2011

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!

It’s that time of year when homeowners’ associations in Colorado see complaints about pets begin to escalate.  Whether it’s barking dogs, stray cats, phantom poop or dogs playing in the common areas without a leash – these complaints are problematic but usually not life-threatening. 

To put our challenges with pets into perspective, check out this notice posted in a Florida HOA: Continue Reading Alligator Alert: Putting Pet Problems in Perspective

Just as homeowners’ associations are opening their pools for the summer season, the U.S. Consumer Product Safety Commission (“CPSC”) announced a recall of pool and spa drain covers produced by eight manufacturers. According to the CPSC, the “recalled drain covers were incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers or bathers.” 

The recall involves various pool and spa drain covers that can be identified by the manufacturers’ name and model information listed below: Continue Reading CPSC Announces Recall of Pool and In-Ground Spa Drain Covers

With the Memorial Day weekend upon us, residents in homeowners’ associations (“HOAs”) across the United States fly the American flag and service flags to honor our fallen heroes. As a result, it’s the perfect time to review provisions of Colorado law addressing HOAs regulating the display of these flags in associations. 

Here’s what HOAs need to know:Continue Reading Displaying the American and Service Flags: What HOAs Need to Know

 Okay – so some stories are just really hard to resist. In Tucson’s Sunflower Community Association, a major controversy broke out over building pickleball courts. For some reason, the thought of playing pickleball cracks me up. My reaction makes no sense and is unfair since I don’t even know what pickleball is. For the life of me, I can’t imagine what a pickleball looks like or what you would do with it. . . Pickleball players – please forgive my ignorance and irreverence!

While I got a kick out of contemplating what uniform one would wear when playing pickleball, the events that occurred in the Association are no laughing matter. Best as I can tell from the Explorer Newspaper and other sources, here’s what happened: The Board of the Association determined that construction of pickleball courts was a good idea. In order to fund the courts, the Board planned to utilize funds collected through a transfer fee called the Community Improvement Fee (“CIF”).  To utilize CIF funds, the Board would first have to obtain approval from the members.  A vote was held and members of the Association voted against funding construction of the courts. The Board, still of the opinion that pickleball courts would benefit the community, followed provisions in the governing documents to levy a special assessment of $47.00 per unit to build the courts. Given the amount of the special assessment, the Board was not required to obtain member approval. Continue Reading HOA Board in a Pickle with Sour Homeowners

The Wall Street Journal is reporting on a new Florida law that allows condominium associations to essentially garnish the rent paid by tenants of a delinquent owner, without going through the process of obtaining a judgment against the owner and a writ of garnishment for the tenant.  The Florida law only permits the association to demand money from the tenant – it does not allow the association to evict a delinquent owner and find tenants of its own.

When an owner fails to pay assessments, the burden falls on his neighbors who often have to pay higher assessments to make up the difference.  Unlike Florida, Colorado associations are not permitted to demand money from a tenant, absent a court order and a writ of garnishment. Continue Reading Tenant Garnishment Without a Judgment? Really?

Last Friday, I celebrated the sun coming out by blogging on solar panels in homeowners’ associations (“HOAs”). In that entry, I mentioned that solar panels are regulated as “renewable energy generation devices” under Colorado law and cannot be prohibited from being installed in HOAs. However, associations do have some broad authority to regulate the aesthetics and placement of the panels.

Like solar panels, windmills (referred to as “wind-electric generators” under the statute) are also classified as a “renewable energy generation device” and have similar protections under C.R.S. 38-30-168.

 

Here’s what HOAs in Colorado need to know about regulating the installation of windmills:Continue Reading Windmills: What HOAs Need to Know

CTV News in Ontario, Canada – reported on a story entitled Faulty towers: The hidden dangers of low condo maintenance fees. This story could have been written anywhere in the United States and even Colorado. While the circumstances facing the condominium association in the article are extreme, the story outlines the inevitable results of artificially low assessments, deferring maintenance and failing to fund reserves.

In these tough economic times, no board or resident of a homeowners’ association (“HOA”) wants an assessment increase. Heck – even in good times nobody wants an increase! However, the responsibility of an association to maintain, repair and replace common elements does not magically go away. You need only look at the declaration of covenants, conditions and restrictions for your HOA to determine the responsibilities of your association. For condominium associations – this is particularly important since your association likely has significant and potentially costly responsibilities. 

Continue Reading Is your HOA prepared to handle the maintenance, repair and replacement of common elements?

I can’t believe it . . . the sun is actually peeking out from behind the clouds that seem to have taken up residence over Colorado! Hmmm . . . is it time to start thinking about installing solar panels on the roof of my house? Do you think the HOA will notice if I install them without receiving architectural approval? Will the HOA try to stop me from doing my part to help save the environment?

Colorado law (C.R.S. 38-30-168) addresses the authority of HOAs to regulate the installation and use of “solar energy devices” which are defined as “. . . a solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun’s radiant energy into thermal, chemical, mechanical or electrical energy.” Solar panels clearly fall within this definition. 

 

Here’s what HOAs need to know about regulating the installation of solar panels:Continue Reading Solar Panels: What HOAs Need to Know

The Colorado Civil Rights Division (“CCRD”) of the Department of Regulatory Affairs yesterday disseminated a news release describing a year long investigation into the towing practices of  Kimberly Hills which is located in Federal Heights. While Kimberly Hills is not a homeowners’ association (“HOA”), the same principles apply and the story is instructive for HOAs.Continue Reading CCRD Focuses on Discriminatory Towing Practices