions to be taken by Associations.   Read the article………………………..
  • “Don’t Panic” — The HOA’s Guide to the Galaxy…of Records Inspection (CO) July 15, 2023
    Responding to record requests can sometimes be a daunting task. With CCIOA’s detailed list of “records of the association” that Colorado common interest communities are required permit requesting owners to inspect, combined with requesting owners’ increasing tendency to submit broad records requests, here are a few tips to help you get through this process as easily and painlessly as possible:   Read the article………………………..
  • Association Notice Requirements for HB23-1105 HOA And Metro District Task Force (CO) July 6, 2023
    HB23-1105 was one of the bills affecting community associations that came out of this year’s legislative session. In brief, this bill creates a task force, under the Department of Regulatory Agencies (DORA) to examine issues confronting HOA homeowners’ rights and to prepare a report by April 15, 2024 regarding the task force’s findings and conclusions regarding the matters it examines.    Read the article………………………..
  • House Bill 23-1105 Task Forces To Examine Issues Affecting Homeowners’ Rights In Colorado July 5, 2023
    House Bill 23-1105 passed and became law on May 24, 2023. It creates two task forces, one that focuses on HOA homeowners’ rights and a second task force focusing on Metropolitan District homeowners’ rights. The Department of Regulatory Agencies (“DORA”) is excited to share an opportunity with you to participate.    Read the article………………………..
  • 3 Strategies for Improving Compliance with Covenants (CO) June 24, 2023
    Ensuring compliance with your community’s covenants is perhaps the best way to reduce unnecessary conflict and increase harmony among neighbors. There are no foolproof methods, but these strategies can help.  Read the article………………………..
  • Association Notice Requirements for HB23-1105 HOA And Metro District Task Force (CO) June 22, 2023
    HB23-1105 was one of the bills affecting community associations that came out of this year’s legislative session. In brief, this bill creates a task force, under the Department of Regulatory Agencies (DORA) to examine issues confronting HOA homeowners’ rights and to prepare a report by April 15, 2024 regarding the task force’s findings and conclusions regarding the matters it examines.   Read the article………………………..
  • Mandatory Updates to HOA Landscaping Policies (CO) June 21, 2023
    Governor Polis signed into law SB23-178, which is a bill regarding landscaping changes using water-wise means. The law will take effect August 9, 2023, and it applies to detached, single family HOAs.   Read the article………………………..
  • CAI 2023 Overview of 6 Bills affecting Associations (CO) June 19, 2023
    Community Associations Institute’s Colorado Legislative Action Committee (CAI CLAC) spent the 2023 legislative session advocating on behalf of the approximately 2,403,000 Coloradans in 893,000 homes in more than 9,900 community associations. More than 680 bills were introduced, and CAI monitored 6 bills that would have directly affected community associations. Below is a brief overview:   Read the article………………………..
  • Catastrophic Losses and Insurance Costs: Navigating the Choppy Waters of Community Association Coverage June 18, 2023
    This article offers tips for community associations to manage rising insurance costs and mitigate losses after major disasters. The increasing cost of insurance premiums is due to catastrophic losses and the need for more reinsurance. To keep costs down, community associations should focus on risk management, regular maintenance, and work with experienced insurance brokers.   Read the article………………………..
  • Reach for the Sky! — Civil Liability and Insurance Cost and Coverage Implications of Shootings and Other Violent Criminal Acts in Common Areas (CO) June 8, 2023
    How concerned should Colorado common interest communities be about civil liability arising from third-party criminal acts committed on the Common Elements?  Until recently, a common answer may have been something like: Not terribly concerned at all, especially in communities where individual owners share fractional, undivided interests in the Common Elements.   Read the article………………………..
  • Why D&O?! (CO) June 8, 2023
    Putting it in today’s terms, one of my biggest “cringe” moments being an HOA insurance specialist is when a Board of Directors decides they do not wish to procure Directors and Officers Liability Insurance (D&O). In my mind, (and I’m sure many of you share this same opinion), this coverage is absolutely necessary to protect the Board from allegations of wrongdoing and the defense against such claims. Often, I find that the reason a Board may choose to decline procuring D&O coverage is because they do not understand why this coverage is necessary and what exactly it covers.   Read the article………………………..
  • Ethics of Collections (CO) June 8, 2023
    No one feels good about collections. Board Members don’t relish sending their neighbors to collections. Professionals, be they managers or account techs or attorneys, don’t enjoy it either. However, the reality is that collections is a necessary reality for nearly every Association at some point.   Read the article………………………..
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