March 2011

As we announced in our blog posting earlier today, the Colorado Senate just passed House Bill 11-1124 (“HB 1124”) which will soon be sent to Governor Hickenlooper for consideration. Since we expect the Governor to sign the bill into law, there’s no time like the present to make sure your HOA’s Conflicts of Interest Policy complies with the requirements of the bill.Continue Reading Free Conflicts of Interest Policy Review!

A Florida homeowners association recently took action to shut down a lemonade stand run by children ages five through ten. I remember the misspent days of my youth, sitting on the corner on a sunny summer weekday, wondering why no one in my rural neighborhood stopped by to sample my watered-down Countrytime…

Of course, I had five neighbors within a mile, and they all worked on Tuesdays. It appears the children in Florida have a better business plan – they are selling lemonade in an actual neighborhood. Their association, however, has taken the perspective that such sales are an impermissible commercial activity, prohibited by the association’s governing documents.Continue Reading When Life Gives You Lemons…Talk to Your HOA Before Making a Lemonade Stand

The Colorado Senate just passed House Bill 11-1124 ("HB 1124") without amendments on a 23 to 11 vote.  As we more fully described in our March 22nd blog posting, the bill enumerates the provisions which must be present in the conflicts of interest policy that every homeowners’ association ("HOA") in Colorado is required to adopt.  In addition, HB 1124 requires that an…

The Chicago Tribune recently reported on a story where a woman suffering from panic attacks has brought a lawsuit against her condominium association for violation of federal law. While the story wasn’t clear on exactly what federal law she is claiming the association violated, there’s no doubt that the federal Fair Housing Act (“FHA”) is at issue.

Mary Jo Stevens requested, and was granted, an accommodation to keep her toy spaniel (named "Boo") which she describes as her “psychiatric service” animal to assist in the prevention of frequent panic attacks. The Association, which has a strict “no pet policy,” has permitted her to keep Boo with the following restrictions: (1) Boo is required to be kept in a pet carrier while in the lobby and laundry rooms; and (2) Ms. Stevens must use a service elevator and side doors as she comes and goes with Boo. Continue Reading Lawsuit Against Condo Highlights Complexity of FHA & Assistance Animals

During the 2010 legislative session, House Bill 10-1403 (“HB 1403”) was signed into law by Governor Ritter. The purpose of HB 1403 was to enable the Colorado Secretary of State (“SOS”) to reduce the costs of operations through phasing out postcard notifications and permitting corporations, including nonprofit corporations like homeowners’ associations (“HOAs”), to elect to file …

Whenever you bring two or more people together, there’s always the potential for conflict. Add to this equation a homeowners’ association (“HOA”), assessment delinquencies, foreclosures, financially strapped homeowners and a board facing tough economic decisions that could result in an assessment increase or even the dreaded special assessment. Obviously, under these conditions the potential for destructive conflict escalates through the roof. 

If these challenges existed in your HOA, how would the board and homeowners handle it? Would your association come together as a community or turn into a combat zone? It’s up to everyone in the community to decide.Continue Reading Is Your HOA a Community or Combat Zone?

The Senate Committee on Local Government (“Committee”) today considered House Bill 11-1124 (“HB 1124”) which addresses conflicts of interest for individuals serving on the board of their homeowners’ association (“HOA”) and on special district boards. 

The bill was passed unanimously by the Committee with a favorable recommendation to the full Senate.  In addition, the Committee is recommending that the bill be placed on the Senate Consent Calendar. We expect the Senate will approve HB 1124 which currently contains the following provisions:Continue Reading Conflict of Interest Bill Clears Senate Committee on Local Government

For the purpose of obtaining FHA approval of a condominium project, the U.S. Department of Housing and Urban Development ("HUD") has just announced a waiver on some leasing restrictions in condominium projects.  This waiver will be in effect for a period of one year. 

As you know, when a condominium project applies to HUD for approval for FHA-backed loans, one of the requirements is that at least 50% of the units must be owner-occupied. That means an association must be able to control the rental of units in the project. An obvious way that associations handle this is through rental restrictions contained in the governing documents of the association. Continue Reading HUD Relaxes Leasing Restrictions for FHA Approval of Condominium Projects

As noted in our March 1st blog posting, Representative Libby Szabo introduced House Bill 11-1116 (“HB 1116”) in the Colorado House which would regulate the ability of local governments to require citizens to pay for and utilize residential waste services provided for by the municipality in which they live.

Yesterday an amended version of HB 1116 was considered by the full House which provided that local governments (after the effective date of the new law) that plan to require citizens to pay for and utilize their residential waste services – must first provide the electorate with an opportunity to vote on whether the local government may take such action. Continue Reading HOA Inquiry Stalls Trash Bill on Floor of the Colorado House

Okay so I admit it – I happen to think garden gnomes are cute as a bug’s ear! Surely my neighbors in the culdesac feel the same way. Maybe if we band together we can create a colony of gnomes in the HOA with a leprechaun or two thrown in for good measure. How cool would that be?! 

If you live in an HOA and have the compulsion to start a garden gnome colony or plan to make improvements to your landscape, home, or lot – here are things you need to know before you get started:Continue Reading Garden Gnome Alert: It Feels Like Spring!