Homeowners and condominium association Boards of Directors have extensive powers to act on behalf of the Association. The actions a Board can take are broad and encompass all areas of Association governance. However, with great power comes great responsibility. Boards often take some or all of the following actions, but they need to do so with full consideration of the potential ramifications. Sure, you can do it…but should you?
Continue Reading Sure You Can Do It…But Should You?
Tenant Garnishment Without a Judgment? Really?
The Wall Street Journal is reporting on a new Florida law that allows condominium associations to essentially garnish the rent paid by tenants of a delinquent owner, without going through the process of obtaining a judgment against the owner and a writ of garnishment for the tenant. The Florida law only permits the association to demand money from the tenant – it does not allow the association to evict a delinquent owner and find tenants of its own.
When an owner fails to pay assessments, the burden falls on his neighbors who often have to pay higher assessments to make up the difference. Unlike Florida, Colorado associations are not permitted to demand money from a tenant, absent a court order and a writ of garnishment. Continue Reading Tenant Garnishment Without a Judgment? Really?
Sometimes Covenant Enforcement is a No-Win Situation
Homeowners associations are often faced with the challenge of enforcing covenants when that enforcement is not politically popular. Recently, an association in Louisiana directed a couple to remove a large, bright banner from their front yard. The association’s covenants only permit the display of real estate signs.
Unfortunately for the association, the banner expresses support for the couple’s son, who is a Marine in Afghanistan.
Continue Reading Sometimes Covenant Enforcement is a No-Win Situation
Down to Seeds and Stems (Again)?
I grew up in Boulder, but as I decided to attend college in Oklahoma, and have no chronic pain issues, I never participated in the annual “4/20 Day” festivities that occur on the CU campus. For those not familiar with the tradition, April 20 is the day when individuals either protest the illegality of marijuana by smoking in public, or smoke in public to, well, smoke in public.
When Colorado voters approved medical marijuana over ten years ago, the effects were not immediately felt. Everyone recognized that marijuana was still illegal at the federal level, even for pain management, but no one was quite sure how to handle distribution and enforcement at the local level.Continue Reading Down to Seeds and Stems (Again)?
Homeowners Associations: Keeping Property Values Out of the Toilet
9News recently published a story about a man in the Denver Highlands who is protesting the construction of a nearby duplex by putting multiple toilets and other items in his front lawn. According to the contractor constructing the duplex, the homeowner has resisted its construction from the beginning, and is now trying to discourage its sale.
The toilets and debris do not violate city ordinances or codes, and as the neighborhood was developed before common interest communities became commonplace, there is apparently no homeowners association to dictate lawn décor.Continue Reading Homeowners Associations: Keeping Property Values Out of the Toilet
House Bill 1124 Signing Ceremony
Winzenburg, Leff, Purvis & Payne attorneys Molly Foley-Healy and Suzanne Leff attend the signing ceremony of House Bill 1124, addressing conflicts of interest. Take advantage of our free conflicts of interest policy review!
Scam Targets Associations and Nonprofits
I just got off the phone with the manager of one of my more “entertaining” associations. After discussing an upcoming meeting, I asked her if the association was registered with the HOA Information Office. For more information on this registration, click here. She said they were properly registered, but she had received a surprising bill from the
When Life Gives You Lemons…Talk to Your HOA Before Making a Lemonade Stand
A Florida homeowners association recently took action to shut down a lemonade stand run by children ages five through ten. I remember the misspent days of my youth, sitting on the corner on a sunny summer weekday, wondering why no one in my rural neighborhood stopped by to sample my watered-down Countrytime…
Of course, I had five neighbors within a mile, and they all worked on Tuesdays. It appears the children in Florida have a better business plan – they are selling lemonade in an actual neighborhood. Their association, however, has taken the perspective that such sales are an impermissible commercial activity, prohibited by the association’s governing documents.Continue Reading When Life Gives You Lemons…Talk to Your HOA Before Making a Lemonade Stand
HOAs Going to the Dogs
Members of the Hillbrook-Tall Oaks Civic Association in Annandale, Virginia, recently elected a dog as President of their association. When asked to vote for the office, residents unanimously elected Ms. Beatha Lee on her strong platform emphasizing her outdoor interests and neighborhood activities.
For the full article, see:
http://www.washingtonpost.com/wp-dyn/content/article/2011/02/18/AR2011021807506.html
While the idea of residents unwittingly electing
The Importance of Civility
The recent violence in Arizona and the convention of the 112th Congress have brought thoughts of civility to the front of many of our minds. Even in Colorado, legislators bicker over whether to adopt a civility pledge.
People have differences of opinion at all levels of governance – homeowners and condominium associations included. Sometimes these differences are based in a genuine disagreement over what is best for the community. Other times, the disputes arise out of personal feelings, partisanship, and even the desire to cause discord.Continue Reading The Importance of Civility