June 2012

Last week in a CCIOA 101 for HOA Boards posting, I talked about the circumstances under which the Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-310, requires the use of secret ballots when members are voting in a contested election for directors or on other issues. When counting these secret ballots, here’s what you need to know:Continue Reading CCIOA 101 for HOA Boards: Counting Secret Ballots

We often receive inquiries from HOA board members on whether they are required to utilize a secret ballot when members/owners vote on any particular issue brought before them. The Colorado Common Interest Ownership Act (“CCIOA”) addresses voting at C.R.S. 38-33.3-310 and requires secret ballots to be utilized by members under the following circumstances:   Continue Reading CCIOA 101 for HOA Boards: Secret Ballots

Following the lead of our own Congressman Perlmutter, 69 members of the United States Congress just sent a letter to the Secretary of the United States Department of Housing and Urban Development ("HUD"), asking Secretary Donovan to take action to revise some unreasonable requirements condominium associations must comply with to become FHA certified. This important letter focused upon the need to…

CBS News in Denver recently ran a story about a controversy taking place in a local HOA relating to some residents allegedly complaining about a little girl in the community creating sidewalk art with chalk. Evidently, this seemingly normal childhood activity has created something of a divide in the community.

While it’s up to everyone to decide for themselves whether the chalk art of a child is offensive, the bigger legal question is whether creating a rule prohibiting chalk art in an HOA is a violation of the federal Fair Housing Amendments Act (“FHAA”) or the Colorado Civil Rights Act (“CCRA”).

 

Offensive?  (Photo courtesy of thechive.com)Continue Reading To Chalk or Not to Chalk – That Is the Question

As I continue with my series of blog entries relating to provisions of the Colorado Common Interest Ownership Act (“CCIOA”) members of HOA boards need to know about, I thought this was the perfect time of year to address the ability of homeowners to install energy efficiency measures on property they own. Here’s what you need to know: Continue Reading CCIOA 101 for HOA Boards: Energy Efficiency Measures

On Saturday morning, I was honored to serve as the spokesperson for the Rocky Mountain Chapter of Community Associations Institute (CAI) in an interview with Tyler Lopez on 7News. During the interview, we discussed flying the American flag and displaying political signs in HOAs. 

While I recently blogged on provisions of the Colorado Common Interest Ownership Act (“CCIOA”) which relate to flying the American flag and service emblems in HOAs, I haven’t yet addressed the issue of political signs. Since the political season is already upon us, here’s what boards of HOAs need to know about the provisions of CCIOA (C.R.S. 38-33.3-106.5 (1)(c)) relating to political signs: Continue Reading CCIOA 101 for HOA Boards: Political Signs

We always advise Associations to look to their governing documents for operational guidance. However, it is extremely important that the Association’s governing documents are consistent with one another and most importantly, with the Declaration.  

The Declaration is the controlling document, so Associations should first make sure their Policies and Rules and Regulations are consistent with the Declaration. This can be important in the day to day activities of the Association as well as in litigation. A court will look first to the Association’s Declaration for authority, and if anything in the Policies or Rules and Regulations conflicts with the Declaration, the Declaration’s terms will control.  That is not to say that Policies or Rules and Regulations cannot add to or elaborate specifics about the Association’s Policies and Rules; they simply cannot contradict the terms of the Declaration. Below are some examples.Continue Reading Consistency is Key in Governing Documents

A commonly missed provision of the Colorado Common Interest Ownership Act (“CCIOA”) requires that virtually all information provided to or available to one director relating to the HOA– must be shared with all directors. The intent of this provision of CCIOA is to ensure that every director of an HOA has the information he/she needs to effectively participate in the governance of their communities. In addition, this provision is intended to make certain that directors do not leave one or more fellow directors out of the information loop. 

CCIOA, at C.R.S. 38-33.3-303(1)(b), provides as follows:Continue Reading CCIOA 101 for HOA Boards: Dissemination of Information to All Directors

On Monday, I began a series of blog entries entitled CCIOA 101 for HOA Boards. The purpose of this series is to provide basic information for directors on key provisions of the Colorado Common Interest Ownership Act (“CCIOA”) they need to know about and comply with. In the first entry, I focused upon the requirement that board and committee meetings must be open to the members of the HOA – or their designated representatives. 

While as a general rule board and committee meetings must be open, the Colorado Common Interest Ownership Act narrowly regulates the circumstances under which a board or committee of an HOA may convene in a closed executive session. CCIOA, at C.R.S. 38-33.3-308 (3) and (4), specifically provides as follows:Continue Reading CCIOA 101 for HOA Boards: Use of Executive Sessions