The heat hitting Denver this weekend has reminded several clients to ask us to review their pool rules.  Community associations are "housing providers" under the Federal Fair Housing Amendments Act, and thus our pool rules need to comply with Fair Housing requirements.  

Fair Housing prohibits housing discrimination based on the following factors:

  • Race
  • Color

Congratulations to Molly Ryan of Metro Property Management, Inc. and Jared Theis of Community Management Specialists, Inc.!  You are the winners of our mint julep baskets.  We will be in contact with you shortly so you can claim your prizes.  Thanks to everyone who stopped by to see us at the CAI-RMC Spring Showcase.  We

It’s the first Monday of 2016, and while some of us might still be shaking off the eggnog, time passes and deadlines arrive.  Remember to comply with your annual disclosure and registration obligations before your deadlines arrive, and take some time for education while you’re at it!

Annual Disclosures. Within 90 days of the conclusion

Today, the Colorado Court of Appeals issued an opinion addressing the statutory declaration amendment process set forth in C.R.S. 38-33.3-217(7).  This process allows community associations that have sought to amend their declaration, and received fewer approvals than required to amend the declaration outright, to obtain a court order that approves the amendment notwithstanding the vote

Oh yes we can.

It is not unusual for us to encounter communities with strict restrictive covenants that have not been enforced in a strict manner.  Much of the time, this is due to apathy or ignorance.  In other circumstances, Board turnover results in more or less enforcement.  Some Boards hate to enforce against their neighbors, and offer so many variances the covenants might as well not even exist.  Some Boards will interpret documents in a manner different than other, future Boards, but when the documents remain the same, we have to figure out what to do to follow those documents in light of the community’s history.

A recent case in California provides a bit of guidance for those of us facing the historical enforcement challenge.  In The Villas in Whispering Palms v. Tempkin<!–, No. D065232 (Cal. Ct. App. May 18, 2015), No. D065232 (Cal. Ct. App. May 18, 2015) the California Court of Appeals held that an association board that had historically offered numerous variances to a one-dog rule was not required to offer variances.  The homeowner claimed the Board was unreasonable because it had provided variances and allowed multiple dogs in the past.  The Court ruled that the Association’s prior variances did not impact its ability to deny the requested variance.


Continue Reading You Can’t Enforce That!!!

NOW OFFERING

CLASSES FOR THE COLORADO LAW PORTION

OF

THE MANAGER LICENSE EXAM

 

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

I don’t typically make New Year’s resolutions because I believe that if something needs to be fixed, it should be fixed at that time – not on an arbitrary date.  However, many folks do like their resolutions, and I’ve heard several resolutions from my clients. 

We resolve to adopt our policies.  The responsible governance policies mandated by Senate Bills 100 and 89 have been required for nearly a decade!  Adopt your policies, already!


Continue Reading New Year’s Resolutions

My household includes a Grinch and a Clark Griswold.  "Clark’ wants to put up holiday decorations last weekend.  "The Grinch" thinks holiday decorations are overly-expensive cat toys to be avoided at all costs.  The Grinch received the following poem by Nena Groskind this morning, and somehow is now in a bit of a Christmas mood.  We hope you enjoy it as much as we have, and prepare reasonable rules and regulations in the spirit of the season!


Continue Reading A Community Christmas Carol (sort of)

In 2012, the Colorado legislature changed the laws governing community association records, including requirements that Board members’ e-mail addresses be retained as official records.  At first, many of our clients balked at the new requirement.  As many of you are aware, it’s very easy to allow electronic communications to become uncivil, and Board members didn’t want these communications going to their private or work e-mails.

To address these concerns, we recommend that our association clients create e-mail addresses for the Boards, and that the Boards pass these along to new Board members as they are elected.  This ensures continuity of communications for homeowners, and it also protects Board members from the risk of having their personal or work e-mails subject to discovery in the event of litigation.  Board members can also create their own personal association e-mail addresses, although this does not have the bonus side of maintaining continuity as the Board turns over. Either way, Board members should have dedicated association e-mail addresses.


Continue Reading Board Communications and E-mails