June 2011

WBTV News in Charlotte, North Carolina reported yesterday on an ugly dispute in a homeowners’ association (“HOA”) over removing a pot-bellied pig from the community. The feud escalated to a point where the owner of the pig posted an entry on her Facebook page with a picture of her pig and “an image of a gun with a backward facing barrel with words “Made especially for HOA Board Members,” according to a report last week from deputies.” Continue Reading Do Your Governing Documents Address Pot-Bellied Pigs?

On Saturday, ABC 15 out of Scottsdale, Arizona reported on a dispute Steven Seagal is having with his homeowners’ association (“HOA”). The gated community which sports multi-million dollar homes is upset about the number of workers’ vehicles parked in front of the action star’s home. 

This issue seems to have been going on for quite awhile. Seagal’s attorney, Mark Goldman, commented, “They were very upset because there were numerous cars here, but there had to be cars here because the home hadn’t been lived in for two years.” Continue Reading Fred Flintstone v. Steven Seagal?

Summertime and the living is easy . . . unless you are a community association manager or board member in a homeowners’ association (“HOA”) dealing with violations of covenants, rules and regulations or architectural guidelines. It can be extremely frustrating to receive constant complaints on alleged violations, to send out letters to owners informing them of a violation and requesting their compliance – only to be repeatedly ignored. Sometimes the only option left is to “motivate” these individuals to come into compliance by the imposition of a fine. But before a fine is imposed, make sure that your HOA is compliant with Colorado law. 

The Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-209.5(2), addresses the parameters that HOAs must comply with prior to imposing a fine. Here’s what you need to know:Continue Reading Before Imposing Fines – Make Sure Your Ducks Are in a Row

[Warning: Parliamentarians please disregard this blog posting. If you do read it and are appalled, feel free to openly and widely disparage my lack of respect and understanding of Robert’s Rules of Order!]

Have you ever been to an annual meeting for an HOA where a member makes a motion from the floor to follow Robert’s Rules of Order, the motion is seconded and passed? What happens next? What happens if the chair of the meeting doesn’t understand Robert’s Rules? What happens if there isn’t a parliamentarian available to walk everyone through the meeting? What happens if there is one person who has a strong grasp of Robert’s Rules and uses it to the disadvantage of everyone else? What is the affect on business conducted at the meeting if Robert’s Rules aren’t properly followed? How many people really know all that much about Robert’s Rules? Continue Reading Robert’s Rules for HOA Meetings – Not Necessarily the Bee’s Knees

Homeowners and condominium association Boards of Directors have extensive powers to act on behalf of the Association.  The actions a Board can take are broad and encompass all areas of Association governance.  However, with great power comes great responsibility.  Boards often take some or all of the following actions, but they need to do so with full consideration of the potential ramifications. Sure, you can do it…but should you?
Continue Reading Sure You Can Do It…But Should You?

11News recently reported on a condominium association in Grand Junction that has evidently made it difficult for a 96 year old resident to receive delivery of oxygen tanks which are critical to her health and well-being. 

Ms. Metcalfe claims that the homeowners’ association (“HOA”) is no longer permitting her oxygen tanks to be delivered through the front entrance of the association. As a result, she is forced to travel down 3 flights of stairs to receive her delivery from the garage entrance. Ms. Metcalfe claims that she has already taken a serious fall trying to get down to the garage. She told 11News that “I did fall, and I injured my head, my hip, my knee.” She was subsequently hospitalized for treatment of her injuries.Continue Reading Condo Association Makes Delivery of Oxygen Tank Difficult for Elderly Resident

The Colorado HOA Information Office and Resource Center ("Center"), housed within the Division of Real Estate, has published the following consumer brochures:

Before You Purchase in an HOA

Covenant & Rule Enforcement

HOA FAQs

Understanding HOA Meetings

One of the purposes of the Center is to provide information to consumers on the rights and responsibilities…

Yesterday, theday.com in Connecticut reported on an unfortunate story of an owner who lost his condominium unit to a fire only to find out the insurance coverage the association was required to have in place had lapsed for lack of payment. While Mr. Jain carried a standard policy to cover the contents of his unit, the policy does not cover the actual structure.

This is a great example of the challenges which face small condominium associations. In some cases, these associations do not have the funds necessary to hire professional management to handle the finances of the association and to ensure that proper insurance coverage is in place. This is unfortunate because these small associations typically have the same responsibilities as their larger counterparts.Continue Reading Insurance Nightmare for Owner in Small Condominium Association

“Nasty Joe” is an extremely angry person. You know the type, he’s not happy unless he’s embroiled in an ugly battle. Joe will always point the finger at others, engage in loud, vicious and profane verbal attacks and will never ever back down. He is a master at drawing people into a battle, because he knows he will always win and it fuels his fire.     

Unfortunately, Nasty Joe sometimes lives in a homeowners’ association. If you have encountered a Nasty Joe – you know it’s a no-win situation. These people take great satisfaction in targeting professional staff and members of an association’s board of directors. For these angry people, there’s nothing better than violating covenants and making life a misery for everyone involved.

 

Here are some tips for dealing with a Nasty Joe:Continue Reading Dealing with Nasty Joe: Step Back and Take a Deep Breath

With the sun finally heating up Colorado, so are the architectural requests by residents in homeowners’ associations (“HOAs”). Like solar panels and windmills, Colorado law regulates unreasonable restrictions by HOAs on “energy efficiency measures.”

The Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-106.7, defines an energy efficiency measure as “a device or structure that reduces the amount of energy derived by fossil fuels that is consumed by a residence or business located on real property.” CCIOA specifically limits “energy efficiency measures” to include only the following items and devices:Continue Reading Awnings and Shutters and Clotheslines – Oh My!