It’s that time of year again when Boards are planning for the New Year. If your Association has increased (or even decreased) its annual assessment fees for 2015, it is important that the Association follow its governing documents when providing notice of the change to all owners.
In addition to providing owners with proper notice…
The law firm of Winzenburg, Leff, Purvis & Payne, LLP is proud to announce that Molly Foley-Healy has been admitted to the College of Community Association lawyers. Molly is now one of fewer than 150 lawyers nationwide to be admitted to this prestigious organization, and joins Mark Payne as the firm’s second CCAL member. CCAL was established in 1993 by Community Associations Institute (CAI), with membership limited to attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL members are also recognized for their commitment to high standards of professional and ethical conduct.Continue Reading Molly Foley-Healy Admitted to College of Community Association Lawyers
My household includes a Grinch and a Clark Griswold. "Clark’ wants to put up holiday decorations last weekend. "The Grinch" thinks holiday decorations are overly-expensive cat toys to be avoided at all costs. The Grinch received the following poem by Nena Groskind this morning, and somehow is now in a bit of a Christmas mood. We hope you enjoy it as much as we have, and prepare reasonable rules and regulations in the spirit of the season!Continue Reading A Community Christmas Carol (sort of)
With single family home prices continuing to rise, many homeowners are electing to downsize by purchasing more affordable condominium units. Additionally, a condominium is now becoming the only affordable option for many first time homebuyers.
Continue Reading Dear FHA: Please Loosen Lending Requirements!
If you are like me, you will be happy when the election is over tomorrow and the nasty political ads are off the air for a couple of years. However, regardless of your party affiliation or beliefs, I hope you take the time to cast your votes and return your ballot. After all, we live in the greatest democracy on the planet and voting is at the heart of our fundamental rights.
The election also got me thinking about HOA annual meetings and the election of directors. While hopefully your HOA is drama free and every member votes, I thought this was a great time to remind boards, managers and homeowners about the requirements for utilizing secret balloting.
The Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-310, requires secret ballots be utilized at membership meetings under the following circumstances:
● Secret ballots must be utilized for contested positions on your board of directors. Simply put, this means secret ballots must be used when there are more folks running for the board than there are open seats. The requirement does not apply if your governing documents provide for the election of directors through delegates who cast votes on behalf of a segment of the membership.
● Secret ballots may be used at the discretion of the board of directors. Some boards like to use secret ballots for every item which is voted upon at a membership meeting. This gives members the ability to cast their vote without any perceived pressure from the board or their neighbors.
● Secret ballots must be utilized on any issue where 20% of the owners, present in person or by proxy at the meeting of the members, request use of a secret ballot on an issue.
Once votes are cast at a membership meeting by secret ballot, here’s what you need to know:Continue Reading Secret Ballots in HOA Elections – Keeping it Drama Free!
