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Lindsay S. Smith

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Lindsay Smith is a partner at WLPP Law, where she practices in general community association and real estate law. She provides legal representation in covenant enforcement, document amendment, and general association litigation; contract and document drafting and review; general business and governance advice for association clients; and meeting protocols.

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Wrong.

Yes, you are a member of a homeowners association. With that membership comes rights and responsibilities, such as the obligation to comply with the association’s governing documents and to pay assessments, and the right to select the people who will represent you on the Association’s Board of Directors.

It’s important to remember that as a member of an association, you are represented by the Board – you do not have the power as a member to act for the association.  Much like you’re represented in Congress by Mike Coffman or Diana DeGette, you are represented in your association by your Board members.  It is the Board’s obligation to take actions for the association.  Sometimes, these actions are different than the action you would’ve taken in the same position.

Your difference of opinion with your Board does not, however, give you the right to interfere with the association’s actions, taken through and approved by the Board.Continue Reading But I’m a Member! I’m Allowed to Stop That Contractor…Right?

Stephane Dupont, the head of our collections department, is also an avid home brewer.  He recently brought several bottles of his India Pale Ale to share with the office, and so Friday evening found me with a frosty mug (per Stephane’s explicit instruction) and a Mad Men DVD.

The juxtaposition of beer with work, and the Mad Men DVD got me to thinking about how business is conducted today, versus the way it worked back in the 1960s.  According to Mad Men, men (because they were all men) would gather around a bottle of scotch and conduct business through the haze of cigarette smoke.  This wouldn’t fly today, but it seems some homeowners associations haven’t gotten the memo.

We’ve had association board meetings open with uncorking a bottle of wine.  Seriously.  While we believe that a congenial atmosphere and neighborliness are good things to encourage in the association context, boards must always remember that they are conducting business, not throwing a party. Continue Reading Take a Bottle Drink it Down…Pass it Around….

Associations are obligated by Colorado law, and often their governing documents, to retain certain documents and make them available to owners upon request.  A formal document retention policy can also assist an association that finds itself engaged in litigation.  With more and more associations conducting some business and discussions over e-mail, the requirements of electronic discovery can create additional document retention burdens.

Failure to properly retain documents may result in fines or other penalties if the matter goes to court. Courts expect retention policies to be reasonable; however, what is reasonable depends on the surrounding circumstances. Some factors to keep in mind include the type of document, statutory requirements, and the likelihood of litigation.

Many associations have placed certain association documents online.  These documents may be available to all members with a password, or they may even be available to anyone with the ability to Google.  While there are several advantages of online documents, including greater transparency for members, they also create a number of questions regarding what documents should be retained, where they should be stored, and for how long.Continue Reading Document Retention and Your Association: What You Need To Know

The Denver Post recently ran an opinion piece about underwater homeowners who decide to walk away from their obligations entitled "The Wisdom of Walking Away From Your Mortgage."  In one case, the owner – who made a $100,000 annual salary and invested in multiple real estate clubs – walked away from his $435,000 mortgage to rent a less expensive property.

The tone of the piece indicates some owners believe they are entitled to walk away from a bad bargain because so many banks took bailout money.  It neglects to acknowledge that many banks did not take bailout money, but are still being lumped together with the evil corporate behemoths that did.   The sense of entitlement that permeates the article is offensive to anyone who still believes that parties should abide by the agreements they make.  Perhaps I’m old fashioned, but as a lawyer, and as a community association lawyer with an emphasis in covenant enforcement, I tend to think that contracts are a good thing that should be respected by both parties.Continue Reading “She said I want to walk away and start over again….”

Suzanne Leff and I have had a heated discussion this afternoon regarding the issues of animal hoarding, stray cats, and an Association’s related responsibilities and powers.  We were inspired by this story, in which a "cat lady" defeated her HOA’s notices of violation.  The cat lady provided food and shelter to stray cats, and had been doing so for several years – with the Association’s knowledge and consent.

The Association then determined that the stray cats she fed and sheltered constituted a nuisance and that she was feeding wildlife in violation of the covenants.  In addition, she’d erected a small feeding structure in violation of the covenants.  After multiple hearings, the Association backed down from its position, creating a victory for feral cat lovers everywhere.

Suzanne Leff is somewhat heartless and thinks the Association should not have permitted the cat lady to continue her feline-atarian activities.  Gina’s primary concern is whether the cats have assets that could be collected in the event the cat lady fails to pay her assessments.

I take a different perspective.  This is yet another case of an overbearing HOA dictating what owners can and can’t do on their own property.  The cat lady’s actions ultimately save lives, decrease governmental spending on animal shelters, and provide an endless supply of lolcat pictures.Continue Reading Crazy Cat Lady or Loving Animal Caregiver?

A condominium association in Jeffersonville, Indiana is facing litigation after an elderly resident assaulted an association employee.  Seventy-two year old Betty Haley tried to chest bump (really!) employee Reid Blasi out of her way when he blocked her exit from the pool at the Harbours Condominiums.  You can see the video here.

In response to the chest bump, Mr. Blasi pushed Ms. Haley backwards into the pool.

Big mistake.

Ms. Haley had previously been banned from the pool for "excessive splashing," but continued to use the facilities.  As an aside, what can a 72-year-old woman do that constitutes excessive splashing?  Were the other people at the pool upset they were getting wet?  When does splashing cross the line from enthusiastic to excessive?

To top it all off, mysterious posters of Ms. Haley with sketched-in devil horns have appeared throughout the condominium, calling for her "dead or alive – preferably dead."

We can’t make this stuff up.

Banned for excessive splashing (and being the Prince of Darkness).

Continue Reading Chest Bumping and Excessive Splashing

Every member of an association has something unique they can contribute to their Board.  Board members with backgrounds in insurance, landscaping, law, and construction often provide expertise most people don’t have and become invaluable to an association.  Even without relevant experience, your unique perspective can help your association function better.  You may be considering taking the leap to become a Board member.  We always welcome interest from new and past members, but recommend you do a little thinking before you submit your name for Board consideration.Continue Reading So You Want to be a Board Member…

As regular followers of this blog are aware, Colorado homeowners associations cannot effectively prohibit the installation of renewable energy devices on individual homes and units, although they can impose reasonable restrictions on the devices.  Molly Foley-Healy addressed this matter in detail back in May.

Today, the Denver Post published a story about the Acres Green Homeowners’ Association and its fight against the Douglas County School District’s attempt to install solar panels on the ground near Acres Green Elementary.  The Association argued to the Douglas County Planning Commission that the solar panels would constitute a potentially dangerous eyesore, and the problem could not be effectively mitigated by screening the panels from view.  The School District could not install the panels on the school’s roof because, after contracting for this installation, it was determined the roof couldn’t support the project.

Not in your backyard? Hope your HOA agrees…Continue Reading Your HOA Can’t Stop You From Installing Solar Panels – But it Can Stop the School District!

A Florida homeowners association recently decided to waive $20,000 in fines accumulated by a homeowner who abandoned her property to her lender.  It appears that owner Linda Conti overestimated her ability to purchase the home, and planned to turn the property over to the bank with a deed in lieu of foreclosure.  She moved out before the bank took title, and as a result the property’s front lamp was left unlit for over a year.  This violated the association’s covenants, and the association levied a $50.00 fine every day, resulting in $20,000 in fines and several thousand dollars in attorneys’ fees.

 Continue Reading Dim-Witted HOA Finally Sees the Light

I don’t watch NASCAR, in spite of my vaguely southern roots.  I prefer sports with more action and bloodshed – like homeowners association meetings.  Todd Bodine is a NASCAR driver, an HOA member, and apparently a fan of tiki huts and pool houses.  Bodine constructed a tiki hut and pool house on his property, and after four years of dispute and litigation, the North Carolina Supreme Court sided with his Association.  The Association claimed the hut and house were not approved, and had to be removed.

Continue Reading Even NASCAR Drivers Don’t Get to Cut Corners for HOA Approval