March 2015

It’s that time of year again, when the weather is changing and people are spending more time….naked in their doorways?  No, this is not an early April Fool’s joke.  According the neighbors of the Cardinal Glen’s HOA in North Carolina, this is a problem they’ve had to deal with without any help from the police.  Because their neighbor remains within his home on private property, he is not legally indecently exposing himself, and criminal prosecution is not an option.
Continue Reading The Bare Facts about Covenant Enforcement

A week ago, I started a series of blog entries intended to debunk the myths being disseminated on Senate Bill 15-177 (“SB 177”) by a coalition of special interest groups led by the Metro Mayors Caucus and Denver Chamber of Commerce. This coalition has one goal and that is to destroy the rights of homeowners to adequately recover from builders for construction defects to their homes. 

The first debunked myth was that SB 177 will promote the construction of quality affordable housing. While it certainly didn’t take a rocket scientist to debunk that myth, the spin on affordable housing was just the tip of the iceberg for this coalition.

 

Myth Number 2: SB 177 Will Protect the Right of Homeowners and Builders to Rely Upon the Fundamentally Fair Arbitration Provisions in the DeclarationContinue Reading Debunking the Myths of SB 177: Installment Number 2

Following the rule making hearing last week, and much input from industry stakeholders, on March 9, 2015, the Colorado Department of Regulatory Agencies (DORA) adopted the permanent rules regarding managing licensing, effective upon expiration of the temporary rules on May 6, 2015. You can find the revised rules here: http://cdn.colorado.gov/cs/Satellite/DORA-DRE/CBON/DORA/1251651466155.

House Bill 15-1259  ("HB 1259") was just introduced in the Colorado House of Representatives to permit the use of rain barrels to collect water to irrigate lawns and gardens.  While there’s little question that this bill would affect water rights, from the HOA perspective, HB 1259 would also make it impossible for HOAs to prohibit the use of rain…

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As you all know, the July 1st deadline for Colorado community association manager licensing is fast-approaching. We’re hearing a lot of “buzz” about the Colorado law portion of the licensing exam. Many managers have asked for a consolidated review of Colorado laws to help prepare for the test. With your requests in mind, we are excited to announce classes on the areas of Colorado law that community association managers need to know. Continue Reading Manager Licensing Class Registration

A coalition of special interest groups, led by the Metro Mayors Caucus and Denver Chamber of Commerce, are behind the introduction of Senate Bill 15-177 (“SB 177”). While this bill was brilliantly crafted to provide immunity to builders for their construction defects, the spin being put on this bill is equally brilliant. In order to debunk the spin which has taken on mythical proportions, I believe it is essential to shine a light on their myths – one myth at a time.

Myth Number 1: SB 177 Will Promote the Construction of Quality Affordable Housing

 

If SB 177 passes both chambers of the Colorado General Assembly and is signed into law, there is no question that it will promote the construction of all housing – including affordable housing. What developer wouldn’t want to build homes if they won’t be held responsible for their construction defects? However, it doesn’t take a rocket scientist to figure out that providing builders with immunity does not promote quality construction. Continue Reading Debunking the Myths of SB 177: Installment Number 1