Real Estate & Property Law

When Can a Homeowner Be Joined as an Indispensable Party

Posted on October 22, 2009
In a recently reported appellate court case, Clubhouse at Fairway Pines v. Fairway Pines Estates Owners, 214 P.3d 451 (Colo. App. 2008) the appellate court based on prior court holdings stated that joinder of an indispensable party can be raised for the first time on appeal...

Duties of Volunteer Directors - What Do They Want From Us?

Posted on October 05, 2009
But we are all just volunteers! We all have regular jobs to do too! They can't expect us to do everything! We are surprised by the number of times that we've heard these statements from board members when they are being challenged for actions they've taken, or decisions they've made...

The Importance of Recorded Covenants

Posted on September 08, 2009
The Colorado Court of Appeals in the recent court decision of Abril Meadows Homeowner's Association v. Castro, 211 P.3d 64 (Colo. App. 2009) ruled that an association whose declaration of covenants was unsigned, could not enforce it's covenants against it's homeowners...

The Importance of Signed and Recorded Covenants

Posted on September 08, 2009
The Colorado Court of Appeals, in the recent court decision of Abril Meadows Homeowner's Association v. Castro, 211 P.3d 64 (Colo. App. 2009), ruled that an association whose declaration of covenants was unsigned did not have the right to enforce its covenants against its homeowners...

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Receiverships: An Effective Collection Option

Posted on August 31, 2009
Sometimes, when circumstances prevent collecting delinquent assessments from owners by more traditional methods, a receivership may assist the association in getting paid. Further, even if other collection options are available, a receivership may help you receive your assessments more quickly...

Rain, Rain, Go Away -- All this damage ... who will pay?

Posted on August 21, 2009
With record rainfalls this season, Colorado community associations and managers have stayed busy responding to reports of water intrusion and hail damage. After the immediate excitement subsides, our phones start ringing. Managers and board members typically ask us some variation of the following questions about insurance: Is the association or the owner responsible for insurance coverage? This question often arises in the context of condominium and townhome communities, and the answer depends on what the governing documents and controlling statutory provisions say...

H.B. 09-1359

Posted on July 08, 2009
www.leg.state.co.us/CLICS/CLICS2009A/csl.nsf/fsbillcont3/1DEAE5DE9E916DEA872575780053C8A4

New Laws Affect Association Governance

Posted on June 15, 2009
The 2009 legislative session began with relatively few bills affecting Colorado common interest communities. But the last few weeks of the session more than made up for the slow start. New laws concerning community association governance do the following: (i) mandate that association boards have access to extensive, specific information to assist with their decision-making, (ii) establish qualifications for individuals serving as committee chairs, and (iii) require policies concerning reserve programs...

UCIOA 2008 and UCIOBORA

Posted on May 20, 2009
For those of you who have an interest in the evolution and development of the Uniform Common Interest Ownership Act, the American Bar Association House of Delegates recently adopted the 2008 Uniform Common Interest Ownership Act as proposed by the Uniform Law Commission...

Posted on May 05, 2009
Collecting a judgment: Persistence pays off The association's attorney has worked diligently to obtain a judgment against a delinquent homeowner. What can be done to ensure that the association gets paid? Is all hope lost if the judgment is initially not collectible?   The inability to immediately collect on personal judgments against delinquent homeowners is a major setback for associations and becoming more common in light of the current state of the economy, with unemployment rates at unprecedented levels and fewer homeowners having extra cash sitting in their bank and brokerage accounts...

Collecting a judgment: Persistence pays off

Posted on May 05, 2009
The association's attorney has worked diligently to obtain a judgment against a delinquent homeowner. What can be done to ensure that the association gets paid? Is all hope lost if the judgment is initially not collectible? The inability to immediately collect on personal judgments against delinquent homeowners is a major setback for associations and becoming more common in light of the current state of the economy, with unemployment rates at unprecedented levels and fewer homeowners having extra cash sitting in their bank and brokerage accounts...

Carbon Monoxide Alarms and Colorado's New Law

Posted on April 06, 2009
Colorado's new law concerning carbon monoxide alarms was signed by Governor Ritter on March 24, 2009 and applies to sales, rentals and remodels of single family and multi-family residences on and after July 1, 2009. The definition of 'multi-family dwelling' in the new law specifically includes condominiums, and therefore, subject to certain limitations, would apply to units in condominium associations...

Fiscal Irresponsibility In Your Association? Embezzlement and What You Can Do to Help Prevent It

Posted on March 04, 2009

Towing of Illegally Parked Vehicles

Posted on January 19, 2009
The towing of illegally parked vehicles is a topic that is regularly brought to our attention. In most instances, the problem involves a commercial vehicle, motor home, trailer or truck that that is parked in violation of the Association’s covenants or rules...

Holiday Decorations And The Fair Housing Act

Posted on December 02, 2008
Once again the holiday season is upon us, and that means that many homeowners associations will be hosting parties and putting up lights and other decorations on the common areas. While there is nothing wrong with fully celebrating the holiday season, associations should take care to ensure that decorations and holiday displays do not give the impression that the community favors one particular religion over another...

Pool Safety in the Fall

Posted on November 10, 2008
Why are we writing about swimming pool safety in the fall? One reason only – the Virginia Graeme Baker Pool and Spa Safety Act. Effective December 19, 2008 this federal law requires that homeowners associations with community pools take certain actions intended to reduce the risk of injury caused by the pool’s drainage and suction systems...

Should Your Covenants Be Amended?

Posted on October 24, 2008
Times change, people change, laws changes, can your covenants change too? The simple answer to this question is yes, they can. Two of the most frequent questions we get is how is this done and when should we consider it? Below are our answers to these questions...

Owner Responsibility During Foreclosure Proceedings

Posted on October 09, 2008
This is the second part of a three part series discussing when an owner’s liability for assessments terminates when going through a divorce, foreclosure and/or bankruptcy proceeding. The first part of the series dealt with divorce proceedings...

Conflict and Strife Between Associations and Their Members

Posted on September 26, 2008
I have now used up another 10 seconds of my allotted 15 minutes of fame. I had the opportunity this week to be interviewed by a local television reporter who was doing a story about a property owner and his dispute with his homeowners association. Unfortunately, it is difficult to give complete and in-depth coverage of an issue when there is a limited amount of time available, especially in light of other pressing news like our country’s current financial melt down...

Bankruptcies: Accounting Suggestions and the Importance of Maintaining Liens

Posted on September 11, 2008
You just received a notice from a homeowner that they have filed for bankruptcy. The matter is quickly turned over to the association’s attorney together with an updated account ledger to ensure that the requisite paperwork is timely filed to protect the association’s interest...

New Resource Concerning Alternative Energy Devices

Posted on August 01, 2008
The Governor’s Energy Office has launched an informational site about the recent Colorado legislation supporting homeowner installation of alternative energy devices. You can access the information here.

Who is Responsible for Assessments

Posted on July 30, 2008
We have received many questions regarding when a homeowner’s obligation to pay assessments terminates as a result of being in or having completed a divorce, bankruptcy or foreclosure proceeding. The quick answer is that an owner is responsible for all assessments for as long as he or she is an owner as evidenced by a recorded document, a deed...

Clearing the Air: Dealing with Second-hand Smoke

Posted on June 30, 2008
Open windows during the warmer months of the year allow you to experience the fresh, Colorado air.  But sometimes that air is not so fresh.  Second-hand tobacco smoke can make its way into your home, causing irritation and potential harm...

Community Association 101

Posted on June 10, 2008
Sometimes we get inquires from owners and managers unfamiliar with Colorado law addressing homeowners associations. This article is intended as an introduction to the field of community association law in Colorado. Feel free to contact one of our attorneys if you have any questions regarding the application of CCIOA to your community...

Hearing Due Process - Now What?

Posted on June 03, 2008
Our legislature continues to tinker with the responsible governance policies made mandatory several years ago. This year Governor Ritter signed H.B. 1135 which amends Section 209.5 of the Colorado Common Interest Ownership Act (CCIOA). Section 209.5 first became law in 2005 by what has commonly been referred to as S...

Greening Your Community Association

Posted on May 06, 2008
"Going green" seems all the rage these days. From the cover of Newsweek, to hybrid vehicles, to Al Gore and the bevy of eco-friendly products at the local retail store, the push for consumer products and practices that minimize the impact on Earth and its resources has found its place in mainstream America...

New Legislation Supports Homeowner Use of Alternative Energy Devices

Posted on April 27, 2008
Governor Ritter signed HB 1270 into law on Thursday, April 24, 2008.  This new legislation amends C.R.S. 38-30-168, which has prohibited certain restrictions on solar energy devices since the late 1970s, and adds a new section to the Colorado Common Interest Ownership Act...

A Condominium Map for Directions? Who Needs One?

Posted on March 18, 2008
The male gender of our species is often accused of failing to stop and ask directions, sometimes creating a fair amount of discord, particularly when being directionally challenged. Likewise, we are accused of failing to consult a map, instead, simply relying on our instincts, which often as not, turn out to be wrong...

Update on Legislation Affecting Community Associations: Board Actions without Meeting

Posted on March 04, 2008
On March 3, 2008, the Colorado General Assembly sent this legislative session’s first piece of legislation impacting Colorado community associations to Governor Ritter for signing. Upon enactment, House Bill 08-1089 will amend the Colorado Revised Nonprofit Corporation Act to provide new default procedures for board actions taken without meetings...

Options in Covenant Enforcement

Posted on February 26, 2008
The young man living at 101 Crazy Daisy Avenue hasn’t mowed his lawn in over a month. The couple just down the street has two beagles that embark on a nightly duet with the moon. Another couple has been camping in their motor home for over a month…in their front yard...

Board Disputes: If You Won't Say It in Person, Don't Say It by E-mail

Posted on February 12, 2008
Technology expedites the work of community association board members, managers, and attorneys. Technology allows us to fully consider detailed documents before convening for in-person meetings and, in some circumstances, to request board decisions in lieu of meetings...

Community Association Legal Audit (Part 2 of 2)

Posted on January 14, 2008
Community association board members fill tough roles that require a great deal of attention to association business. We understand that, as board member volunteers, you need guidance from professionals to facilitate informed decision-making, allowing you to uphold your fiduciary duties to the association that you serve...

FCC Bans on Exclusivity Contracts

Posted on December 03, 2007
Exclusivity contracts are often used by providers of video programming distributors (think cable providers) to obtain the exclusive right of access or the exclusive right to provide video service in a community. On November 13, 2007, the FCC entered its order banning exclusivity contracts between cable operators (and other multi-channel video programming distributors) and multiple dwelling unit developments...

Fair Housing Revisited

Posted on November 28, 2007
We’ve written before about how the Fair Housing Act applies to common interest communities. Unfortunately, there are some (maybe many) homeowners associations and condominium associations that still don’t understand the importance of this federal law and its state counterpart, the Colorado Fair Housing Act, or if they understand, they don’t believe it applies to them...

Community Association Legal Audit (Part 1 of 2)

Posted on November 20, 2007
Community association board members fill tough roles that require a great deal of attention to association business. We understand that, as board member volunteers, you need guidance from professionals to facilitate informed decision-making, allowing you to uphold your fiduciary duties to the association that you serve...

What Would John Wayne Do

Posted on November 06, 2007
In reviewing the law regarding construction of restrictive covenants, I ran across a case I read a couple of years ago.  As I was leisurely re-reading this case I was struck by the appellate court’s interpretation of the covenants dealing with the heart of the lawsuit...

Notice of Special Meeting - What Goes Inside?

Posted on October 23, 2007
Sometimes unexpected things happen that require the special attention and input of the members of your Association. If a matter pops up that can’t wait until the next annual meeting, a special meeting is in order. When this happens, the question we often are asked by Boards and managers is: What type of notice must we give the members before a special meeting? Both the Colorado Common Interest Ownership Act (“CCIOA”) as well as the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) contain provisions with regard to notices of special meetings of members...

Maintaining the Enforceabiltiy of Fines in Your Commnity

Posted on October 19, 2007
The levying of fines against rule-breakers in the community is an effective tactic used by homeowner associations to curb misbehavior and to maintain a harmonious appearance within the community. In order to enforce and collect these fines, however, it is imperative that associations follow proper fining procedures as set out in the Colorado Common Interest Ownership Act (CCIOA), as well as any additional requirements that may be set forth in the Association's governing documents or policies...

Maintaining the Enforceability of Fines in Your Community

Posted on October 19, 2007
The levying of fines against rule-breakers in the community is an effective tactic used by homeowner associations to curb misbehavior and to maintain a harmonious appearance within the community. In order to enforce and collect these fines, however, it is imperative that associations follow proper fining procedures as set out in the Colorado Common Interest Ownership Act (CCIOA), as well as any additional requirements that may be set forth in the Association's governing documents or policies...

Colorado Foreclosure Law and Your Association's Superlien

Posted on October 05, 2007
As part of the changes to Colorado’s foreclosure law that become effective January 1, 2008, C.R.S. §38-38-103(1)(c) will read:If a recorded instrument does not specify the address of the party purporting to have an interest in the property under such recorded instrument, the party shall not be entitled to notice and any interest in the property under such instrument shall be extinguished upon the execution and delivery of a deed pursuant to section 38-38-501...

Seven Steps For Insurance Protection

Posted on August 31, 2007
A CHECKLIST FOR BOARDS TO FOLLOW1. Check your governing documents: what is required for the Association under your Declaration, Articles of Incorporation and Bylaws? A. Also, what optional coverage are you authorized (by the documents) to consider? B...

When is One Story One Story?

Posted on August 14, 2007
When the documents say how tall it is. And when it does not say how tall one story is, there is a very good chance that language in the governing document limiting a structure to one story will be unenforceable as a restrictive covenant.In a recent Colorado Court of Appeals decision, Allen v Reed, 155 P...

A Constitutional Right to Free Speech in Your Association? Not Yet

Posted on August 07, 2007
Those of us that work in the community association industry have been closely following the path of the New Jersey case of Committee for a Better Twin Rivers v. Twin Rivers Homeowners Association. On July 26, 2007, the New Jersey Supreme Court announced its decision, affirming the trial court and reversing the court of appeals, in determining that, under the New Jersey Constitution, the homeowners association’s rules restricting signage did not violate the right of free speech, that the constitutional right of free speech is not absolute, and citizens may waive or otherwise curtail their rights...

Five Delinquent Homeowners You Will Meet in Court (and One You Won't)

Posted on August 07, 2007
When homeowners become delinquent in their assessment payments, their accounts are usually turned over to the association’s law firm for collection. Generally, these delinquent owners fall into one of six categories. The “Judgment Proof” OwnerThis is an owner who is retired and/or on disability with no plans of ever working again...

Sex Offender Alert Scam

Posted on August 02, 2007
On August 1, 2007, the Denver Police Department notified Denver City Council members of a scam that has raised some concern among residents in the Denver metropolitan area.  If you recently received a flyer on your door about a sex offender relocating to your neighborhood, please continue reading the following announcement from the Denver Police Department: Neighborhoodredalert...

Checks Marked "PAID IN FULL" - A Trap?

Posted on July 31, 2007
QUESTION:   Our Association received a check marked “Paid in Full”.  But the check was for less than the full amount owed by that owner. What should we do with the check?ANSWER:   The act of cashing the check generally constitutes acceptance of the owner’s terms...

Fiduciary Duties of Board Members: An Overview

Posted on July 19, 2007
Board members and managers often ask us to explain the fiduciary duties of board members to the community associations that they serve. We have compiled some information to guide directors in their roles. As you read this information, you will discover that, at the most basic level of decision-making, directors must make reasonable decisions after considering the information available...

The Paperless Association - Myth or Reality?

Posted on December 31, 1969
The migration away from paper products is a hot trend these days. The benefits of such a move for a homeowners association are clear - not only does it save trees, it also saves money (less paper, postage, and storage costs). In short, being green saves green...