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.

Continue Reading Posted In Money Matters
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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.

Continue Reading Posted In Money Matters
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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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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 changed when the rules are finalized.

Keep your eye out on this blog for 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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Whose Land is it Anyway? And Why do we Care?

We frequently hear people say that common areas are owned by their association. And, while that is true in many cases, it is not true when referring to condominiums. In fact, the single fact distinguishing condominiums from any other type of common interest community is how the property making up the project, other than the individual units, is owned. Continue Reading Posted In Governance
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This Lawyer is Not a Plumber: Are you hiring the right professionals to serve your association?

I’m the granddaughter of Midwestern dairy farmers who grew up during the Great Depression, and my parents own a small town HVAC/plumbing business. As a child, I often heard some version of the following: “I can make that.” “We don’t need to hire someone. I can fix it.” “Why would we pay someone for that work? I can do it myself.” With this do-it-yourself attitude ingrained in my psyche, I can’t help but feel guilty when I need to call a plumber to unclog a drain or when I hire someone to clean my house. The frugality—and wherewithal—that my parents and grandparents modeled for me certainly left an impression. Yet I’ve also come to realize that my life sometimes requires different choices.

Yes, I can play plumber and unclog a sink drain. I’ve done it: I’ve gathered the equipment, removed U-traps, brushed pipes clean, disposed of clogged pipe nastiness, and put everything back together. Sometimes I’ve succeeded. But on other occasions I’ve removed the drain stopper and struggled to get it reconnected, or, as one of my college roommates will recount, my work has resulted in leaks where I could not get the old mismatched pipes to fit securely. Yes, I’ve played plumber and channeled my inner DIY-er, but I’m not a plumber. I would not offer to fix someone else’s drain, and I most definitely would not venture into my HOA’s clubhouse armed with a plunger and pipe putty.

Continue Reading Posted In Governance , Money Matters
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