Is your association increasing, or even decreasing, its annual assessment fees for 2018? If so, 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 of any change, the association should also notify its attorney. This will help to ensure that any accounts and/or payment plans that are with the attorney for collection are properly noted, and any increase is accurately accounted for and collected.

In addition to payment plans that may be affected by the increase of assessment fees, there are also notification requirements and deadlines the association must comply with for certain owners who have filed for bankruptcy.  Advising the association’s attorney of any change will allow the attorney to take the proper measures to ensure that the association retains the right to collect the new assessment fee.

If you haven’t already notified your attorney that your assessment fees have changed, or will change, for the New Year, pick up the phone or send an email to your attorney – I’m sure he or she would love to hear from you!

Is your association increasing, or even decreasing, its annual assessment fees for 2017? If so, 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 of any change, the association should also notify its attorney. This will help to ensure that any accounts and/or payment plans that are with the attorney for collection are properly noted, and any increase is accurately accounted for and collected.  

In addition to payment plans that may be affected by the increase of assessment fees, there are also notification requirements and deadlines the association must comply with for certain owners who have filed for bankruptcy.  Advising the association’s attorney of any change will allow the attorney to take the proper measures to ensure that the association retains the right to collect the new assessment fee.

If you haven’t already notified your attorney that your assessment fees have changed, or will change, for the New Year, pick up the phone or send an email to your attorney – I’m sure he or she would love to hear from you!

According to the Denver Post, former Denver Broncos head coach Mike Shanahan is selling his home in Cherry Hills Village for $22 million. While the home is definitely stunning, the monthly assessments are listed at $8,814.00 a month – which adds up to more than $105,000.00 a year! It’s not clear what exactly the assessment covers, but the mansion does have a racquetball court, a golf simulator, a bowling alley and a pool. I don’t know about you, but I would love to see the annual budget for this Association.

As previously blogged by Molly Foley-Healy, in Colorado, Boards of Homeowner Associations are required to provide a summary of the proposed budget they have adopted to the homeowners in their Association and to notice a budget ratification meeting for consideration of the budget.  If at the meeting a majority of all owners (or a larger percentage as specified in the declaration) do not vote to veto the budget, the budget is automatically deemed approved – regardless of whether quorum is present at the meeting.

So next time you think your assessments are too high or want to complain about an increase in your assessments, just think – you could be paying what many people pay to purchase a home in a years’ worth of assessments!

Has your association increased, or even decreased, its annual assessment fees for 2016? If so, 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 of any change, the association should also notify its attorney. This will help to ensure that any accounts and/or payment plans that are with the attorney for collection are properly noted, and any increase is accurately accounted for and collected.  

 

In addition to payment plans that may be affected by the increase of assessment fees, there are also notification requirements and deadlines the association must comply with for certain owners who have filed for bankruptcy.  Advising the association’s attorney of any change will allow the attorney to take the proper measures to ensure that the association retains the right to collect the new assessment fee.

 

If you haven’t already notified your attorney that your assessment fees have changed for the New Year, pick up the phone or send an email to your attorney – I’m sure he or she would love to hear from you!

 

By now, we all know that prior to an association turning a delinquent account over for collections, certain procedures under CCIOA must be followed. One of those procedures is sending of a notice of delinquency to a delinquent owner that includes the following information: (1) the amount due with an accounting of how the total was determined, (2) a statement as to whether the opportunity to enter into a payment plan exists and instructions for contacting the community association manager and/or board member to enter into such a payment plan, (3) the name and contact information for the individual the unit owner may contact to request a copy of the unit owner’s ledger in order to verify the amount of the delinquency and (4) a statement that action is required to cure the delinquency and that failure to do so within thirty days may result in the unit owner’s delinquent account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the unit owner’s property or other remedies available under Colorado law.

Continue Reading CCIOA v Collection Policy

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

You probably read plenty of articles on our blog in which we remind associations to ensure they have adopted and are enforcing their responsible governance policies and rules and regulations.  While owners have a legal obligation to comply with the covenants and rules, this may not extend to rules that are in violation of or contrary to local, state or federal law.

Continue Reading Hierarchy of Rules

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 of any change, the Association should also notify its attorney.  This will help to ensure that any accounts and/or payment plans that are with the attorney for collection are properly noted, and any increase is accurately accounted for and collected.

This will also allow the attorney to take the proper measures to ensure that the Association retains the right to collect the new assessment fee against certain owners who have filed for bankruptcy.

If you have not notified your attorney that your assessment fees have changed for the upcoming year, now would be a good time! 

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.   

Continue Reading I object (to your shed), your Honor!