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?
I think I’m pretty spoiled. I only have to deal with bad weather when I choose to. My garage at home is attached, and my garage at work occupies the lower levels of the building. Sometimes I forget a jacket on winter days and don’t realize it’s a problem until I have to go outside.
As everyone who has been within fifty feet of me during the college football season is well aware, I am a proud alumna of the University of Oklahoma. I arrived in Norman two years after the bombing of the Murrah building; two years after my arrival, I witnessed the May 3, 1999 F5 tornado that destroyed Moore. Today, I watch the news and worry about my friends and loved ones who have been impacted by the most recent storms. While I was born and raised in Colorado, I will always be a Sooner.
Of course, as a community association attorney, I also see this destruction as a crucial lesson for my clients. It’s important that association boards understand and recognize the impact that natural disasters can have on their communities, and prepare accordingly.Continue Reading Breaking Through These Times of Trouble
House Bill 1276, the "HOA Debt Collection" bill, just passed through its second reading in the House.
The bill has been revised to address association lien assignment. Previously, there was a potential loophole by which an association could assign a lien to a third party, who could then foreclose sooner than the association. Now
All Colorado community associations are required by the Colorado Common Interest Ownership Act ("CCIOA") to adopt responsible governance policies governing issues like collections, meeting procedure, and records inspection. CCIOA does not provide a lot of guidance for the terms of these policies, but the policy regarding enforcement of covenants and rules and the imposition of fines, must provide the following:
These minimal guidelines do not address a question we frequently see from our clients: "Do I have to tell my neighbor I ratted him out?"
Many homeowners prefer the option of anonymity when making a covenant violation complaint. The reasons for the preference are obvious – it allows the complainant some measure of protection from an irate neighbor, and can encourage free and open violation reports.
Photo courtesy of http://theduty.tumblr.com.Continue Reading Pssst…My Neighbor is Violating the Covenants!