April 2014

Winzenburg, Leff, Purvis & Payne, LLP is pleased to announce free lunchtime teleconference classes for community association managers designed to help prepare managers to take the Colorado law portion of the licensing examination. While community association managers will not be required to be licensed until July 1, 2015, now is the time to start preparing for the examination on…

Community associations often deal with situations that they must disclose to buyers or lenders as part of the documentation provided in a real estate transaction. Typical disclosures that associations must give include (1) whether the association is involved in litigation and (2) whether a special assessment has been levied. Litigation and special assessments seem easy enough to disclose. But the obligation to disclose, or the liability for not disclosing, is less clear with respect to threatened litigation or a special assessment under consideration but not yet approved. Associations should consult with legal counsel when a situation does not fall squarely within the mandatory disclosure categories. Failure to disclose may result in liability for the association, but giving too much information can also cause problems for an association.

As examples, associations tread into murky disclosure areas with respect to the following areas:

Ongoing disputes between the association and a particular owner or group of owners that does not involve litigation. In general, associations should neither hide nor embellish the facts regarding an unhappy owner’s impact on the community. A protracted dispute, much like a potential lawsuit or special assessment, is not a mandatory disclosure for associations or sellers.Continue Reading Full Disclosure: How much is too much?

WLPP attorney Doug Stallworthy recently wrote a post on transparency in association boards. His thoughts follow.

Transparency in decisions made by the board of a homeowners association fosters a sense of confidence in those decisions.  By following correct procedures for meetings on all issues, whether simple or complex, both the board and members will gain a familiarity with the process, and members may understand how complex the issues faced by a board really are.

When residents contact a board member about an issue in the community, the board member should always refer them to the HOA manager, ask the resident follow complaint procedures, or raise the issue at the appropriate time in an open meeting.  Board members should not give opinions or make decisions outside of a meeting. Open meetings allow the board as an entity to discuss an issue, and receive comments from interested members.Continue Reading The Advantages of Transparency

The Colorado Division of Real Estate has developed proposed rules for the licensure of community association managers. Those rules have just been published for public comment. That means that every citizen in Colorado has an opportunity to review the proposed rules and provide comment to the Division of Real Estate on them. 

The Manager Licensure Task Force ("Task Force") of CAI’s Colorado Legislative Action Committee (“CLAC”), has prepared a communication that will be sent today to all members of CAI in Colorado. That communication will provide this link to the proposed rules and encourages members of CAI to provide their comments to the Division of Real Estate and the Task Force. The Task Force will be submitting comment on behalf of CAI to the Division and would like input from CAI members prior to submitting their comment.Continue Reading Proposed Manager Licensure Rules Published for Public Comment

Spring is in the air and I think it’s time to rethink the look of our home exterior and landscaping for the summer. Lately, I’ve been looking back a bit on my younger years when life was full of adventure and wonder. There’s no better way to recreate that feeling than to go with a retro theme for our house and yard. I’m inspired now and here’s what I’m thinking:

● Paint the house a lovely shade of pea green;

● Use recycled bowling balls as edging for the flower gardens;

● Hit yard sales this weekend and hunt down 6 or so of those “house butterflies” that were so popular in years past (make sure to spray paint them burnt orange, lime and gold before attaching them to the house in strategic locations to give our neighbors maximum enjoyment);

● Find a cute fountain that mimics a little boy peeing in the grass (that would be perfect for the front yard near the culdesac);

● Bury 1/3rd of an old claw foot bathtub in the ground and place a statue of the Virgin Mary in it (some might think that’s sacrilegious – so probably not a good option);

● Find weathered statues of Snow White and the Seven Dwarfs and place along the edge of the yard near the culdesac for the neighborhood children to enjoy;

● Last, but not least, make sure to find a statue of Bambie to place by the tree in the front yard right next to the mooning garden gnome. 

 

"You know your neighbors will love me."

 

 Continue Reading Dreaming of My Younger Years and a Retro Landscape