Covenant enforcement usually ramps up in our office in the spring, but we often receive phone calls from managers and Board members regarding holiday displays. From elaborate constructions of holiday cheer to somewhat less friendly displays, we see just about everything. A few reminders when considering whether the displays in your neighborhood are enforcement-worthy:
Do…
As Stephane Dupont previously blogged, effective January 1, 2014, Associations are required to have a new collection policy in place that complies with the HOA Debt Collection Bill (HB 1276). The new law requires collection policies to set forth certain procedures an Association must follow when collecting on a delinquent account.Continue Reading Time Is Running Out!
Yet another homeowners association has found itself in hot water for potential violations of federal fair housing laws. East of San Francisco, the Tennis Villas at Blackhawk association barred children from trick-or-treating at Halloween. While the community is gated and "upscale," an upscale community does not have the right to adopt policies that have a…
The HOA Information and Resource Center commonly shares information on federal and state laws regulating HOAs in Colorado. However, the Office just disseminated important information to registered HOAs relating to the recent discovery of the emerald ash borer insect in Colorado. Since ash trees are extremely common in Colorado, HOAs are encouraged to read this communication from the Colorado Department…
Homeowners often claim that they did not receive notice of their delinquency from the Association. Sometimes this assertion comes up after the Association files suit against the homeowner. Fortunately, the “Mailbox Rule” can allow the Association to overcome this allegation.Continue Reading The Mailbox Rule
Following the recall of Senator John Morse, Senate Democrats just elected Senator Morgan Carroll as the President of the Senate. For those of you who are political junkies, you know that Senator Carroll has been a pivotal player over the years on legislation pertaining to HOAs.
Just this past year, Senator Carroll sponsored in the Senate the…
A recent Fox News article brought to light a danger many people had not considered when looking to install solar panels on their roofs – the weight and electricity of solar panels can put fire fighters in danger when they try to put out flames. While solar panels and alternative energy are encouraged in Colorado, and covenants that effectively prohibit or restrict installation of solar are void and unenforceable, associations can impose reasonable restrictions for safety and aesthetics. Continue Reading Solar Panels and Safety
I’ve recently been following a blog that has been discussing how the paying members of a homeowners association can find out who is delinquent in paying their assessments. We’ve been asked many times over the years whether it is lawful, or wise, to publish the names of owners who are not current in the payment of their assessments. It is interesting, at least to me, the scope of opinions about this topic.
I take the position that any member in the association who is not paying his or her assessments is being subsidized by those who do pay. I believed that the member who is paying is entitled to know who they were subsidizing.Continue Reading Can You Disclose Who In Your Community Is Delinquent In Payment Of Their Assessments?
There’s no doubt about it that the flooding in Colorado has been absolutely devastating. In fact, insurance professionals are now classifying this natural disaster as a one thousand year flood event! If you are in the unfortunate position of having no insurance or inadequate insurance to cover your losses, check out this FEMA Fact Sheet on Federal Aid…
I previously blogged about the necessity of updating association collection policies and procedures as a result of recent legislative changes effective on January 1, 2014.
In addition to preparing a revised collection policy, associations are also required to send new collection notices which provide specific information to delinquent owners. The notices must provide the…
