In my CCIOA 101 for HOA Boards blog posting yesterday, I addressed the Reserve Study Policy – which is one of the 9 Responsible Governance Policies (commonly referred to as “SB 100 Policies”) that HOAs are required to adopt and comply with under the Colorado Common Interest Ownership Act (“CCIOA”). In May of 2011, Governor Hickenlooper signed into law House Bill 11-1124 which amended C.R.S. 38-33.3-209.5 and outlines the following items which must be included in the Conflicts of Interest Policy for an HOA: Continue Reading CCIOA 101 for HOA Boards: Conflicts of Interest Policy
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CCIOA 101 for HOA Boards: Reserve Study Policy
As Mark Payne noted in his May 21st blog posting entitled Those Pesky Policies, the Colorado Common Interest Ownership Act (“CCIOA”) requires HOAs in Colorado to adopt and comply with nine Responsible Governance Policies – commonly referred to SB 100 Policies.
One of the nine policies addresses the issue of reserve studies. Here’s what CCIOA, at C.R.S. 38-33.3-209.5(IX), requires a Reserve Study Policy to include:Continue Reading CCIOA 101 for HOA Boards: Reserve Study Policy
You Can Lead a Horse to Water…
But you can’t make him drink. A lot of the work I do for my association clients requires me to counsel boards to take actions different from the actions they’d taken in the past. I advise them to enforce their covenants. I make sure they treat owners and residents as equally as possible, regardless of gender, age, race, affiliation, or personality conflicts. I work to dispel myths about owner’s rights and privacy.Continue Reading You Can Lead a Horse to Water…
CCIOA 101 for HOA Boards: Counting Secret Ballots
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
CCIOA 101 for HOA Boards: 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
Demystifying Judicial Foreclosure Sales
So your association has filed a foreclosure lawsuit against a delinquent homeowner and obtained authorization from the court to conduct a foreclosure sale. Now, what happens next? Rather than explaining the relatively complicated procedure and statutes associated with the process, let’s talk about the basics.Continue Reading Demystifying Judicial Foreclosure Sales
HUD – It’s Time to Wake Up and Smell the Coffee!
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…
To Chalk or Not to Chalk – That Is the Question
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
CCIOA 101 for HOA Boards: Energy Efficiency Measures
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
CCIOA 101 for HOA Boards: Political Signs
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