Real Estate & Property Law

Harmony in HOAs - It's a Two-Way Street

Posted on April 01, 2011
The Aurora Sentinel published a story yesterday entitled Know where to turn when you have HOA nightmares. The story chronicles the troubles of a handful of residents of an HOA in Aurora. The complaints range from allegations of unfair late fees to retaliatory board members to inconsistent enforcement of covenants...

Free Conflicts of Interest Policy Review!

Posted on March 29, 2011
As we announced in our blog posting earlier today, the Colorado Senate just passed House Bill 11-1124 ('HB 1124') which will soon be sent to Governor Hickenlooper for consideration. Since we expect the Governor to sign the bill into law, there's no time like the present to make sure your HOA's Conflicts of Interest Policy complies with the requirements of the bill...

When Life Gives You Lemons...Talk to Your HOA Before Making a Lemonade Stand

Posted on March 29, 2011
A Florida homeowners association recently took action to shut down a lemonade stand run by children ages five through ten. I remember the misspent days of my youth, sitting on the corner on a sunny summer weekday, wondering why no one in my rural neighborhood stopped by to sample my watered-down Countrytime… Of course, I had five neighbors within a mile, and they all worked on Tuesdays...

Conflicts of Interest Bill Just Passed Colorado Senate

Posted on March 29, 2011
The Colorado Senate just passed House Bill 11-1124 ("HB 1124") without amendments on a 23 to 11 vote.  As we more fully described in our March 22nd blog posting, the bill enumerates the provisions which must be present in the conflicts of interest policy that every homeowners' association ("HOA") in Colorado is required to adopt...

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Lawsuit Against Condo Highlights Complexity of FHA & Assistance Animals

Posted on March 28, 2011
The Chicago Tribune recently reported on a story where a woman suffering from panic attacks has brought a lawsuit against her condominium association for violation of federal law. While the story wasn't clear on exactly what federal law she is claiming the association violated, there's no doubt that the federal Fair Housing Act ('FHA') is at issue...

Secretary of State Eliminating Postcard Notifications - Start Planning Now!

Posted on March 24, 2011
During the 2010 legislative session, House Bill 10-1403 ('HB 1403') was signed into law by Governor Ritter. The purpose of HB 1403 was to enable the Colorado Secretary of State ('SOS') to reduce the costs of operations through phasing out postcard notifications and permitting corporations, including nonprofit corporations like homeowners' associations ('HOAs'), to elect to file a periodic report every other year as opposed to an annual report...

Is Your HOA a Community or Combat Zone?

Posted on March 23, 2011
Whenever you bring two or more people together, there's always the potential for conflict. Add to this equation a homeowners' association ('HOA'), assessment delinquencies, foreclosures, financially strapped homeowners and a board facing tough economic decisions that could result in an assessment increase or even the dreaded special assessment...

Conflict of Interest Bill Clears Senate Committee on Local Government

Posted on March 22, 2011
The Senate Committee on Local Government ('Committee') today considered House Bill 11-1124 ('HB 1124') which addresses conflicts of interest for individuals serving on the board of their homeowners' association ('HOA') and on special district boards.  The bill was passed unanimously by the Committee with a favorable recommendation to the full Senate...

HUD Relaxes Leasing Restrictions for FHA Approval of Condominium Projects

Posted on March 21, 2011
For the purpose of obtaining FHA approval of a condominium project, the U.S. Department of Housing and Urban Development ("HUD") has just announced a waiver on some leasing restrictions in condominium projects.  This waiver will be in effect for a period of one year...

HOA Inquiry Stalls Trash Bill on Floor of the Colorado House

Posted on March 18, 2011
As noted in our March 1st blog posting, Representative Libby Szabo introduced House Bill 11-1116 ('HB 1116') in the Colorado House which would regulate the ability of local governments to require citizens to pay for and utilize residential waste services provided for by the municipality in which they live...

Garden Gnome Alert: It Feels Like Spring!

Posted on March 17, 2011
Okay so I admit it – I happen to think garden gnomes are cute as a bug's ear! Surely my neighbors in the culdesac feel the same way. Maybe if we band together we can create a colony of gnomes in the HOA with a leprechaun or two thrown in for good measure...

Recovery of Treble Damages for "Bad Checks"

Posted on March 15, 2011
Bad checks, also known as bounced checks, non sufficient funds, insufficient checks, and dishonored checks, can be a big problem for an Association.  In Colorado, the law allows the recovery of damages for those who receive checks that are subsequently returned for non sufficient funds...

Service Animals, Assistance Animals, the ADA and FHA - What does it all mean for HOAs?

Posted on March 14, 2011
Americans with Disabilities Act and Service Animals   Tomorrow changes to the Americans with Disabilities Act ('ADA') will go into effect. One of the most widely publicized of these changes relates to 'service animals.'   In a Fact Sheet published by the U...

Hats Off To the Golden Triangle Association!

Posted on March 11, 2011
Founded in 1993, the Golden Triangle Association ('GTA') in Denver is all about neighborhood activism and building community. Members of the GTA include individuals, households, HOAs, businesses and organizations committed to promoting shared values in the Golden Triangle...

High Drama in Nevada Over HOA Omnibus Bill

Posted on March 10, 2011
Okay – so it has really felt like the 2011 legislative session in Colorado for HOAs has been pretty darn busy. We have battled over the assignment of junior lien rights, engaged in lengthy and sometimes intense negotiations on the superlien, reworked legislation affecting the governance of associations and the session is only half over...

Position Statement on HOA Registration for Pre-CCIOA Communities Published

Posted on March 08, 2011
The Colorado Division of Real Estate ('Division') has published a Position Statement on whether common interest communities formed before July 1, 1992 (commonly known as 'pre-CCIOA communities') are required to comply with the new HOA Registration requirements...

Federal Probe Into HOA Fraud Scheme in Nevada - Who would have thunk it?!

Posted on March 07, 2011
For a moment I thought I was reading an excerpt from a Sidney Sheldon thriller – instead of an article in the Las Vegas Review Journal ('Journal') reporting on an alleged fraud scheme centered on HOAs.  The Journal was reporting on a federal investigation relating to an alleged 'scheme to rig homeowner association board elections to position conspirators, including former police officers, who would push the boards to file construction defect lawsuits against builders...

Homeowner Associations - The Legislative Gift That Keeps on Giving

Posted on March 02, 2011
As we approach the midpoint in the 2011 Colorado legislative session, it's worth taking a moment to reflect on how homeowner associations ('HOAs') are present in the mind of many legislators in the Colorado General Assembly and trends we are seeing legislatively...

To Haul or Not to Haul - That is the Question

Posted on March 01, 2011
Representative Libby Szabo has introduced House Bill 11-1116 ('HB 1116') in the Colorado House of Representatives, which would regulate the ability of local governments to require residents to pay for and utilize residential waste services provided for by these municipalities...

Come Join Us for HOA Law Basics on March 3, 2011!

Posted on February 28, 2011
HOA Law Basics Build Your Community Association Governance Toolkit Live Program and Live Webcast: Thursday March 3, 2011 Live program will be held at the CBA-CLE Classroom, 1900 Grant Street, Suite 300, Denver, CO   Video Replays: March 24, 2011 Denver, Colorado Springs, and Grand Junction   This foundational program will give you the basics of representing community associations and homeowners, including these presentations by Colorado lawyers who have focused their practices on community association issues:   Overview of Common Interest Communities: Background, Relevant Statutes, Documents and Governance Collection Actions Reserve Funding and Reserve Study Investments Transparency and Governance Covenant Enforcement Conflicts of Interest For course details or to register online, go to: http://www...

HOA Registration - Today is the Deadline to Register Without Penalty!

Posted on February 28, 2011
As we have been reminding you for several months now, the deadline for homeowner associations ('HOAs') to register with the Colorado Division of Real Estate ('Division') without incurring penalties is today! As reported in our December 17th blog posting, the Division granted a grace period through February 28, 2011 for HOAs to register...

HOA Conflict of Interest Bill (HB 1124) Clears the Colorado House of Representative

Posted on February 25, 2011
The Colorado House of Representatives has passed House Bill 11-1124 ('HB 1124') on third reading, which means the bill has cleared the full House and will now be referred to the Senate for action.  The Senate sponsor of HB 1124 is Senator Morgan Carroll...

HOA Conflict of Interest Bill (HB 1124) Clears the Colorado House of Representatives

Posted on February 25, 2011
The Colorado House of Representatives has passed House Bill 11-1124 ('HB 1124') on third reading, which means the bill has cleared the full House and will now be referred to the Senate for action.  The Senate sponsor of HB 1124 is Senator Morgan Carroll...

Colorado Bankers Association Derails Superlien Bill at the 11th Hour

Posted on February 24, 2011
At the request of Representative Deb Gardner, the sponsor of House Bill 11-1197 ('HB 1197'), the bill was postponed indefinitely today by the House Economic and Business Development Committee. What does that mean? It means that HB 1197 is dead for this legislative session...

Important Update from CAI's Colorado Legislative Action Committee On the Superlien Bill (HB 1197)

Posted on February 23, 2011
CAI's Colorado Legislative Action Committee ('CLAC') and members of CAI's Attorney Committee have been working diligently on a rewrite of House Bill 11-1197 ('HB 1197'). As originally introduced, HB 1197 would have had a detrimental affect on the superlien which homeowner associations rely upon under the Colorado Common Interest Ownership Act ('CCIOA')...

HOAs Going to the Dogs

Posted on February 22, 2011
Members of the Hillbrook-Tall Oaks Civic Association in Annandale, Maryland, recently elected a dog as President of their association. When asked to vote for the office, residents unanimously elected Ms. Beatha Lee on her strong platform emphasizing her outdoor interests and neighborhood activities...

Overhauled Version of HB 1124 Passes Out of Committee

Posted on February 21, 2011
The House Local Government Committee has just passed an overhauled version of House Bill 11-1124 ('HB 1124') out of Committee on a 10-1 vote with a favorable recommendation to the full House of Representatives. The version passed by the Committee, known as a strike-below, does not include any of the onerous provisions contained in the original version of HB 1124 as described in our January 22nd blog posting...

House Bills 1110 and 1124 Being Heard in Committee on Monday

Posted on February 18, 2011
HB 1110 On February 9th, House Bill 11-1110 ('HB 1110') was passed by the Colorado House of Representatives and was referred to the Senate where it has been assigned to the Senate Committee on Business, Technology and Labor. HB 1110 is currently scheduled to be heard by the Senate Committee on Monday...

Thanks from CAI's Colorado Legislative Action Committee - Your Grassroots Efforts Were Successful on SB 122!

Posted on February 17, 2011
CAI's Colorado Legislative Action Committee ('CLAC') would like to thank all of you who participated in our Calls to Action on Senate Bill 11-122 ('SB 122'). As a result of your participation in the legislative process, SB 122 was defeated yesterday in the Senate Judiciary Committee...

Update on House Bill 11-1197: Prepared by CAI's Colorado Legislative Action Committee

Posted on February 16, 2011
As you are probably aware, on February 2, 2011, House Bill 11-1197 ('HB 1197') was introduced by Representative Deb Gardner in the Colorado House of Representatives. HB 1197 addresses the superlien provision of the Colorado Common Interest Ownership Act ('CCIOA')...

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