2006

Most covenant-controlled communities have at least one owner that does not play by the rules. The mere mention of covenants may conjure an image of that purple house, untended lawn, or RV owner in your own neighborhood – that house that becomes a sort of sideshow within the community due to the on-going battle between the association and the owner. On the rare occasion, failure to abide by the covenants results in a dream deferred.
Continue Reading When Covenants Collide with the American Dream

1. Review your association’s position on rights and responsibilities. When associations, owners, and residents recognize and take ownership of their respective rights and responsibilities that flow from living within one community, all parties tend to benefit. The Community Association Institute (CAI) provides information on rights and responsibilities and even provides recommendations for implementation. 2.

As you undoubtedly know by now, the first significant time sensitive obligation imposed by S.B. 100 has now passed. (You can review a copy of S.B. 100 by clicking on S.B. 100 under the “Other Resources and Lawyer Blogs” in the left margin of this page.) By January 1, 2006, virtually every common interest community was to have adopted seven mandatory responsible governance policies dealing with how it goes about adopting and amending policies, handling collections, dealing with board member conflicts of interest, conducting meetings, providing for members to inspect and copy association records, enforcing covenants and rules and imposing fines, and investing association reserve funds. If your association has not yet adopted these policies, it should do so right away. While there is no explicit remedy or penalty for an association’s failure to adopt these policies, to carry out its fiduciary responsibilities, your board must adopt these policies to comply with Colorado law and avoid any liability to your members for failure to do so.
Continue Reading S.B. 100 – Is It Over Yet?