July 2005

Let’s face it. Colorado has a drier climate than, say, Florida. We live in a semiarid state and throughout history it has seen its share of droughts. Legislators certainly had this in mind when they passed S.B. 100 which, in part, stifles the ability of associations to prohibit or limit Xeriscape.
Continue Reading Xeriscape: Rocks, Wood Chips, and Cacti? Absolutely Not.

Even though no major elections are scheduled for 2005, as early as mid-September, Coloradoans may see more evidence of ballot issues and party candidates than in recent years. Section 2 of Senate Bill 100 opens the door for homeowners living within community associations to display political signs on their property up to forty-five days before an election and seven days following the day of the election. This new addition to the statutory mandates for community associations allows an association to regulate the size and number of political signs that an owner displays only if a city, town, or county ordinance also regulates political signs on residential property. If an ordinance exists, the association may not create more restrictive policies for its owners concerning political signs. If no ordinance exists, an association can only limit the number of signs that an individual owner places on her property to one sign per office or ballot issue contested in the pending election. But, where no ordinance controls, an owner cannot place signs larger than three feet by four feet on his property. Many Colorado cities, towns, and counties either do not have political sign regulations or have broad regulations that place few restrictions on the number and size of political signs permitted.
Continue Reading Political Landscaping

In a recent decision, the Colorado Supreme Court has affirmed the authority of Associations to seek damages from subcontractors for defective construction. The HOA filed a lawsuit against the developer, the contractor and various subcontractors for defective construction of the project. The HOA settled with the developer and general contractor before trial. The trial court dismissed the negligence claim against the subcontractors before trial.
Continue Reading HOMEOWNER ASSOCIATIONS WIN STANDING AND RIGHT TO SUE SUBCONTRACTORS

Now that SB 100 has been law for a month, we, and you, are able to start comprehending its many changes to the way community associations have historically done business. For the full text of the law as approved by Governor Owens, click here. One of the most significant changes has to do with the collection of attorneys fees from members that violate the association’s governing documents.
Continue Reading SB 100 – Restrictions on Automatic Collection of Attorneys Fees