As of the moment of this writing, we are in the thick of vote counting in our national election, with allegations of fraud, cheating, and mishandling ballots running rampant. On the flip side are allegations of voter intimidation and ballot counting intimidation. While these stories surely affect all of us in different ways, even though
Mark K. Payne
BOARD ACTION WITHOUT A MEETING – WHAT’S THE BIG DEAL?
We all know that the primary function of a community association’s Board of Directors is to do the business of the association, right? In fact, significant parts of most declarations and bylaws are devoted to setting out the powers and authority of the Board. If a community was formed on or after July 1, 1992,…
Budget Consideration for Pre-CCIOA Communities
As reported here last month, Colorado House Bill 18-1342 becomes effective July 1, 2018. It was signed by the Governor’s office on June 8, 2018. It requires that all common interest communities, except those in which the declaration contains maximum assessment amounts or limits the increases in the annual budget, follow the process set out in Section 303(4) of CCIOA, which requires that the association’s board of directors adopt the annual budget. Then, within 90 days after adoption of the proposed budget, the board must mail, or otherwise deliver (which may include posting on the association’s website), a summary of the budget to all owners and set a date for a meeting for the owners to consider the budget. The meeting must take place within a reasonable period of time after the mailing or delivery, and in accordance with the association’s bylaws. Notice of the meeting must be provided as required by the bylaws.
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Continuing the WLPP Warehouse Lecture Series – Continuing Education for Community Association Managers
Our Warehouse Lecture Series offers regular half-day class sessions, providing four hours of DORA-approved Community Association Manager Continuing Education credits. The second session of 2018 is scheduled for Friday, June 15, 2018. The classes will take place in our warehouse classroom behind our offices in Ken-Caryl. Session topics include Fair Housing Accommodations and Modifications,…
Big Changes to Pre-CCIOA Budget Approval Processes Coming July 1, 2018!
As the title of this post suggests, as of July 1, 2018, there are big changes coming to those communities formed before July 1, 1992. Seemingly out of the blue, our legislature this year decided with little fanfare that it was time to undertake a relatively significant amendment to the budget provisions of the Colorado Common Interest Ownership Act. House Bill 18-1342, which passed out of the legislature and is now sitting on Governor Hickenlooper’s desk (and which is expected to be signed, or in the absence of a veto will automatically become law), requires ALL non-exempt Colorado community associations, with certain limited exceptions, to follow the budget consideration process set forth in CCIOA. The exceptions apply to communities formed before July 1, 1992 where the declaration sets a maximum assessment amount or limits increases in an annual budget to a specific amount and the budget proposed by the executive board does not exceed the maximum amount or limits set in the declaration.
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WLPP CAM Continuing Education Classes
Mark your calendars! Winzenburg, Leff, Purvis & Payne, LLP is pleased to announce the Warehouse Lecture Series. On May 4, 2017, May 11, 2017, and June 16, 2017, WLPP will hold classes designed to help managers obtain credits they may need to complete their DORA Continuing Education requirements, as well as to help Board members better understand community association governance and operations. The May 4 and June 16 classes will be held at our offices in Ken-Caryl. Our class on May 11 will be held in Aspen.
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New Addition to WLPP
Winzenburg, Leff, Purvis & Payne is pleased to announce that Brianna Schaefer has joined our firm. Brianna is an accomplished attorney specializing in the practice of community association law and is an outstanding addition to our law practice. Brianna has been practicing in HOA law since 2004 and has primarily focused her practice in the areas of collections and foreclosure. She enjoys finding creative ways to assist communities to thrive financially and encourages open communication between board members and owners. She is also an enthusiastic educator and enjoys developing and teaching classes on association related topics.…
FHA Condominium Owner-Occupancy Requirements
As we’ve discussed earlier this year, Congress recently passed the Housing Opportunity Through Modernization Act (HOTMA), which was signed into law by President Obama on July 29, 2016. While the act addresses many aspects of housing and federal housing assistance, of particular interest to us and some of our clients is one part of the act that addresses FHA Mortgage Insurance for Condominiums. The act requires that the Secretary of HUD streamline the project certification requirements that are applicable to insurance for condominium mortgages to that recertification is substantially less burdensome than certifications. In addition, the act requires that the Secretary of HUD also consider and modify other factors and practices in FHA project approvals for condominiums, including the amount of commercial space in a mixed-use project, transfer fees, and owner-occupancy requirements.…
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LIGHTS … CAMERA … LEGAL ACTION! Do Associations Increase Their Liability by Providing Security Measures?**
Many owners in common interest communities might assume that when their association takes steps to increase security – such as installing street lights, security gates, surveillance cameras, etc. – they are providing additional protection to the owners who live in the community. However, the opposite may be true. If a community’s governing documents do not require the association to provide security, the association may be undertaking responsibility where it has none. While security measures are a good idea in principle, community associations must be careful not to unintentionally increase their liability for third party criminal acts. …
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FHA Condominium Guidelines – Hope on the Horizon
At a time when our two major political parties can seem to agree on nothing, in an astounding turn of events, both the House and the Senate approved legislation that has been signed by President Obama, that, in part, revises how the Federal Housing Administration is required to evaluate condominium projects for FHA insurance.…
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