It is not uncommon for homeowners to wonder where all their dues are going.  Some owners might see their dues go up with no visible changes to the property and even get suspicious.  Of course, associations often bear a lot of expenses that are not directly related to property condition, such as insurance, management, and

I do not have a green thumb. Our new attorney, Doug, is an excellent gardener, so I am trying to figure out ways to convince him that beautifying my lawn is a requirement of his employment. I think he’s starting to figure me out.

I’m not the only one who wants a nicer lawn. Now that it’s Spring, many homeowners throughout Colorado are breaking out their shovels and trowels, turning their soil, and installing velociraptor lawn ornaments.


Continue Reading Jurassic Covenant Violations

Winzenburg, Leff, Purvis & Payne, LLP is pleased to announce free lunchtime teleconference classes for community association managers designed to help prepare managers to take the Colorado law portion of the licensing examination. While community association managers will not be required to be licensed until July 1, 2015, now is the time to start preparing for the examination on

WLPP attorney Doug Stallworthy recently wrote a post on transparency in association boards. His thoughts follow.

Transparency in decisions made by the board of a homeowners association fosters a sense of confidence in those decisions.  By following correct procedures for meetings on all issues, whether simple or complex, both the board and members will gain a familiarity with the process, and members may understand how complex the issues faced by a board really are.

When residents contact a board member about an issue in the community, the board member should always refer them to the HOA manager, ask the resident follow complaint procedures, or raise the issue at the appropriate time in an open meeting.  Board members should not give opinions or make decisions outside of a meeting. Open meetings allow the board as an entity to discuss an issue, and receive comments from interested members.


Continue Reading The Advantages of Transparency

If there is one thing people hate almost as much as an assessment increase, it is properly funding reserves.  Some owners look at those lonely accounts, chock full of unused cash just sitting there, and think, "Hey, let’s use that money now! That way, we don’t have to raise assessments this year!"  Other owners look at the reserves and wonder if perhaps it’s okay to defer reserve contributions until a time when finances loosen up.

Hogwash. 


Continue Reading Who needs reserves?

Winzenburg, Leff, Purvis & Payne, LLP, is pleased to announce that Doug Stallworthy will join the firm on February 10, 2014.  Doug previously focused his practice on real estate, commercial leasing, corporate law, civil litigation, community associations, and employment law.  At Winzenburg, Doug will focus on the transactional and business needs of community associations throughout

Covenant enforcement usually ramps up in our office in the spring, but we often receive phone calls from managers and Board members regarding holiday displays.  From elaborate constructions of holiday cheer to somewhat less friendly displays, we see just about everything.  A few reminders when considering whether the displays in your neighborhood are enforcement-worthy:

Do

Yet another homeowners association has found itself in hot water for potential violations of federal fair housing laws.  East of San Francisco, the Tennis Villas at Blackhawk association barred children from trick-or-treating at Halloween.  While the community is gated and "upscale," an upscale community does not have the right to adopt policies that have a

A recent Fox News article brought to light a danger many people had not considered when looking to install solar panels on their roofs – the weight and electricity of solar panels can put fire fighters in danger when they try to put out flames.  While solar panels and alternative energy are encouraged in Colorado, and covenants that effectively prohibit or restrict installation of solar are void and unenforceable, associations can impose reasonable restrictions for safety and aesthetics. 


Continue Reading Solar Panels and Safety

You may have heard that there is a "cloud" on the title to your property.  Generally speaking, a "cloud" appears when a recorded document indicates that some other person may have an interest in the property.  Liens, court orders, easements, and random documents can be recorded to cloud a title.  Some clouds aren’t really cloudy at all.  For example, while a mechanic’s lien may appear on your record, they expire quickly and become unenforceable.

Usually, a document clouding your title is there for a good reason.  If you don’t pay your taxes or HOA assessments, the unpaid entities will record liens against your property.  Remove the liens by paying your bills.


Continue Reading There’s a cloud on my title? What’s that?