Yesterday, the Denver Post reported that Senator Lucia Guzman and Representative Cristana Duran are planning to introduce a bill during the 2013 legislative session in Colorado ". . . to incentivize HOAs and other entities to build electric-car-charging stations." However, the Post also reported that Duran said "We don’t want to mandate their construction."
Since there
For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors.
As I have reflected upon the less than constructive interpersonal dynamics which have become far too common in some HOAs during 2012 and the venomous diatribes of a small number of HOA critics, I’m more convinced than ever that it takes both directors and residents of HOAs (and managers and HOA lawyers for that matter) to do their part to create harmonious and livable communities. As a result, I humbly offer for your consideration the following 2013 New Year Resolutions for Directors and Residents of HOAs:Continue Reading 2013 New Year Resolutions for Directors and Residents of HOAs
It’s that time of year again when Boards are planning for the New Year. One of the tasks on their list should be to make sure the Association has enacted the mandatory governance policies and that each policy is being consistently implemented.Continue Reading Making a List and Checking it Twice
I’ll admit it, I’m something of a Grinch. I’m just not very good at putting up the holiday decorations that so many other people do so well. My neighborhood is having a holiday light competition. I haven’t managed to put up any lights, but if I were to put up anything, it would look like the house on the right:
The Armstrong family of Wellington’s house would look more like the one on the left – if they decided to go "low key." The Armstrongs have a tradition of an extraordinarily elaborate display, combined with holiday cheer for passersby and charitable giving for those less fortunate. The Fort Collins Coloradoan recently reported on their struggle to keep their light display in spite of their homeowners association’s objection.Continue Reading How to be a Grinch
Here it is, not even Christmas yet, and I’m talking about the new year? What gives?
We all know that it is easy to get caught up in day-to-day activities and “emergencies” that command so much of our time. But we also know that, every once in awhile, it is a good idea to take a step back and reflect on where we have been, and where we are going. While this seems obvious, and may apply to so many aspects of our lives, it is applicable to the operation of community associations as well.Continue Reading Strategic Planning for the New Year
As community association attorneys, we are experienced in negotiating contracts with broadband service providers for our clients. These contracts allow the provider to enter a condominium’s common areas to install wiring and provide service to the individual units, as well as to undertake other activities related to these services. As a content creator, I value my intellectual property rights. As a computer geek who went to college in the time of Napster, I understand the inevitability of file sharing. I recently read this article discussing copyright protection activity by broadband service providers and thought, "Wow, I’m going to have a lot of work to do in a few years."
The article discusses the voluntary actions being taken by many large broadband service providers to discourage inappropriate file sharing and other copyright violations. It noted that many condominiums share internet service by a single central connection. This could mean that one flagrant violator with a habit of frequenting shady torrent sites could cause the internet for an entire condominium to be throttled back or even terminated.Continue Reading Be Careful What Your Neighbors Surf For…
It’s hard to believe that Thanksgiving is already behind us and 2013 is approaching quickly. While folks are busy preparing for the holidays, it’s important for managers and boards of directors of HOAs in Colorado to also prepare now to comply with the new HOA records Law ("HB 1237") which goes into effect on January 1st. Continue Reading January 1st is Fast Approaching – Is Your HOA Ready To Comply With the New HOA Records Law?
As we head into the Thanksgiving holiday weekend, all of us here at Winzenburg, Leff, Purvis & Payne want to express our THANKS TO:
Last week Gina Botti blogged about the importance of properly recording an association assessment lien. Although CCIOA states that a lien is ‘perfected’ or in place upon the recording of the association’s Declaration, it is still important to prepare and record a Notice of Lien to ensure that the lien is not overlooked upon the sale of a unit.
It is also particularly useful to have a recorded assessment lien against a property that is in public trustee foreclosure. Although most people are aware of the statutory six month super priority lien that arises once a property is foreclosed, few are aware that a foreclosure may present an opportunity to fully recover the assessments and fees that it is owed. Once a property is sold at foreclosure sale, an association typically has eight business days following the sale to also exercise its redemption rights. What are these redemption rights? Simply put, they allow the association because of its lien to take title to the foreclosed property (away from the successful bidder at the sale) for the amount of the sales price at the foreclosure auction plus interest and other expenses.
A lien is a security interest, or encumbrance, over some type of property to secure the payment of a debt or some other obligation. Liens also have different priorities over one another and only when a lien is “perfected” will it be legally entitled to priority over subsequent liens. A creditor must normally “perfect” its lien by taking steps required by law to give other parties notice of the lien. As Lindsay Smith points out in her blog, Colorado requires that any party claiming an interest in real property record evidence of that interest in the real property records of the county in which the property is located. Continue Reading Liens – Protect your association’s interests!