They Aren't As Bad as You Might Be Lead to Believe

We all know that everybody hates their homeowners association - or do we? Many people might be surprised, particularly those who do hate their associations and think that everybody thinks the way they do, and maybe our state legislators, who tend to hear the complaints but not the good stories. Whatever the case may be, apparently not everybody hates their homeowners associations - far from it. A recent survey conducted by Public Opinion Strategies finds that 90% of people rate their overall community association experience as positive; 90% of people say the association's board members "absolutely" or "for the most part" serve the best interests of the community; 92% say they are on friendly terms with their association boards; 83% say their community managers provide value and support to residents and their associations; 88% of residents who had direct contact with their community manager say it was a positive experience. Here is a copy of the survey results.

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Community Association Managers - Topics to Study for Colorado Law Test

Community Association managers in Colorado know that licensure is just around the corner.  Beginning on July 1, 2015, every community association manager in Colorado must be licensed by the Colorado Division of Real Estate.  Part of the licensure requirement is that managers must pass an examination that tests their basic understanding of applicable provisions of Colorado law.  However, what topics could actually be on the Colorado law examination have remained a mystery - until now.

The Colorado Division of Real Estate has posted the areas of Colorado law, and some federal law, that managers should study to prepare for the exam.  Here is the list of topics published by the Division.  However, don't let this list freak you out!  Winzenburg, Leff, Purvis & Payne is presenting free teleconferences for managers held during lunch for the purpose of helping you prepare for this exam. 

If you aren't already participating in these classes and would like to sign up, please email Allison Grout to register for the classes at agrout@wlpplaw.com.  Our next class will be held October 8th from noon to 1:00 pm on covenant enforcement.  Don't miss out on these great opportunities to prepare for the exam a little bit at a time!

Posted In Community Association News
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Mayor Murphy Puts Lipstick on a Pig

Those of you who follow our blog know that during the 2014 Colorado legislative session, Senate Bill 220 was introduced with the intent to spur condominium construction in Colorado – an honorable goal. However, instead of providing incentives for developers to build quality construction, SB 220 was drafted to destroy the rights of homeowners living in condominium associations to hold builders responsible for their defective construction.

SB 220 was the brainchild of the Homeowner Opportunity Alliance which called itself the HOA Alliance. This “HOA Alliance” tirelessly lobbied legislators to eviscerate the ability of HOAs to assist homeowners who live in them to hold builders responsible for their shoddy construction. The Homeowner Opportunity Alliance was incorporated by Mayor Murphy himself.

Continue Reading Posted In From Capitol Hill/Legislation
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Money in your Pocket: Monitoring Foreclosure Sales

 In an improving economy, the important of monitoring a public trustee foreclosure sales has additional benefits above and beyond making a claim for payment of the association’s super priority lien. As most of you are aware, following the filing of a public trustee foreclosure, CCIOA provides for recovery of up to six months of delinquent assessment fees. For years, the importance of monitoring a public trustee oftentimes had little significance above and beyond making a claim for the super lien and determining the new owner following the sale of the property.

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Information for Managers on Obtaining the CMCA Credential

On behalf of the Aspen Pitkin County Housing Authority (APCHA), I was privileged on Tuesday to present my annual legislative update on HOA issues.  During the course of my presentation, we talked at length about the requirement that community association managers must by licensed by the Colorado Division of Real Estate by July 1, 2015. 

In order to take an important first step toward licensure, I recommended that community association managers think about obtaining the Certified Manager of Community Associations ("CMCA") credential offered by the Community Association Managers International Certification Board ("CAMICB) - formally known as NBC-CAM.  Here is a link to the CAMICB website that tells you everything you need to know about obtaining the CMCA credential. 

I have also communicated with CAMICB about offering CAI's M-100 course and the CMCA examination in the Aspen area.  Stay tuned to this blog for more information on when and where this class will be offered.  You can also check the Rocky Mountain Chapter of CAI's website for updated information as it becomes available. 

Thanks to all of my mountain friends who attended this annual event.  The amazing turnout and your continued quest to stay updated on the latest laws impacting HOAs is truly humbling and exciting! 

Posted In From Capitol Hill/Legislation
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Property Insurance - Isn't it All the Same?

We get questions about property insurance for community associations all the time - What insurance is the association supposed to carry? What insurance are the owners required to carry? Who pays the deductible under the association's policy? Are there special coverages that the association should carry, even though it is not required to? These, and a whole host of other insurance questions are the topics of whole books on the issue. We don't pretend to be experts in insurance - there are insurance professionals (and even some attorneys) who are. But it is probably useful to provide some basic understanding of association insurance coverage. This topic will warrant additional discussion in future blog posts. But for now, here's some basic information.

As with so many other issues that an association has to deal with, when you need to know what insurance your association must carry, you should review your governing documents. Most of the time the declaration will set out in some detail what the requirements are. However, sometimes we see declarations that simply say that an association will carry the insurance required by CCIOA.

Continue Reading Posted In Governance
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Broncos Nation is not an actual nation

Football season starts this Friday with College kicking-off (Rams @ Buffs, Friday, August 29, 7:00 PM on FS1, Air Force Falcons vs. Nicholls Colonels Saturday, August 30, 12:00 PM on ESP3), and the AFC Champions, the Denver Broncos, start the regular season the following weekend (vs. Cowboys, Sunday, September 7, 6:30 PM).  
 

A few last pre-season reminders:

  • Orange and Blue may be the greatest combination of colors, but check with your Association before repainting your home.
  • Broncos Mini Yard Flags must not be placed on the common elements without the permission of the Association.
  • The Officially Licensed Broncos Nation Flag is not actually an American national flag, and thus not a protected patriotic expression under Colorado Law.
  • Same goes with the camouflaged Broncos Flag.
  • Before buying your very own Broncos Bus, check whether it is a prohibited vehicle under the declaration.
  • Enforcement of covenant violations for displays of team colors must be impartial and uniform. That is unless your community’s declaration defines the Seattle Seahawks as a nuisance. 
     

Posted In Covenant Enforcement
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Legislative Update in Aspen - September 10th!

Please join me for a free Legislative Update on HOA legislation which was signed into law during the 2014 legislative session in Colorado.  I will also provide on update on the latest information you need to know about the licensure of community association managers and what we might expect during the 2015 legislative session.  This Legislative Update, hosted by the Aspen Pitkin County Housing Authority, will be held on September 10th from 11:30 am to 1:00 pm in the City Council Chambers located at 130 South Galena Street in Aspen.  

Mark your calendars now and stay tuned for information on how to register for this event!

Posted In From Capitol Hill/Legislation
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Service of Process - What is it?

For a court to have authority to make legal decisions and enter a judgment against someone, the court must have both personal and subject matter jurisdiction over that person.  Subject matter jurisdiction involves the court’s ability or power to hear certain types of cases, whereas personal jurisdiction is the court’s power over a particular party.  The court obtains personal jurisdiction over a defendant when the plaintiff obtains proper service of process of the summons and other related documents, including the complaint.  Service of process is the way by which a party receives notice of the initiation of the litigation and is thereby afforded an opportunity to respond.

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Colorado Division of Real Estate Publishes Manager Licensure FAQs

The Colorado Division of Real Estate has just published FAQs to address questions relating to manager licensure.  The FAQs provide excellent information pertaining to who needs to be licensed, the timeline for the licensure process, steps managers must take to apply for licensure, the credential and testing requirements relating to licensure and other important information. 

When reviewing the FAQs, it is important to remember that the rulemaking process has not yet been completed and the proposed rules referenced in the FAQs are just that - proposed rules and not yet final.  In fact, since the effective date of the manager licensure law is not until January 1, 2015, the Division is not permitted to engage in formal rulemaking until the first of the year.  While the guidance in the FAQs is primarily based upon the law mandating manager licensure, the timeline established by the Division and associated procedures - when you see references to proposed rules, please understand that the information relating to the proposed rules may change when the rules are finalized.

Keep your eye out on this blog for the latest news after the first of the year on the formal rulemaking process and whether legislation is ultimately introduced to clean-up provisions of the manager licensure law. 

Posted In From Capitol Hill/Legislation
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