March 2011

Bad checks, also known as bounced checks, non sufficient funds, insufficient checks, and dishonored checks, can be a big problem for an Association.  In Colorado, the law allows the recovery of damages for those who receive checks that are subsequently returned for non sufficient funds. Under Colorado Revised Statute 13-21-109, the “maker” of a check (i.e., the person who wrote the check) can be liable to the “holder” (i.e., the Association) of the check if that check is not paid upon its presentment to the bank or other depository.Continue Reading Recovery of Treble Damages for “Bad Checks”

Americans with Disabilities Act and Service Animals

 

Tomorrow changes to the Americans with Disabilities Act (“ADA”) will go into effect. One of the most widely publicized of these changes relates to “service animals.”

 

In a Fact Sheet published by the U.S. Department of Justice (“DOJ”), the DOJ describes the changes to the new rule relating to service animals as follows: “The rule defines “service animal” as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. . .”Continue Reading Service Animals, Assistance Animals, the ADA and FHA – What does it all mean for HOAs?

Founded in 1993, the Golden Triangle Association (“GTA”) in Denver is all about neighborhood activism and building community. Members of the GTA include individuals, households, HOAs, businesses and organizations committed to promoting shared values in the Golden Triangle. 

Among many other things, the GTA is involved in community activism on issues relating to zoning and signage…

Okay – so it has really felt like the 2011 legislative session in Colorado for HOAs has been pretty darn busy. We have battled over the assignment of junior lien rights, engaged in lengthy and sometimes intense negotiations on the superlien, reworked legislation affecting the governance of associations and the session is only half over. However, recent drama in Nevada has put our 2011 legislative session into perspective.

In addition to the federal investigation in Nevada of an alleged conspiracy targeting HOAs that we reported on in our March 7th blog posting, Senator Michael Schneider has introduced an omnibus bill in the Nevada Legislature he has dubbed “Sex, drugs and money: Why HOAs don’t work.” The bill is a whopping 43 pages long and addresses everything from regulating transfer fees to prohibiting HOAs from using radar guns to regulating the composition of HOA boards.Continue Reading High Drama in Nevada Over HOA Omnibus Bill

The Colorado Division of Real Estate (“Division”) has published a Position Statement on whether common interest communities formed before July 1, 1992 (commonly known as “pre-CCIOA communities”) are required to comply with the new HOA Registration requirements. In the Position Statement, the Division noted that “The interpretation of whether the registration requirement applies to entities not formed under CCIOA has caused significant confusion amongst homeowners’ association registrants.” Continue Reading Position Statement on HOA Registration for Pre-CCIOA Communities Published

For a moment I thought I was reading an excerpt from a Sidney Sheldon thriller – instead of an article in the Las Vegas Review Journal (“Journal”) reporting on an alleged fraud scheme centered on HOAs. 

The Journal was reporting on a federal investigation relating to an alleged “scheme to rig homeowner association board elections to position conspirators, including former police officers, who would push the boards to file construction defect lawsuits against builders. Legal work and multimillion-dollar repair contracts then would be funneled to associated lawyers and companies.”Continue Reading Federal Probe Into HOA Fraud Scheme in Nevada – Who would have thunk it?!

As we approach the midpoint in the 2011 Colorado legislative session, it’s worth taking a moment to reflect on how homeowner associations (“HOAs”) are present in the mind of many legislators in the Colorado General Assembly and trends we are seeing legislatively. Here are some observations:Continue Reading Homeowner Associations – The Legislative Gift That Keeps on Giving