Colorado Homeowners Association Law Blog

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. No, not the validity of the developer unilaterally modifying the restrictive covenants after the sale of lots or tracts.  It was how the court concluded that sheep could be maintained on the property when under the original 1984 covenants they were specifically prohibited.

 

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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.

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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.com has been distributing flyers door-to-door throughout the metro area [ ].  This company uses this type of "marketing" to get people to visit their website and ultimately subscribe to a pay service which lists registered sex offenders in their neighborhood.  Their tactics scare quite a few people - most don't realize just how many registered sex offenders live in the city (approx. 1300).

If your offices receive calls on this flyer please inform your constituents that this is a marketing ploy by this particular company.  The information on Denver registered sex offenders is available for free on the Denvergov.org website.  . . .

In addition, the Denver Police Website has a link to CBI which provides state-wide sex offender information for free.  The CBI site also allows for a free notification service through e-mail.

We previously discussed sex offenders in this post.  Community associations encountering any issues related to sex offenders should consult with legal counsel.

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Sometimes we want to pass on information that has nothing to do with community associations in particular, but which might be of interest to our readership in general. This is one of those times. This article was published in Life at Ken-Caryl, a bi-weekly publication of our friends at the Ken-Caryl Ranch Master Association, and is re-printed with their permission. It is advice from the Jefferson County District Attorney on how to keep businesses and charities from selling your name, therefore minimizing the number of people who have access to your name and vital information. Please take a couple of moments to help protect yourself with these simple steps.

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Winzenburg, Leff, Purvis & Payne is proud to announce that partner Mark K. Payne will be co-chairing and speaking at CLE International’s Community Association Law Seminar at the Grand Hyatt in Denver on June 11, 2007.

Mark will provide an in-depth analysis of the Fair Housing Act and its application to community associations. In an environment where Fair Housing claims against associations are on the rise—and often with high stakes—it is critical for community association professionals and volunteers to understand how this Act applies to their communities and how they can comply.

This comprehensive, one-day program boasts some of Denver’s top attorneys and experts in the industry and addresses topics that reflect the gamut of issues facing community associations everyday. From a discussion of CCIOA’s application to pre- and post-CCIOA associations to a litigation panel designed to improve your association’s ability to manage litigation, this Seminar has something for everyone.

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Below is a trial story from Larry Leff, senior partner here at WLPP:

Not Your Ordinary Collection Case

In the not too distant past our firm took on a collection case for one of our associations that took an interesting twist. We filed a lawsuit in our county court, jurisdiction under $15,000.00, against a homeowner for the non-payment of assessments. The debtor homeowner filed a counterclaim against the Association, asserting claims that the association breached its contract with him – failing to maintain the property – and   that it breached its fiduciary duty to him, among other claims. He also requested exemplary damages. During the course of litigation, the homeowner brought his account current, minus the attorney fees and costs. At trial, the Association was granted an award for its attorney fees and costs, and the court dismissed all the homeowner’s counterclaims.

The homeowner refused to satisfy the judgment, so garnishment proceedings were initiated.   The garnishment was successful and the Association collected the full amount.

Subsequent to the satisfaction, the homeowner decided he wanted to do landscaping work to enhance his property. He put up a retaining wall of concrete, railroad ties, gravel and

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The first day of Spring and the recent sunshine and warm temperatures may have prompted you to start thinking about your Association’s Summer event calendar. If your Association’s list of events includes outdoor movie nights, concerts, or other performances, the Association may need to pay licensing fees. United States copyright laws protect composers, lyricists, music publishers, and movie producers and distributors, among others. Community associations that play music in recreational facilities, at festivals or at other events likely need to obtain the appropriate licenses to use the music. With few exceptions, showing movies also requires licensing. 

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County Court, where most collection cases are heard, tends to judge a case more by equity rather than the letter of the law. Each County Court Judge or Magistrate has their own interpretation of what is fair and reasonable. Thus, we must proceed with caution when going to trial, even if we know the law is on our side. Our first trial story took place last summer and illustrates this point.

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The Community Associations Institute (CAI) held its annual Law Seminar this year from February 22-24 in New Orleans.  All the attorneys from our office were able to attend and discuss current trends in HOA law with colleagues from around the country.  Topics this year included "Cyber Issues and Electronic Voting", "7 Deadly Fair Housing Sins of Community Associations", and "The Latest Trends in Rental Restrictions".  Much was learned and a good time was had by all.

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This past Sunday's edition of the Denver Post featured an article on the delay homeowners associations are experiencing with the removal of holiday lights and decorations by owners.  The article states that due to the unusually harsh winter, associations are relaxing their normal enforcement of restrictive covenants that require decorations to be removed within 30 days of a holiday.  Mark Payne is quoted as saying that given the circumstances it is OK for an association to grant a reprieve in taking down holiday lights.  To view this article in its entirety, click here.

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