2011

As regular followers of this blog are aware, Colorado homeowners associations cannot effectively prohibit the installation of renewable energy devices on individual homes and units, although they can impose reasonable restrictions on the devices.  Molly Foley-Healy addressed this matter in detail back in May.

Today, the Denver Post published a story about the Acres Green Homeowners’ Association and its fight against the Douglas County School District’s attempt to install solar panels on the ground near Acres Green Elementary.  The Association argued to the Douglas County Planning Commission that the solar panels would constitute a potentially dangerous eyesore, and the problem could not be effectively mitigated by screening the panels from view.  The School District could not install the panels on the school’s roof because, after contracting for this installation, it was determined the roof couldn’t support the project.

Not in your backyard? Hope your HOA agrees…Continue Reading Your HOA Can’t Stop You From Installing Solar Panels – But it Can Stop the School District!

As I was perusing news headlines this morning, I came across an article from Time Moneyland about the City of Oak Park in Michigan. As a Michigander myself, this story caught my attention. At the outset, it’s important for everyone to understand that Oak Park is not a homeowners’ association. I repeat Oak Park is not a homeowners’ association. And all I can say about that is what a relief! Continue Reading City of Oak Park Could Jail Gardener

This week I have been blogging on recent changes made by HUD to the FHA guidelines which condominium associations must comply with to become FHA-certified. This certification is important since it enables purchasers of units in these associations to be eligible for FHA-backed loans which enhances the marketability of units.

Beneficial changes have been made in the Condominium Project Approval and Processing Guide (“Guide”) relating to the percentage of commercial space which may be present in a condominium project and the percentage of assessment delinquencies an association may have to be eligible for FHA-certification. Here’s what you need to know:Continue Reading Positive Changes to FHA Guidelines on Commercial Space & Assessment Delinquencies

As I discussed fully in a blog posting on March 21, 2011, for a condominium association to obtain HUD certification for purchasers of units in that association to obtain FHA-backed loans, one of the requirements is that at least 50% of the units in the project must be owner-occupied. Simply put, that means associations must have a mechanism to regulate the rental of units. Ironically, HUD also had in place guidance that would have disqualified any association with rental restrictions in the association’s governing documents.Continue Reading HUD Approval of Some Leasing Restrictions Made Permanent

If you serve on the board of directors or are a manager of a condominium association, you know that obtaining approval from HUD for FHA-backed loans really enhances the ability of owners to sell their units in your community. 

As I mentioned in myJune 30th blog posting, HUD launched the new Condominium Project Approval and Processing Guide (“Guide”) which outlines the criteria that condo associations must comply with in order for these communities to be certified by HUD to be eligible for purchasers of units to obtain FHA-backed loans. One of the many items that HUD reviews when analyzing an association’s submission, is whether the association has levied a special assessment. Here is the provision of the Guide that addresses special assessments: Continue Reading Special Assessments Proving Problematic for FHA Approval

Last Friday, I blogged on a news story aired by Consumer Investigator Jodi Brooks on CBS News 4. I opined that Ms. Brooks didn’t bother to take the time to investigate the claims made by a small group of disgruntled homeowners and instead opted to present an unbalanced point of view that HOAs are bad and abusive to residents. However, I did concede that not all HOAs are perfect and sometimes homeowners are treated poorly.Continue Reading Mark Payne as Spokesman for CAI Offers Balanced View of HOAs on CBS News 4

Last night during the 10:00 pm newscast, CBS 4 News Consumer Investigator Jodi Brooks reported on a meeting she held with a group of disgruntled residents who live in a handful of HOAs in Colorado. While there’s no question that residents are sometimes treated poorly by their HOAs, Ms. Brooks made no attempt to interview the associations that allegedly mistreated these individuals. Instead, she took the time-honored approach of many reporters by giving a one-sided account of their complaints.Continue Reading Will HOAs Ever Be Treated Fairly By the Press?

Phantom dog poop is not just a problem in HOAs! Colorado’s Jefferson County Sheriff’s Office, in partnership with local park districts and HOAs, has launched the “There is No Poop Fairy” campaign to bring attention to the problem of dog waste. This campaign has already received national attention from Rachel Maddow and the Huffington Post. 

Continue Reading Myth of the Poop Fairy is Dead in Jeffco!

A Florida homeowners association recently decided to waive $20,000 in fines accumulated by a homeowner who abandoned her property to her lender.  It appears that owner Linda Conti overestimated her ability to purchase the home, and planned to turn the property over to the bank with a deed in lieu of foreclosure.  She moved out before the bank took title, and as a result the property’s front lamp was left unlit for over a year.  This violated the association’s covenants, and the association levied a $50.00 fine every day, resulting in $20,000 in fines and several thousand dollars in attorneys’ fees.

 Continue Reading Dim-Witted HOA Finally Sees the Light