Winzenburg, Leff, Purvis & Payne, LLP

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The Community Associations Institute (CAI) held its annual Law Seminar this year from February 22-24 in New Orleans.  All the attorneys from our office were able to attend and discuss current trends in HOA law with colleagues from around the country.  Topics this year included "Cyber Issues and Electronic Voting", "7 Deadly Fair Housing Sins of Community Associations", and "The Latest Trends in Rental Restrictions".  Much was learned and a good time was had by all.Continue Reading Attorneys Attend CAI Law Conference

HELLO all board members, homeowners, and those interested in HOA law.  As part of a regular feature on the blog, I will be posting a recap of an important (and hopefully interesting) issue that has been recently addressed by our office.  Since we find that the same issues tend to repeat themselves often, it is likely that you will read something your association has faced in the past.  I hope you find this feature both informational and entertaining.

This weeks topic: Who pays the deductible on the Association’s insurance policy?

A few weeks ago this question was posed to us by a mid-size condominium association following a water leak within a Member’s Unit.  Apparently the Member’s hot water heater burst, causing significant damage to the Unit’s drywall and flooring.  Shortly after the accident, the Member contacted the Association seeking to make a claim on its hazard insurance policy.  Since the Association’s policy covered the interior of the Member’s Unit, and the damages exceeded the policy’s $1,000 deductible, the Association agreed to file a claim with its insurer.  However, the Association did not know who should pay the deductible amount.
Continue Reading Who Pays the Insurance Deductible?

This past Sunday’s edition of the Denver Post featured an article on the delay homeowners associations are experiencing with the removal of holiday lights and decorations by owners.  The article states that due to the unusually harsh winter, associations are relaxing their normal enforcement of restrictive covenants that require decorations to be removed within 30…

The Jefferson County District Court ruled last week that a condominium association can prohibit smoking in their four-unit building.   The Heritage Hills #1 Condominium Owners Association amended its bylaws to ban smoking after an owner complained about smoke seeping into her unit.  The District Court upheld the bylaw change stating that second hand smoke "constitutes a nuisance"…

Today, community associations are being challenged to provide services for the full breadth of members. A challenging area is accommodating the needs of disabled members.  The Fair Housing Act require associations to make “reasonable accommodations” for those with needs. The goal of these laws is to make it possible for a disabled person to live within the community by granting and maintaining an exception to the rules of the Association.   An example of such an exception would be to the parking rules.Continue Reading How The Fair Housing Act Applies To Your Association

As many of you are probably aware, Colorado recently passed Senate Bill 06-089, legislation intended to clean up provisions from last year’s SB 05-100.  Both Bills modify and add provisions to the Colorado Common Interest Ownership Act (“CCIOA”).  SB 089 creates a number of important new requirements for associations and homeowners, including …

A homeowner files bankruptcy, now what? First and foremost, all collection activity must stop in accordance with the Automatic Stay until the case is dismissed, an Order for Relief from Stay is granted, or the debtor receives a discharge. Second, the association must determine what type of bankruptcy has been filed. Individuals commonly file for bankruptcy protection under Chapter 7 or Chapter 13, and the type of bankruptcy will determine what steps an association must take to protect its interests. In this article, we will look at Chapter 7 bankruptcy.
Continue Reading Chapter 7 Bankruptcy and your Association