Winzenburg, Leff, Purvis & Payne, LLP

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Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties are ordered to attend mediation prior to scheduling a trial. In some instances, however, even if not court ordered, it may be beneficial for the parties to attend mediation depending on the facts of the case.Continue Reading What is Mediation?

Reasonable is a term that is used a lot in the world of homeowner associations. It is a term that can have different meanings depending on who is interpreting the term and in what context the term is being used. According to Meriam-Webster’s Dictionary, the term reasonable means, “1a : being in accordance with reason; b : not extreme or excessive; c : moderate, fair; d : inexpensive; 2a : having the faculty of reason b : possessing sound judgment. As you can imagine, it can be difficult to interpret what one person thinks is reasonable in comparison to another and can present problems when attempting to resolve issues. Continue Reading What is “Reasonable”?

We always advise Associations to look to their governing documents for operational guidance. However, it is extremely important that the Association’s governing documents are consistent with one another and most importantly, with the Declaration.  

The Declaration is the controlling document, so Associations should first make sure their Policies and Rules and Regulations are consistent with the Declaration. This can be important in the day to day activities of the Association as well as in litigation. A court will look first to the Association’s Declaration for authority, and if anything in the Policies or Rules and Regulations conflicts with the Declaration, the Declaration’s terms will control.  That is not to say that Policies or Rules and Regulations cannot add to or elaborate specifics about the Association’s Policies and Rules; they simply cannot contradict the terms of the Declaration. Below are some examples.Continue Reading Consistency is Key in Governing Documents

Colorado law provides that an association is entitled to a super-priority lien “super lien” for assessments which would have come due during the six months immediately preceding the filing of a foreclosure action by an association, or a party holding the first Deed of Trust.Continue Reading Protecting the Association’s Right to Collect the Super Lien

I previously posted a blog regarding the importance of the Notice of Bankruptcy. Here is a story of just how important this Notice can be and the consequences of not paying close attention to receiving this Notice. 

As you can see after reading this article, the Bankruptcy Court takes very seriously the protections afforded to a…

There is often confusion as to the difference between liens against property and the personal obligation of a homeowner. Typically, this issue arises when a homeowner files for bankruptcy. The Association needs to distinguish between the personal obligation the Association can collect from the homeowner, and the lien that attaches to the property and can be collected upon the sale of the property or by foreclosing against the homeowner.  Continue Reading Lien and Personal Obligation – What’s the Difference?

While a ledger may seem like a simple accounting device, it is actually an extremely helpful tool in assessment collection. A ledger is not just a document full of numbers. Ledgers – well, good ledgers – allow an Association, homeowner, Association’s attorney and even a court to see the timeline of events that have happened since the homeowner took title to the property – you could even say it tells a story. They pinpoint the date the account became delinquent and how it has progressed since that time. They can also be a key piece of evidence at trial. A good ledger can be the difference between being able to collect a delinquent balance and having to make the difficult decision to write off amounts that would otherwise be considered due and owing.Continue Reading Ledgers of the Fall

It’s important that associations follow their governing documents and understand the procedures they should follow when dealing with collection of assessments, fines and other fees. The easiest way to do this is to review the association’s governing documents and the relevant provisions having to do with collections of delinquent accounts. This is especially important should the file proceed to court as a judge will review the case to determine whether the association followed its own rules before finding against a homeowner who did not. Continue Reading Collections: Are you following the rules?

Bad checks, also known as bounced checks, non sufficient funds, insufficient checks, and dishonored checks, can be a big problem for an Association.  In Colorado, the law allows the recovery of damages for those who receive checks that are subsequently returned for non sufficient funds. Under Colorado Revised Statute 13-21-109, the “maker” of a check (i.e., the person who wrote the check) can be liable to the “holder” (i.e., the Association) of the check if that check is not paid upon its presentment to the bank or other depository.Continue Reading Recovery of Treble Damages for “Bad Checks”