Mark K. Payne

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Over time, we’ve noticed that those who deal with common interest communities (homeowners and condominium associations) may regularly take for granted that everybody knows and understands what these communities are and how they function. We are as guilty of this as anyone. However, in a recent message from CAI (the Community Associations Institute), we were once again reminded that what is so common to us, may not be to others. So, borrowing from CAI, we are looking to help provide understanding.
Continue Reading Common Interest Communities – A Basic Understanding

We have blogged here before about homeowner discontent with associations and the effect that discontent can have on the morale of volunteer board members and community association professionals. In a blog entry last week , CAI’s Chief Executive Officer Tom Skiba addressed the very same topic, echoing many of the sentiments expressed here.

The weather is warm, your Association’s pool is prepped for summer, and Memorial Day is just around the corner. Everything is fine until the owners currently contesting their Association debt (the same owners whose case is currently set for trial in one month) call to request the pool key. Their son’s birthday falls over the weekend and the whole family will be in town to celebrate at the pool. Your Association documents say the key can be withheld if the account of the owner is not in good standing. Do you give them the key?
Continue Reading The Pool Key: to Withhold or Not to Withhold

When you began your position on the Board of your community association, you probably thought about what you, based on your life experiences, might be able to bring to the Board. Perhaps you are an accountant or a contractor. Perhaps you are an attorney or a landscaper. Due to the diversity of issues you will address on the Board, nearly every profession or trade has something to bring to the Board table.
Continue Reading Effective Communication Key to Building Strong Community

As you undoubtedly know by now, the first significant time sensitive obligation imposed by S.B. 100 has now passed. (You can review a copy of S.B. 100 by clicking on S.B. 100 under the “Other Resources and Lawyer Blogs” in the left margin of this page.) By January 1, 2006, virtually every common interest community was to have adopted seven mandatory responsible governance policies dealing with how it goes about adopting and amending policies, handling collections, dealing with board member conflicts of interest, conducting meetings, providing for members to inspect and copy association records, enforcing covenants and rules and imposing fines, and investing association reserve funds. If your association has not yet adopted these policies, it should do so right away. While there is no explicit remedy or penalty for an association’s failure to adopt these policies, to carry out its fiduciary responsibilities, your board must adopt these policies to comply with Colorado law and avoid any liability to your members for failure to do so.
Continue Reading S.B. 100 – Is It Over Yet?

As we approach the end of 2005, we reflect a little on this past year’s developments, not the least of which was passage of S.B 100. When the year started, and the bill was introduced, many in the common interest community industry assessed the bill and wondered why our legislators felt it was necessary. As it wended its way through both State houses, and ultimately to the Governor’s desk, it gained momentum, seemingly in stark opposition to what many outside of the State houses believed was necessary for mandatory governance of a common interest community. However, there seems to be significant concern with how community associations operate from those outside the industry to cause its passage. Here is an example of why.
Continue Reading Rules – Responsible Governance

We have discussed in previous postings that S.B. 100 (the “Act”) was signed by Governor Owens on June 6, 2005. Portions of the Act became effective immediately, while the balance of the Act becomes effective on January 1, 2006. For the most part, the Act modifies the provisions of the Colorado Common Interest Ownership Act (“CCIOA”). We continue to receive a number of questions about the applicability of the Act to pre-CCIOA associations (those formed before July 1, 1992), as well as associations that were exempt from the provisions of CCIOA, and specifically, whether the mandatory responsible governance policies required by the Act must be adopted by all associations.
Continue Reading S.B. 100 – What Associations Does It Apply To?