May 2012

I spent the last ten days in upstate New York, fishing, eating good food, drinking bad beer, and spending time with family and friends. I’m fortunate that I married into a family with a cottage on a good-sized lake near Canada. The walleye, crappie, pike, and bass were out in full force, and when they weren’t biting, I was tubing and swimming, trying to forget the teeth of the fish I’d caught earlier that day.

Continue Reading Atypical associations are subject to CCIOA too!

Charges for Assembling, Producing and Copying Records

Yesterday I blogged that Governor Hickenlooper had signed the HOA records bill (“HB 1237”) into law. In order to be prepared to comply with the new law when it goes into effect on January 1, 2013, we are recommending that managers, management companies and HOA boards familiarize themselves with the requirements of the new law and to begin preparing now to comply.

For those of you who have been following my blog series which outlines the requirements, of HB 1237, you know we have covered: (1) records which HOAs will be required to maintain and produce to owners upon request; (2) records which may be withheld from production to owners; (3) records which must be withheld from production to owners; (4) restrictions which owners in HOAs must follow when utilizing membership lists; and (5) procedures which HOAs will be permitted to utilize in obtaining and processing records requests from owners.

 

Today I am going to cover what HOAs may charge, beginning on January 1st, for assembling, producing and copying records. Here’s what you need to know:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #6

We hope you all had a wonderful holiday weekend and took time to reflect on the sacrifices that our men and women in the military have made for the United States. For those of you who have lost loved ones in the service of our great country, our thoughts and prayers are with you. 

Americans express their thanks to the members of our military and their patriotism in a variety of ways. One of the most common ways they do this is by displaying the American flag. As we continue to remember those lost while serving their country and with Flag Day and the 4th of July fast approaching, now is an appropriate time to remind HOAs about Colorado law relating to flying the American flag and service emblems. 

 

Here’s what HOAs need to know:Continue Reading Displaying Patriotism in HOAs

Procedures for Requesting HOA Records

As we prepare managers, management companies and HOA boards to comply with the HOA records bill (“HB 1237”) when it signed into law and becomes effective on January 1, 2013, we have covered: (1) records which must be maintained by HOAs and produced to owners upon request; (2) records that may be withheld from production to owners; (3) records which must be withheld from production to owners; and (4) restrictions which members of HOAs must follow when utilizing membership lists

Today we are going to cover procedures which HOAs will be permitted to utilize in obtaining and processing record requests from owners. Here’s what you need to know: Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #5

Use of Membership Lists

HB 1237, the HOA records bill, has not yet been signed into law by Governor Hickenlooper. However, we expect that to happen in the very near future. Since the new law will ultimately go into effect on January 1st, we are posting a series of blog entries on what managers, management companies and HOA boards need to do to prepare to comply with the new law. Here’s what we have covered thus far:

 

  1. HOA records which must be maintained by the HOA and produced to owners upon request;
  2. HOA records which may be withheld from production to owners; and
  3. HOA records which must be withheld from production to owners

Today we are going to cover the restrictions on members relating to the use of a membership list they obtain from their HOA. While this provision mirrors current law, it’s worth a reminder. Here’s what you need to know:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #4

HOA Records Which Must Be Withheld from Production

As we continue on our journey to prepare managers, management companies and HOA boards to comply with the HOA records bill (“HB 1237”) which will become effective on January 1, 2013, let’s review what we have covered thus far. In our first blog entry, we covered the records that HOAs will be required to maintain and produce to owners upon request. In our second blog entry, we covered the records that HOAs may withhold from inspection and copying by owners. Today we will cover the small category or records which HOAs are required to withhold from production and inspection by owners. 

The following records maintained by an HOA are not subject to inspection and copying, and must be withheld, to the extent they are or concern:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #3

We’ve written before about the responsible governance policies required by the Colorado Common Interest Ownership Act (CCIOA). You all know that you’re required to have them in place. But, beyond the fact that Colorado law says you have to have them, why should you have them, and what benefit do they provide?Continue Reading Those Pesky Policies

HOA Records Which May Be Withheld From Production

Last Friday, House Bill 1237 (“HB 1237”) was sent to Governor Hickenlooper for action. As we have noted in previous blog postings, given the bipartisan support for the bill, we fully expect HB 1237 to be signed into law. While the new law will not go into effect until January 1, 2013, now is the time for managers, management companies and HOA board members to get acquainted with the requirements of the new law and to begin preparing to comply with them by the 1st of the year. 

I began a short series of blog entries last Thursday to bring everyone up-to-speed on the requirements of HB 1237. The first blog entry provided a list of the records that every HOA will be required to maintain and provide to owners upon request. This blog entry will cover records which associations may withhold from producing to owners.

 

The following records maintained by an HOA may be withheld from inspection and copying to the extent they are or concern:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #2

HOA Records Which Must Be Maintained and Produced

House Bill 1237 (“HB 1237”), the HOA records bill, has been prepared to be sent to Governor Hickenlooper for action. Based upon the bipartisan support the bill has enjoyed, we fully expect the Governor to sign HB 1237 into law. Once that happens, the bill will become effective on January 1, 2013. 

In addition to the advice Suzanne Leff gave in her blog on Monday, this short series of blog entries will provide guidance to managers, management companies and HOA board members on what you need to know to be prepared to comply with the new law. 

 

Beginning on January 1st, here is a list of the records which HB 1237 requires associations to maintain and produce to owners upon request:Continue Reading HOA Records Bill: Start Preparing Now to Comply!