2012

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

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

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…

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

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