2012

What can an association do to prevent or minimize future delinquencies by homeowners who are habitually late or delinquent in the payment of their assessments? This is a question that managers and board members ask me all the time. If I can figure out a magical solution to preventing delinquencies entirely, I’ll be glad to share but not until after I retire in a remote fishing village in Alaska! One way, though, that an association may be able to reduce future delinquencies is by accelerating assessment fees.Continue Reading Accelerate your Way through Collections

The Community Associations Institute’s (CAI) – Colorado Legislative Action Committee (CLAC) has been carefully reviewing DORA’s 2012 Sunrise Review: Common Interest Community Association Managers (Sunrise Review). For those of you who have read the Sunrise Review, you know that DORA ultimately recommended the regulation of management companies.      

The CLAC feels that DORA’s recommendation to regulate management companies will not provide protection to all Coloradoans living in homeowners’ associations. DORA’s conclusion that, “For the most part, community associations contract with management companies, not individual community managers” does not accurately reflect the fact that many associations around Colorado retain the services of managers who are not affiliated with a management company.Continue Reading CLAC Update on Status of Manager/Management Company Regulation

There is often confusion as to the difference between liens against property and the personal obligation of a homeowner. Typically, this issue arises when a homeowner files for bankruptcy. The Association needs to distinguish between the personal obligation the Association can collect from the homeowner, and the lien that attaches to the property and can be collected upon the sale of the property or by foreclosing against the homeowner.  Continue Reading Lien and Personal Obligation – What’s the Difference?

This morning the Colorado Department of Regulatory Agencies (DORA) published the Sunrise Review on whether the licensure of community association managers in Colorado is necessary. The Sunrise Review Application submitted by CAI’s Colorado Legislative Action Committee (“CLAC”) recommended the licensure of individual community association managers. 

The analysis in the Sunrise Review focused largely on whether unregulated community association managers pose potential harm to the residents living in community associations and the financial costs associated with potential regulation. The categories of “harm” outlined in the report include: Continue Reading Communication from CLAC on DORA Sunrise Review

The Denver Post ran a Guest Commentary this morning from Chris Pacetti the Co-Chair of the Manager Licensure Task Force of CAI’s Colorado Legislative Action Committee ("CLAC"). The Guest Commentary outlines the reasoning behind the submission of the Sunrise Application for manager licensure and makes the case for the regulation of community association managers. 

We expect…

This morning, an amended version of House Bill 12-1237 (“HB 1237”), sponsored by Representative Angela Williams and supported by CAI’s Colorado Legislative Action Committee, was passed by the Colorado House on second reading. The bill will soon be heard on 3rd reading by the full House and is expected to be passed and sent to the Senate for consideration. Senator Ted Harvey, a Republican from Highlands Ranch, has kindly agreed to sponsor the bill in the Senate. 

 

HB 1237 was highlighted and received positive press yesterday in the Denver Post. The bill addresses the retention and production of HOA records. The bill is intended to clarify: (1) what exactly are records of the association; (2) what records must be retained by associations: (3) what records must be produced to owners upon request; and (4) what records are exempted from production.  In addition to these clarifying provisions, HB 1237 disposes of the requirement that owners provide a “proper purpose” prior to being permitted to inspect and obtain copies of records. Continue Reading HOA Records Bill Passes the Colorado House on 2nd Reading

The Colorado Senate this morning amended Senate Bill 12-038 (“SB 38”) to exclude HOAs from the definition of “roofing contractor” and to provide HOAs with the protections provided under the bill.

SB 38, which is intended to provide protections from unscrupulous roofing contractors, requires “residential roofing contractors” to sign a written contract with customers that includes among other things: Continue Reading Roofing Contractor Bill Amended to Protect HOAs