2008

Once again the holiday season is upon us, and that means that many homeowners associations will be hosting parties and putting up lights and other decorations on the common areas. While there is nothing wrong with fully celebrating the holiday season, associations should take care to ensure that decorations and holiday displays do not give the impression that the community favors one particular religion over another. This could subject the association to discrimination claims under the Fair Housing Act (FHA) and other federal and state fair housing laws.

Continue Reading Holiday Decorations And The Fair Housing Act

Why are we writing about swimming pool safety in the fall? One reason only – the Virginia Graeme Baker Pool and Spa Safety Act. Effective December 19, 2008 this federal law requires that homeowners associations with community pools take certain actions intended to reduce the risk of injury caused by the pool’s drainage and suction systems.Continue Reading Pool Safety in the Fall

Times change, people change, laws changes, can your covenants change too? The simple answer to this question is yes, they can. Two of the most frequent questions we get is how is this done and when should we consider it? Below are our answers to these questions.

 

When Should Your Covenants Be Amended?

 

At WLPP we don’t believe there is any hard and fast rule as to when your covenants should be amended. In general, we recommend that they be reviewed at least every ten years to make sure that they are up to date with current laws and practice. However, a sooner review may be warranted whenever there are significant changes to Colorado law addressing homeowners associations (for example, Senate Bill 05-100). There may be terms that are no longer applicable to your community, outdated restrictions, or terms that no longer comply with current law. 

 Continue Reading Should Your Covenants Be Amended?

This is the second part of a three part series discussing when an owner’s liability for assessments terminates when going through a divorce, foreclosure and/or bankruptcy proceeding. The first part of the series dealt with divorce proceedings. This part addresses public trustee foreclosure of a lender’s lien created by a recorded deed of trust (for purposes of this discussion, a deed of trust is the same as a mortgage).Continue Reading Owner Responsibility During Foreclosure Proceedings

I have now used up another 10 seconds of my allotted 15 minutes of fame. I had the opportunity this week to be interviewed by a local television reporter who was doing a story about a property owner and his dispute with his homeowners association. Unfortunately, it is difficult to give complete and in-depth coverage of an issue when there is a limited amount of time available, especially in light of other pressing news like our country’s current financial melt down. However, the topic raised by the reporter does warrant further, in-depth examination, at least by those involved with the operation and management of their community associations, as well as those governed by them.Continue Reading Conflict and Strife Between Associations and Their Members

You just received a notice from a homeowner that they have filed for bankruptcy. The matter is quickly turned over to the association’s attorney together with an updated account ledger to ensure that the requisite paperwork is timely filed to protect the association’s interest. How does a manager or board properly account for assessments and fees which come due after the filing of the bankruptcy? Unfortunately, this is an issue faced by managers and boards on a regular basis.  Continue Reading Bankruptcies: Accounting Suggestions and the Importance of Maintaining Liens

We have received many questions regarding when a homeowner’s obligation to pay assessments terminates as a result of being in or having completed a divorce, bankruptcy or foreclosure proceeding. The quick answer is that an owner is responsible for all assessments for as long as he or she is an owner as evidenced by a recorded document, a deed. For purposes of discussion it does not matter what type of deed is recorded to prove ownership or how the party came into ownership. Also, this article will only deal with collection cases, not lawsuits for foreclosure or receiverships. Continue Reading Who is Responsible for Assessments

Open windows during the warmer months of the year allow you to experience the fresh, Colorado air.  But sometimes that air is not so fresh.  Secondhand tobacco smoke can make its way into your home, causing irritation and potential harm.  Community associations may have a role, and an obligation, in minimizing the impact of second-hand tobacco smoke in your home.

The Colorado Clean Indoor Air Act took effect nearly two years ago, on July 1, 2006. The Clean Indoor Air Act applies to community associations and prohibits smoking in restrooms, hallways, lobbies and other common areas in any public or private buildings, including condominium buildings, and within a fifteen foot radius of building entryways.  The law does not prevent owners from smoking in their residences, and does not clearly restrict smoking on private patios or balconies, although some associations impose more stringent smoking restrictions through their recorded covenants or rules.  Colorado community associations, and individuals, in violation of the Clean Indoor Air Act may face fines.  The law establishes a fine schedule of $200 for the first violation, $300 for the second, and $500 for the third and subsequent violations.Continue Reading Clearing the Air: Dealing with Secondhand Smoke

Sometimes we get inquires from owners and managers unfamiliar with Colorado law addressing homeowners associations. This article is intended as an introduction to the field of community association law in Colorado. Feel free to contact one of our attorneys if you have any questions regarding the application of CCIOA to your community.    

Homeowners Associations in Colorado

Homeowners associations are entities organized to govern the operation of common interest communities in Colorado. They are generally created by the developer (also called the declarant) of a new community and organized before the first unit is conveyed to a purchaser. Most commonly they are organized as nonprofit corporations, although they may also be organized as for-profit corporations or LLCs.

The Colorado Common Interest Ownership Act (“CCIOA”), C.R.S. 38-33.3-101 et seq.,  was enacted in 1991 with the purpose of establishing a clear, comprehensive, and uniform framework for the creation and operation of common interest communities (including homeowners associations) in Colorado. A common interest community is defined in CCIOA as a community in which ownership of real property within the community obligates an owner to pay for the real estate taxes, insurance premiums, maintenance, or improvements of other real property (typically the common elements) within the community. Common interest communities are classified by CCIOA into three categories, (1) condominium communities, (2) cooperatives and (3) planned communities. Planned communities are typically single family home communities that
Continue Reading Community Association 101