On Friday, October 23rd, we will be making the move to our new offices located at 8020 Shaffer Parkway, Suite 300 in Littleton, Colorado! In order to facilitate our move, we will not have phone or email service on Friday. While we regret any inconvenience this may cause, we will be back up and running normally
October 2014
I Can’t See the Forest for the Yard Signs
We are fifteen days from the 2014 midterm elections, and candidates are undoubtedly working hard to get those elusive swing voters to the polls. Yard signs are one tool that candidates use to build name recognition and sway votes. A multitude of signs for federal and state political offices, as well as several ballot initiatives, are jostling for real estate this year. In years past, community associations could rely on restrictive covenants to prohibit political signs from disrupting the neighborhood aesthetic. But, since 2005, Colorado law has outlawed any outright prohibition of political signs in covenant-controlled communities. Colorado statutes provide guidance on what political signs associations can regulate, where signs can be placed, and when political sign regulations can apply.Continue Reading I Can’t See the Forest for the Yard Signs
We’re Moving and Taking You With Us!
Our law firm is moving to new offices this month and we promise to take you with us! Beginning on Monday, October 27th, our new address will be:
Winzenburg, Leff, Purvis & Payne
8020 Shaffer Parkway, Suite 300
Littleton, CO 80127
Our telephone number will remain the same – (303) 863-1870
On Friday, October 24th…
I object (to your shed), your Honor!
A judge in Michigan recently sued her homeowner’s association seeking a declaratory judgment (a judgment from a court that determines the rights of parties without ordering anything be done or awarding damages) that the more than six foot tall shed she installed in her yard does not violate the association’s covenants. The homeowner’s association claims the shed violates a deed restriction in the covenants and the association has threatened to sue the judge if she doesn’t remove or downsize it.
Board Communications and E-mails
In 2012, the Colorado legislature changed the laws governing community association records, including requirements that Board members’ e-mail addresses be retained as official records. At first, many of our clients balked at the new requirement. As many of you are aware, it’s very easy to allow electronic communications to become uncivil, and Board members didn’t want these communications going to their private or work e-mails.
To address these concerns, we recommend that our association clients create e-mail addresses for the Boards, and that the Boards pass these along to new Board members as they are elected. This ensures continuity of communications for homeowners, and it also protects Board members from the risk of having their personal or work e-mails subject to discovery in the event of litigation. Board members can also create their own personal association e-mail addresses, although this does not have the bonus side of maintaining continuity as the Board turns over. Either way, Board members should have dedicated association e-mail addresses.Continue Reading Board Communications and E-mails