October 2012

Every Board member knows there are some people who are simply grumps.  They enjoy creating a negative environment.  While Board members are only human, it’s important to remember to treat grumps the same as any other member of the association.  If a Board treats a grump differently, that Board could end up with a case of selective enforcement.

Selective enforcement occurs when a Board enforces a covenant against some, but not all members.  This may happen when the Board intentionally takes an action due to a personal issue, as with a grump, or it may happen when a Board takes actions a prior Board neglected to take.  Every situation is different, and what may seem like unequal treatment is not necessarily selective enforcement.Continue Reading Be Nice to Grumps!

Governing and overseeing the operations of an HOA is a significant responsibility for board members which can sometimes seem a bit overwhelming.  In addition, some board members have never served on the board of a nonprofit corporation or have little experience overseeing the business aspects of an association.  As a result, attending educational sessions can be an extremely helpful resource for directors. 

The Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, management companies and law firms like WLPP routinely provide education for boards.  While for the most part these educational sessions are provided free of charge, sometimes there is a small fee for attendance.  The Colorado Common Interest Ownership Act ("CCIOA") addresses the ability of associations to reimburse board members for educational expenses. Continue Reading CCIOA 101 for HOA Boards: Reimbursement for Board Member Education

With annual meeting season upon us, it’s a great time for the boards of HOAs to provide owner education as required by the Colorado Common Ownership Act.  CCIOA, at C.R.S. 38-33.3-209.7, requires associations to provide free education at least yearly to owners on ". . . the general operations of the association and the rights and responsibilities of owners, the association and its executive board under Colorado law."  This provision of the statute permits the boards of HOAs to determine how to comply with the requirements for owner education.  In addition, owner education is not required for time-share communities. Continue Reading CCIOA 101 for HOA Boards: Annual Owner Education

Last Thursday, as Chair of CAI’s Colorado Legislative Action Committee, I served on a panel for a Town Hall Meeting hosted by State Representatives Angela Williams, Su Ryden, Rhonda Fields, Nancy Todd and State Senator Morgan Carroll. The topic of the evening revolved around HOAs, the problems folks living in them sometimes experience and whether Colorado law needs to be revised to address these problems.

As I listened to homeowner advocates and folks who have experienced real problems with their HOAs, three important principles for empowerment came to mind:  (1) homeowners are empowered when they are knowledgable; (2) homeowners are empowered when they participate in the governance of their HOAs; and (3) homeowners are empowered when they focus upon and are part of real and reasonable solutions.Continue Reading Knowledge, Participation and Solutions Empower Homeowners

Last week, attorney Gary Kujawski began his employment as the HOA Information Officer with the Colorado Division of Real Estate.  Since this important position has been vacant for about six months, we are thrilled to see that it has been filled and are certain that Mr. Kujawski will use his knowledge and experience in training to provide homeowners and…