In Colorado, where diverse climates and varied terrains present unique challenges for property maintenance, understanding the specifics of building reserve studies is essential for property owners and managers. Here’s a breakdown of what you need to know about building reserve studies under Colorado’s rules and regulations:   Read the article…………………………….

In its current form, HB25-1123 builds and expands on existing provisions in the Colorado Common Interest Ownership Act (CCIOA) regarding alternative dispute resolution. Specifically, HB25-1123 seeks to implement mandatory dispute resolution processes and procedures for resolving conflicts between community associations and owners through informal dispute resolution or, in certain cases, by means of mandatory mediation or arbitration.    Read the article…………………………….

By design, Members of the Association have very limited voting and decision-making authority. Board members are granted the authority to carry out most of the corporation’s business on behalf of the Owners who elected them. As a result, the Board must never waiver in recognizing the significance of their role. Members want to have complete trust in the decision-making body they elected. It is largely the task of the Board to build that trust and demonstrate transparency.   Read the article…………………………….

In 2022 (HB22-1137) and again in 2024 (HB24-1337), the General Assembly passed legislation that limited an association’s ability to seek recovery of unpaid assessments. HB25-1043 is the latest effort to further curtail an association’s ability to pursue legal remedies to collect legitimate owner delinquencies.    Read the article…………………………….

I have recently encountered lots of questions about “working sessions” and whether they are legal. However, before discussing the legality of these mysterious little culprits, we must first figure out what they are.  For most boards, working sessions are nothing more than informal gatherings during which they discuss various projects and other association-related issues in order to be ready to make formal decisions on these topics at their next board meeting. Working sessions do not include formal decisions and most boards do not believe such sessions to constitute meetings.   Read the article…………………………….

The terms “energy” and “efficient” are used every day in all aspects of life, whether it is on a local or global scale. Homeowners associations are not immune from these terms and their application. The Colorado Common Interest Ownership Act (“CCIOA“) includes an entire section (106.7) that addresses energy efficiency measures with respect to associations.  Read the article…………………………….

As many common interest community owners and boards likely know, finding association insurance at a reasonable rate in Colorado is becoming more difficult. One of the reasons for this is that Colorado is the state with the third-highest wildfire risk, with Colorado’s 20 largest recorded wildfires occurring in the last 2 decades. In 8 of the last 10 years, Colorado has been listed as a state where homeowners insurance has been unprofitable for the insurance industry. Due to Colorado’s high risk for wildfires and hail damage, this has led many insurance companies to decide to no longer do business in Colorado at all.     Read the article…………………………….

On May 13, 2024, Governor Polis signed HB24-1152. This bill makes it unlawful for associations in ADU Supportive Jurisdictions and/or within ADU subject jurisdictions to prohibit owners of single family detached homes to construct ADUs (between 500 and 700 square feet) on their lots.   Read the article…………………………….

In 2024, the General Assembly declared that “…increasing the housing supply through the construction or conversion of accessory dwelling units is a matter of mixed statewide and local concern.” Thus, HB24-1152 was passed into law.   Read the article…………………………….

As we navigate and set objectives for 2025, there is no better time to remind ourselves that leading with civility, knowledge, and compassion is crucial to building and maintaining stronger communities.  Occasional negative bias and misperceptions about community associations in recent years has, in some instances, led to increased tension and polarization between individual homeowners, volunteer board members, and community association managers.     Read the article…………………………….

Homeowners’ associations (HOAs) play a vital role in maintaining property values and community standards in Denver. However, HOA elections and board disputes can become contentious, leaving homeowners and board members confused about their rights and obligations. Understanding Colorado HOA laws can help residents navigate these situations effectively.    Read the article…………………………….

A Homeowners Association can be described as a governing body or organization that sets and enforces regulations for properties and their homeowners within a specific subdivision, condominium complex, or a planned community.  The main purpose of a HOA is to manage common spaces, administer property upkeep, and ensure adherence to standards set by the community.    Read the article…………………………….

Nobody wants to be the bad guy. As an HOA board member, you’re tasked with the often unpleasant job of enforcing all the rules and regulations that keep your community running smoothly. But what happens when those rules are broken?  Read the article…………………………….

Accessory Dwelling Units (ADUs), affectionately known as granny flats, in-law suites, or backyard cottages, are the talk of Colorado – because, really, who wouldn’t want their backyard to double as a thriving metropolis?  As the state wrestles with an affordable housing crisis, ADUs are strutting onto the scene like knights in shining (albeit slightly cramped) armor, promising to expand housing options. However, recent legislative changes aimed at making ADUs more common are causing quite a stir, especially among homeowners associations (HOAs), which generally prefer to keep their neighborhoods as uniform as a closet full of freshly pressed khakis.   Read the article…………………………….

An HOA receives an engineer’s report warning that a retaining wall on the property is on the brink of failure. The board, focused on other issues and keeping dues low, decides to put the report on the back burner. After all, the wall looks fine from a distance, right? Fast forward a few months, and a heavy rainstorm triggers a collapse, flooding several units. The HOA now faces costly damage claims, lawsuits, and increased insurance premiums. The expert report, neglected due to budget concerns, becomes a major liability.   Read the article…………………………….

As someone who has litigated community association legal disputes for many years, and now mediates those conflicts, I have a strong bias in favor of alternative dispute resolution (ADR) for these cases. As to why, disputes over property rights, property values, and people’s homes tend to be among the most emotionally charged cases I have handled in my career. As a result, people in the dispute spend thousands of dollars in litigation where they often regret going to the mat. All too often, those who win a covenant or other common HOA disputes lose financially in the end.   Read the article…………………………….

Any attorney that represents homeowner associations will tell you that the Colorado legislature has unleashed a massive assault on associations over the last several years with respect to regulating the collection of delinquent assessments. However, no other area of collections has been affected to quite the same extent as the foreclosure of association liens. There have been wide-sweeping revisions and new impediments to foreclosure never before seen in Colorado.    Read the article…………………………….

Among the most feared phrases to be uttered in a common interest community is “construction defect.” A construction defect is generally defined as a condition resulting from a flaw in design, workmanship, or materials that reduces the value of a structure or threatens the safety of its occupants. Once identified, construction defects have to be taken seriously and without delay. Although “construction professionals” (as defined Colorado’s Construction Defect Action Reform Act) are afforded at least two opportunities to resolve potential CD claims before an Association can file a CD lawsuit, every Association that finds itself with defects should assume that litigation is likely to occur.    Read the article…………………………….

The business-judgment rule is an important legal doctrine in Colorado that applies to directors of common interest communities. Most often, the business-judgment rule is used as a defense to complaints pertaining to discretionary board decisions. The business-judgment rule requires courts to defer to corporate deliberations and avoid second-guessing the good-faith decisions of directors.    Read the article…………………………….

Homeowners’ Associations (HOAs) play a vital role in maintaining the shared spaces and overall value of many communities in Colorado. However, there are instances where an HOA may overstep its authority or violate state laws, leaving homeowners uncertain about their rights and the best course of action. If you find yourself in this position, knowing the steps to take can protect your rights and ensure compliance with state laws.    Read the article…………………………….

Imagine it: you’ve finally found your dream home nestled within a picturesque community. The houses are charming, the streets are lined with trees, and a sense of tranquility fills the air. But before you settle into your new haven, there’s a crucial aspect of community living you need to understand: Covenants, Conditions, & Restrictions (CC&Rs).  Read the article…………………………….

Accessory Dwelling Units (ADUs), affectionately known as granny flats, in-law suites, or backyard cottages, are the talk of Colorado – because, really, who wouldn’t want their backyard to double as a thriving metropolis?  As the state wrestles with an affordable housing crisis, ADUs are strutting onto the scene like knights in shining (albeit slightly cramped) armor, promising to expand housing options. However, recent legislative changes aimed at making ADUs more common are causing quite a stir, especially among homeowners associations (HOAs), which generally prefer to keep their neighborhoods as uniform as a closet full of freshly pressed khakis.

An HOA receives an engineer’s report warning that a retaining wall on the property is on the brink of failure. The board, focused on other issues and keeping dues low, decides to put the report on the back burner. After all, the wall looks fine from a distance, right? Fast forward a few months, and a heavy rainstorm triggers a collapse, flooding several units. The HOA now faces costly damage claims, lawsuits, and increased insurance premiums. The expert report, neglected due to budget concerns, becomes a major liability.     Read the article…………………………….

As someone who has litigated community association legal disputes for many years, and now mediates those conflicts, I have a strong bias in favor of alternative dispute resolution (ADR) for these cases. As to why, disputes over property rights, property values, and people’s homes tend to be among the most emotionally charged cases I have handled in my career. As a result, people in the dispute spend thousands of dollars in litigation where they often regret going to the mat.    Read the article…………………………….

Any attorney that represents homeowner associations will tell you that the Colorado legislature has unleashed a massive assault on associations over the last several years with respect to regulating the collection of delinquent assessments. However, no other area of collections has been affected to quite the same extent as the foreclosure of association liens. There have been wide-sweeping revisions and new impediments to foreclosure never before seen in Colorado.    Read the article…………………………….

Among the most feared phrases to be uttered in a common interest community is “construction defect.” A construction defect is generally defined as a condition resulting from a flaw in design, workmanship, or materials that reduces the value of a structure or threatens the safety of its occupants. Once identified, construction defects have to be taken seriously and without delay.    Read the article…………………………….

As Colorado associations continue to struggle with exponentially increasing insurance premiums and wind/hail deductibles, boards and community managers alike struggle to find ways to ease the financial struggle. Whether the relief comes through document amendments pushing more insurance obligations onto the owners, or continuing to increase deductibles, the relief is oftentimes short-lived.   Read the article…………………………….

There are certain things in life we do at certain times of year: New Year’s resolutions, flu shots in the fall; holiday shopping in the winter. Did you know there are certain to dos that should occur at particular times when handling delinquencies? Add these to your annual calendar each year to be sure you are maximizing collections and minimizing delinquencies:   Read the article…………………………….

Selling a condo is not just about placing a property on the market; it is entangled with market trends, buyer expectations, and regulations particular to condos. In order to sell profitably, one has to go about the process with preparation, insight, and adaptability. The unique strategies and actionable insights within this guide go beyond the basics of condo sales.    Read the article…………………………….

In a recent case from Colorado, the Colorado Court of Appeals held that an HOA could prevent a homeowner whose voting rights had been suspended from running for election to his board of directors.   Read the article…………………………….

The holiday season is a time for joy, community, and connection. For HOAs, it’s an excellent opportunity to strengthen bonds among residents and foster a sense of belonging. Hosting holiday events can bring numerous benefits to your community, creating lasting memories and enhancing the overall living experience.    Read the article…………………………….

Big changes are underway at Arvada Gardens, a community in Colorado that is undergoing a major transformation! This multimillion-dollar renovation project has been in the works since RowCal took on the management of the property in the spring of 2022. With a focus on addressing significant structural issues and enhancing the overall appeal of the community, we’re excited to share the details of this ambitious project.     Read the article…………………………….

Fire safety is a critical aspect of homeownership, especially in regions prone to wildfires like Colorado. By selecting fire-resistant m aterials and implementing specific construction techniques, you can significantly increase your home’s resilience to fire. Ongoing maintenance and fire hazard awareness are critical to protecting your community from fire hazards. In this article, we’ll explore key strategies and materials that can help you strengthen your home against fire risks.   Read the article…………………………….

At the Highlands Ranch Community Association (HRCA), our mission and vision serve as the guiding principles behind everything we do. HRCA was honored to have been named CAI-RMC’s Association of the Year to have HRCA’s General Manager, Mike Bailey, appointed Community Manager Excellence in Service in 2024. With over 30,000 residential homes and 1,500 commercial properties, HRCA stands as a model of community-building, bringing people together with a shared sense of purpose and identity. Our mission is more than just words—it’s a clear reflection of our commitment to enhancing property values while providing an unparalleled quality of life for all residents.    Read the article…………………………….

How do you chart your course? For me, an annual calendar serves as a roadmap of tasks that need to happen each week, month and year. It helps in tracking deadlines and knowing when something is supposed to happen (hello, pool opening!), while providing the Board with insight into my activities as their manager.    Read the article…………………………….

When homeowners get upset with their HOA board members, they oftentimes accuse directors and officers of violating their “fiduciary duties”. But ironically, most people can neither define “fiduciary”, nor define “fiduciary duties” when asked. So, what does “fiduciary” mean and how does it apply to board members, if at all? These are the questions this article will seek to answer.   Read the article…………………………….

With rapid property development throughout Colorado, wildlife sightings in residential communities are becoming more and more frequent. From raccoons to bears, these animals are often attracted to trash cans left outdoors prior to or after pick-up, which can lead to headaches for associations.  Several options exist when it comes to limiting these types of encounters, including but not limited to creating shorter windows when trash cans may be placed outside and when they must be brought in or requiring specific types of trash receptacles that are not easily opened by animals.   Read the article…………………………….

As you may be aware, Homeowner Associations and other businesses will be required to file a Beneficial Ownership Information for with FinCEN under The Corporate Transparency Act. While CAI has filed a lawsuit to exclude Homeowner Associations from the types of businesses and corporations that have to comply with this Act, the lawsuit is not finalized and Homeowner Association will need to comply with the FinCEN registration by January 1, 2025.     Read the article…………………………….

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.    Read the article…………………………….

On May 22, 2024, Governor Jared Polis signed House Bill 24-1334 into law, which became effective on August 7, 2024. The bill, sponsored by a broad coalition of representatives and senators reflecting bipartisan support, was introduced to increase the availability of broadband internet service to multiunit buildings (condominiums and apartments) and mobile home parks.   Read the article…………………………….

Does your property still rely on old copper, galvanized, or even defective polybutylene drinking water pipes from decades past? It’s time to replace outdated drinking water pipes with a modern, reliable plumbing system designed for the future.   Read the article…………………………….

In 2022, an updated towing law went into effect in Colorado as a result of the passage of House Bill 22-1314. Not to be outdone, laws related to towing were revised yet again in 2024 as a result of the passage of House Bill 24-1051. This article outlines various requirements of the recent laws as they relate to HOAs that are considering towing as an enforcement option.   Read the article…………………………….

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 convenience for residents.    Read the article…………………………….

On May 22, 2024, Governor Jared Polis signed House Bill 24-1334 into law, which became effective on August 7, 2024. The bill, sponsored by a broad coalition of representatives and senators reflecting bipartisan support, was introduced to increase the availability of broadband internet service to multiunit buildings (condominiums and apartments) and mobile home parks. It is aimed at enhancing access to high-speed internet services by streamlining the process for broadband providers to install necessary infrastructure in these types of residential properties.   Read the article…………………………….

Fire safety is a critical aspect of building design and construction. Understanding fire ratings for building materials and adhering to best practices can significantly reduce the risk of fire-related incidents and enhance occupant safety.   Read the article…………………………….

In recent months, there has been some confusion about the effects of the Corporate Transparency Act (“CTA”) on Colorado Common Interest Communities (HOAs, POAs, Condominiums, Cooperatives, etc.). The CTA was enacted in 2021 to limit illicit financial activity, but, since passage, there has been some debate about if Common Interest Communities are subject to the law.   Read the article…………………………….

By January 1, 2025 over 32 million small companies must report their beneficial owners to the Treasury Department. Failure to report creates substantial criminal and civil liabilities for the company and its beneficial owners. The question has arisen, do homeowner associations have to report under the Corporate Transparency Act (CTA)? The State of Colorado seems to think so.  Is Colorado correct?    Read the article…………………………….

The term “conflicts of interest” is often referred to and used in connection with community associations with respect to actions and decisions of board members.  However, most people do not know what constitutes a legal conflict of interest as that term is defined by the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”).     Read the article…………………………….

If you own a home in Colorado within a planned community, you are likely part of a homeowners association (HOA). HOAs are vital organizations that play a central role in maintaining the quality of life within these communities.  Understanding your rights and responsibilities as a homeowner, alongside the governing laws, will guarantee a smooth and pleasant community experience. This guide will demystify Colorado HOA laws for you and set you on your path.    Read the article…………………………….

Homeowners Associations (HOAs) play a significant role in many Colorado neighborhoods. They help preserve property values, ensure a consistent community aesthetic, and provide shared amenities to residents. The heart of the HOA is its Board of Directors — a group of dedicated volunteers shaping the community for the betterment of homeowners. If you’re considering becoming an HOA Board member or are curious about their work, here’s a breakdown of their responsibilities, positions, and rules.   Read the article…………………………….