As Stephane Dupont previously blogged, effective January 1, 2014, Associations are required to have a new collection policy in place that complies with the HOA Debt Collection Bill (HB 1276). The new law requires collection policies to set forth certain procedures an Association must follow when collecting on a delinquent account.Continue Reading Posted In From Capitol Hill/Legislation , Governance , Money Matters
Association is all Tricks, no Treats
Yet another homeowners association has found itself in hot water for potential violations of federal fair housing laws. East of San Francisco, the Tennis Villas at Blackhawk association barred children from trick-or-treating at Halloween. While the community is gated and "upscale," an upscale community does not have the right to adopt policies that have a disparate impact on a group due to familial status.
Here, by adopting a policy that essentially only affects families with young children, the association is discriminating against those families. According to the article, the association even prohibits children from playing on common areas!
This is a bad policy decision that could have been avoided if the association had sought legal counsel before its adoption. While there are always two sides to a story, it sounds like the association needs to change its policies - yesterday!Posted In Community Association News
HOA Information Office Disseminates Information on Pests Capable of Killing Ash Trees
The HOA Information and Resource Center commonly shares information on federal and state laws regulating HOAs in Colorado. However, the Office just disseminated important information to registered HOAs relating to the recent discovery of the emerald ash borer insect in Colorado. Since ash trees are extremely common in Colorado, HOAs are encouraged to read this communication from the Colorado Department of Agriculture and to be on the look out for these insects which have the capability of devastating ash trees. Also, be sure to check out this additional resource for information on dealing with these pests.
A big thanks goes out to the HOA Information and Resource Center for getting out this important information!Posted In From Capitol Hill/Legislation
Homeowners often claim that they did not receive notice of their delinquency from the Association. Sometimes this assertion comes up after the Association files suit against the homeowner. Fortunately, the “Mailbox Rule” can allow the Association to overcome this allegation.Continue Reading Posted In Money Matters
Senator Morgan Carroll Elected As Senate President
Following the recall of Senator John Morse, Senate Democrats just elected Senator Morgan Carroll as the President of the Senate. For those of you who are political junkies, you know that Senator Carroll has been a pivotal player over the years on legislation pertaining to HOAs.
Just this past year, Senator Carroll sponsored in the Senate the HOA debt collection bill (HB 1276), the manager licensure bill (HB 1277) and the bill addressing xeriscaping in HOAs (SB 183). During negotiations on these bills, Senator Carroll was committed to reaching balanced and reasonable solutions that protected the interests of homeowners but did not inappropriately burden HOAs in Colorado.
Congratulations Senator Carroll on being elected President of the Senate!Posted In From Capitol Hill/Legislation
A recent Fox News article brought to light a danger many people had not considered when looking to install solar panels on their roofs - the weight and electricity of solar panels can put fire fighters in danger when they try to put out flames. While solar panels and alternative energy are encouraged in Colorado, and covenants that effectively prohibit or restrict installation of solar are void and unenforceable, associations can impose reasonable restrictions for safety and aesthetics.Continue Reading Posted In Community Association News
I’ve recently been following a blog that has been discussing how the paying members of a homeowners association can find out who is delinquent in paying their assessments. We’ve been asked many times over the years whether it is lawful, or wise, to publish the names of owners who are not current in the payment of their assessments. It is interesting, at least to me, the scope of opinions about this topic.
I take the position that any member in the association who is not paying his or her assessments is being subsidized by those who do pay. I believed that the member who is paying is entitled to know who they were subsidizing.Continue Reading Posted In Money Matters
Federal Aid Programs for Colorado Flood Disaster Recovery
There's no doubt about it that the flooding in Colorado has been absolutely devastating. In fact, insurance professionals are now classifying this natural disaster as a one thousand year flood event! If you are in the unfortunate position of having no insurance or inadequate insurance to cover your losses, check out this FEMA Fact Sheet on Federal Aid Programs for State of Colorado Disaster Recovery.Posted In From Capitol Hill/Legislation
Have you Revised your Collection Policy Yet?
I previously blogged about the necessity of updating association collection policies and procedures as a result of recent legislative changes effective on January 1, 2014.
In addition to preparing a revised collection policy, associations are also required to send new collection notices which provide specific information to delinquent owners. The notices must provide the owner(s) thirty days to cure the delinquency and provide additional information about the debt before an account can be turned over to an attorney for collections. An association will also be required to offer and approve a ‘one-time’ payment plan of not less than six months to delinquent homeowners.
To ensure that there is no disruption in the collections process, it is critical that associations obtain and approve the revised collection policies and notices NOW! Failure to have a revised collections policy in place prior to January 1, 2014 will unnecessarily delay the collections process by several weeks or more and jeopardize the association’s ability to collect delinquent assessment fees. Associations should also seriously consider immediately implementing the revised collection policy to ensure that any ‘kinks’ are worked out before January 1, 2014.
Posted In From Capitol Hill/Legislation , Governance , Money Matters
As we near the end of our examination on how to constructively manage conflict in HOAs, let us take a moment to review the first three tips we have covered:
These first three tips will be most effective if every individual engaged in the conflict is willing and committed to looking at their personal agenda, taking a moment to really listen to where the other person is coming from and to act like an adult in their interactions.
While utilizing these interpersonal skills should go a long way to resolving conflict, it may not be enough. As a result, the folks involved in the conflict should seriously consider the next tip:Continue Reading Posted In Governance