2012

Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties are ordered to attend mediation prior to scheduling a trial. In some instances, however, even if not court ordered, it may be beneficial for the parties to attend mediation depending on the facts of the case.Continue Reading What is Mediation?

As I was driving to work this morning, I was reflecting on some of the less than constructive communications I have witnessed in the community association context lately. I don’t know if it’s the heat that’s getting to everyone or if the ugly presidential campaign is starting to rub off on us, but it seems like some folks have lost the ability to be constructive and to think before they act or speak. 

Whether it’s a homeowner to homeowner dispute, homeowner to board dispute, board to homeowner dispute, homeowner to manager dispute or any other combination – everyone needs to take a deep breath and think before they act. It’s also a good rule of thumb not to blast off that nasti-gram or leave a blistering voicemail in the heat of the moment. Continue Reading You Catch More Flies With Honey

After the shooting of Travon Martin in February, association lawyers discussed the possibility that the Retreat at Twin Lakes Homeowners Association could face liability for the actions of George Zimmerman, a member of the HOA’s neighborhood watch.

It appears that Martin’s family will be making a claim against the HOA’s insurance policy, asserting they are owed at least $75,000.00.  This indicates the Martins may intend to file a federal court suit against the insurance company.  The policy’s limit is $1,000,000.00, but the big issues will be whether the policy provided coverage at the time of the shooting, and whether it covers the shooting at all.Continue Reading After a Tragedy, the Inevitable Search for Deep Pockets

Yesterday, the Denver Post ran a story entitled Rebuilding to test covenants after Colorado Springs wildfire. The story focuses on the Mountain Shadows Community Association which was devastated by the Waldo Canyon fire. The Post reports that 346 homes were destroyed in this community made up of custom homes, patio homes, condos and townhouses. 

While the ashes of this devastating fire have barely cooled and the broken hearts of the residents cannot possibly have healed, the story anticipates fighting over rebuilding and the inability of architectural review committees “to enforce the covenants and rein in rebellious property owners.” The story essentially focuses on ways to control homeowners as they attempt to rebuild their homes and their lives.

 

Unfortunately, the story misses the most important point – this is the perfect opportunity for the homeowners in Mountain Shadows to come together to build consensus on a vision for the community they would like to rebuild. With the exception of being required to comply with applicable local, state, and federal laws and ordinances, governing documents of HOAs can (and should) be updated to fit the priorities of the owners in the communities the documents govern.  Here are some thoughts for the folks at Mountain Shadows, and any other HOA for that matter, facing the task of rebuilding:Continue Reading Colorado Springs HOA Has Unique Opportunity to Build Consensus and Community

 Last month I explained the basics of an association judicial foreclosure through the time of the sheriff’s sale.  In an ideal world, all foreclosures would result in a complete monetary recovery for an association and a new owner would timely pay all future assessment charges.

 However, it is not uncommon for an association to take title to a property through its foreclosure sale. This is especially likely to occur if the property has a first Deed of Trust (mortgage) and/or tax liens which exceed the market value of the foreclosed property.  So what should an association do once it takes title to a foreclosed property?

Continue Reading What to Expect Following an Association Foreclosure Sale

As we continue on our journey to examine traits which make HOA residents happy, productive and reasonable members of their communities – let’s recap the first two traits we have examined: 

Trait #1: Happy and effective HOA residents understand that they must be familiar with and comply with their governing documents.

Trait #2: Happy and effective HOA residents get informed before reacting negatively.

 

When we delved into Trait #2, I mentioned that it’s not uncommon for residents of HOAs to react negatively to board decisions which affect their wallets and pocketbooks. Let’s face it – that’s just human nature. Trait #3 dovetails into this common reaction and calls on HOA residents to be realistic about the finances and obligations of their HOAs.

 

Trait #3: Happy and effective HOA residents understand that money doesn’t grow on trees.Continue Reading Happy and Effective HOA Residents: Trait #3

Yesterday I began posting a series of blog entries outlining traits of happy and effective residents in HOAs. While members of the boards of directors of HOAs certainly have a significant role in creating vibrant, healthy and livable communities – residents of HOAs play an equally important role in fostering cooperation and reasonableness. Here’s the first trait I outlined yesterday on our journey to discover how residents can do their part to make their associations a great place to live:

Trait #1: Happy and effective HOA residents understand that they must be familiar with and comply with the governing documents of their HOA. 

While it’s imperative for residents to understand and comply with the governing documents of their associations, we can’t stop there. Controversies in HOAs can arise over issues that have little to do with complying with the governing documents. This is particularly true when boards make tough decisions to increase assessments or even levy a special assessment. As a result, we arrive at Trait #2.Continue Reading Happy and Effective HOA Residents: Trait #2

For those of you who follow our blog, you know that last spring I posted a series of blog entries outlining the Traits of Highly Effective HOA Directors. This popular series focused on those traits of HOA directors that contribute to the successful governance and operations of the associations they serve. 

As I reflect back on all of the feedback and conversations that sprang from this series of blog entries, it became clear to me that directors governing effectively is only one piece of the puzzle in building vibrant and livable associations. Owners and residents of HOAs play an equally important role in ensuring that their communities are well-maintained and are a great place to live. As a result, this series of blog entries will focus upon the traits of happy and effective HOA residents.

 

Trait #1: Happy and effective HOA residents understand that they must be familiar with and comply with the governing documents of their HOA. Continue Reading Happy and Effective HOA Residents: Trait #1

Reasonable is a term that is used a lot in the world of homeowner associations. It is a term that can have different meanings depending on who is interpreting the term and in what context the term is being used. According to Meriam-Webster’s Dictionary, the term reasonable means, “1a : being in accordance with reason; b : not extreme or excessive; c : moderate, fair; d : inexpensive; 2a : having the faculty of reason b : possessing sound judgment. As you can imagine, it can be difficult to interpret what one person thinks is reasonable in comparison to another and can present problems when attempting to resolve issues. Continue Reading What is “Reasonable”?

Earlier this week, I  blogged on the requirements in the Colorado Common Interest Ownership Act (“CCIOA”), that HOAs must adopt as a Reserve Study Policy and Conflicts of Interest Policy and what those policies must contain. As one of the Nine Responsible Governance Policies, C.R.S. 38-33.3-209.5 also requires HOAs to adopt a Covenants and Rules Enforcement Policy which should contain, at a minimum, provisions which address the following items: Continue Reading CCIOA 101 for HOA Boards: Covenants and Rules Enforcement Policy