2005

As we approach the end of 2005, we reflect a little on this past year’s developments, not the least of which was passage of S.B 100. When the year started, and the bill was introduced, many in the common interest community industry assessed the bill and wondered why our legislators felt it was necessary. As it wended its way through both State houses, and ultimately to the Governor’s desk, it gained momentum, seemingly in stark opposition to what many outside of the State houses believed was necessary for mandatory governance of a common interest community. However, there seems to be significant concern with how community associations operate from those outside the industry to cause its passage. Here is an example of why.
Continue Reading Rules – Responsible Governance

If you follow the news reports, it can sometimes seem as if community members do not appreciate the work undertaken by volunteer board members and other active homeowners. A recent nationwide study conducted by Zogby International on behalf of the Community Association Institute dispels that myth, showing, among other things, that an overwhelming 71% of residents have positive opinions of their associations.
Continue Reading CAI Releases Results of Recent Community Association Study

We have discussed in previous postings that S.B. 100 (the “Act”) was signed by Governor Owens on June 6, 2005. Portions of the Act became effective immediately, while the balance of the Act becomes effective on January 1, 2006. For the most part, the Act modifies the provisions of the Colorado Common Interest Ownership Act (“CCIOA”). We continue to receive a number of questions about the applicability of the Act to pre-CCIOA associations (those formed before July 1, 1992), as well as associations that were exempt from the provisions of CCIOA, and specifically, whether the mandatory responsible governance policies required by the Act must be adopted by all associations.
Continue Reading S.B. 100 – What Associations Does It Apply To?

I previously made an entry on this site which contained stories about a homeowners association in Florida that prohibited the housing of hurricane Katrina victims within the community. The Community Assocition Institute (CAI) has since taken a strong position with regard to communities that are disallowing homeowners from opening their homes to evacuees of hurricane…

Recently, community associations received some bad press in the wake of hurricane Katrina. I found this article to be interesting.

The Association eventually bowed to the pressure as shown in this follow-up article.

Restrictive covenants stating that all lots shall be “single-family dwellings,” or other similar language, are fairly commonplace. We recommend seeking legal…

The number of methamphetamine laboratories found in Colorado communities continues to grow. The availability of low cost ingredients and a simple recipe for the drug has allowed unsophisticated drug “cookers” to open up shop in hotel rooms, vehicles and, more importantly, condominiums, townhouses and single family homes. Due to the flammable nature of the ingredients, meth labs often explode and cause tremendous fires. For those communities unlucky enough to have a meth lab, the fact that it did not explode into a fireball seems like little consolation. Often by the time law enforcement has enough evidence to raid the unit, the damage has been done.
Continue Reading Meth Labs

Be prepared. We’ve all heard that that is the Boy Scout’s motto. However, it should also be the motto of your community association. We are all witnessing the devastation of Hurricane Katrina on the southern states of our country. And, while hurricanes are not a threat to our fine state, we all know that we have our own types of severe weather.
Continue Reading Is Your Community Association Ready? Be Prepared – September is National Preparedness Month

We have received a number of questions about whether SB 100 limits an Association’s ability (acting through its board of directors) to make changes to its common elements – as an example, can the board change hardscape landscape improvements to irrigated sod? While SB 100 does a number of things, including imposing a number of additional requirements on the association’s board of directors, the simple answer is that it does not restrict the board’s authority to make this type of decision.
Continue Reading SB 100 – Limits on Board’s Authority to Modify Common Elements?

Some Colorado community associations have been burdened for many years by declarations that require unattainably high vote requirements for amendments. Some of these documents not only require a high percentage of votes from members, but may also require the assent of first mortgagees in order to effectuate any changes to the document. Any association that has attempted to garner consents from mortgagees knows that this feat is nearly impossible.
Continue Reading Declaration Amendment Simplified by SB 100