April 2011

If you read our posts, you know that we occasionally address fair housing issues in community associations. Both the federal and state fair housing acts prohibit discrimination in the provision of housing and services based on a number of protected classifications, including race, color, religion, sex, familial status, or national origin. Unfortunately, discrimination in violation…

On Tuesday afternoon, the Senate Committee on Local Government (“Committee’) held a hearing on Senate Bill 11-234 (“SB 234”) – the residential transfer fee bill. As we noted in our April 7th blog posting, SB 234 currently prohibits the future recording of residential transfer fee covenants or liens which require payment of a transfer fee. The bill has several carve outs which include the fees management companies charge in relation to the conveyance of a unit and transfer fees for community associations which are present in a recorded document. 

The Colorado Bar Association, Land Title Association of Colorado, Colorado Mortgage Lenders Association and CAI’s Colorado Legislative Action Committee (“CLAC”) all testified in favor of the bill. These interest groups made the following consistent points:Continue Reading Senate Committee on Local Government Holds Hearing on Residential Transfer Bill

Just a few minutes ago, Governor Hickenlooper signed House Bill 11-1124 (“HB 1124”) into law. As you know from recent blog postings, HB 1124 addresses the Conflicts of Interest Policy that community associations in Colorado are required to adopt. 

In particular, HB 1124 requires that a Conflicts of Interest Policy must contain the following provisions:Continue Reading HB 1124 Signed Into Law – Take Advantage of Our Free Conflicts of Interest Policy Review!

The San Diego Union-Tribune recently reported on a 70 year old woman who likes to spend time in her garage knitting, watching a little Jeopardy on TV and visiting with neighbors. Marilyn Weber, a resident of Villa Portofino Association (“HOA”), hangs out in her garage around 4 to 5 hours a day. “I don’t know what I would do if I couldn’t hang out in my garage, I think I’d go crazy,” she said. “All my friends come over to this space. It if wasn’t for them I would feel isolated.”

Mrs. Weber’s HOA doesn’t feel the same way. In fact, the HOA has fined Mrs. Weber $120.00 so far for using her garage as a living space. Evidently, the HOA’s governing documents say: “No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot as a residence, either temporary or permanently.” Continue Reading Get Out of the Garage – NOW!

Frequently Asked Questions for FHA Clients during a Government Shutdown:

The following HUD/FHA Information Resources will be available during a government shutdown:

·HUD/FHA Resource Center: (800) 225-5342

·HUD/FHA National Servicing Center: (877) 622-8525

·HUD’s primary internet site:  http://www.hud.gov  (but will not be updated)

·The Resource Center FAQ site:  http://www.fhaoutreach.gov/FHAFAQ

HUD/FHA staff will not be available to respond to case specific questions.  All questions that cannot be answered by contract staff at the Resource Center and the NSC will be deferred until the government re-opens.

Please be aware that HUD Staff will not be available to process incoming mail during a government shutdown so business partners should suspend shipment of documents and approval packages during the term of the shutdown.  The following are examples of such documents:  Submission of FHA Test Cases, HRAP condominium approval packages, NAID requests, etc.   Continue Reading HUD Publishes Frequently Asked Questions in Case of Government Shut Down

I think it’s safe to say that it’s impossible to truly appreciate the beautiful things in life until you have first experienced a nasty, mud-slinging fight at an HOA meeting. Come on now – you know what I’m talking about. Here’s how this goes:

 

Pre-Meeting Strategy Session

Prior to the meeting even beginning, we have to meet to plan our attack. Do we all sit together? Do we spread out all over the meeting room? Do we take over the meeting from the board? Who should attack first? Do we play “good cop/bad cop?” Should we send out a one-sided flyer to the homeowners prior to the meeting to get them all revved-up? Continue Reading Sit Down and Shut Up!

Senate Bill 11-234 (“SB 234”), which was granted late bill status, has just been introduced in the Colorado Senate. After months of negotiations between stakeholders, SB 234 was introduced to address concerns relating to residential transfer fees, to protect equity in homes and to promote the sale of residential real estate. 

SB 234, as currently written, provides as follows: Continue Reading Transfer Fee Bill Just Introduced in Colorado General Assembly

I have a confession to make – I’m addicted to the news. It’s pretty common for me to have the remote control for the TV in hand as I rapidly surf from news program to news program. I was in the zone Saturday morning with a cup of coffee in one hand and my trusted clicker in the other when I couldn’t get away from news accounts of an association in Florida that is proposing a ban on kids playing outside. With a nuclear plant on the verge of a meltdown in Japan, a civil war raging in Libya and Charlie Sheen kicking off his “Torpedo of Truth Tour,” why on earth was there so much press coverage about this HOA?

The fact is, whenever an HOA is perceived to be acting in an abusive manner the press will cover the story long and hard. In this particular case, a 48 unit townhouse association is proposing a ban on minors playing outside without adult supervision. In addition,ParentDish reports the proposed rule would prohibit kids from “playing tag, skateboarding, riding Big Wheels or using toys considered loud or obnoxious.” Continue Reading Put Away Your Bikes Kids and Get in the House!

I just got off the phone with the manager of one of my more “entertaining” associations. After discussing an upcoming meeting, I asked her if the association was registered with the HOA Information Office. For more information on this registration, click here. She said they were properly registered, but she had received a surprising bill from the…