Molly Foley-Healy

Subscribe to Molly Foley-Healy's Posts

It is my pleasure once again to teach the annual Legislative Update for Homeowner Associations which is hosted in Aspen by the Aspen/Pitkin County Housing Authority (APCHA).  This seminar is free of charge and is open to board members, homeowners and HOA managers.  If you live in the Aspen area or are vacationing there, please join us for this seminar!  In addition to the information in this APCHA flyer, here are some specifics you need to know:

Date of the Seminar:  Thursday, August 22, 2013

Time:  11:30 am to 1:30 pm

Location:  Aspen City Council Chambers located at 130 South Galena Street

For more information and to RSVP, please call APCHA at 970-920-5050

Hats off to APCHA for providing this outstanding service for those living in and serving HOAs in the Aspen area!Continue Reading HOA Legislative Update Class Hosted by APCHA in Aspen!

Lately I have been running into folks who have had a lot to say about how boards of HOAs are enforcing use restrictions in the declarations for their communities (commonly referred to as "covenants") and the rules and regulations which I will refer to as the "rules."  While there are always two sides to every story, I thought it would be useful to to address some basic concepts which every board should be aware of when dealing with enforcement issues.   So here we go:

1.  Boards have a fiduciary duty to enforce the use restrictions in the declaration for their HOAs and the rules.  Owners have a legal obligation to comply with the use restrictions and rules.

2.  While Boards have the duty to enforce use restrictions and the rules, boards also have the authority under Colorado law to examine the unique circumstances behind particular violations and to exercise their reasonable business judgment on a case by case basis to determine whether to enforce or how far they should go with enforcement.    

3.  As a general rule, board members are also homeowners in their associations.  That means the board members also have a legal obligation to comply with the use restrictions and rules.   Compliance for board members is not optional!  In fact, if board members are not in compliance, how can they expect to require or enforce compliance from other owners?  Also, board members should be careful not to inappropriately give preferential treatment to their neighbors, family or friends. 

4.  Boards do not have the authority to levy a fine against an owner for a violation unless they first give that individual notice of the alleged violation and an opportunity for hearing to determine whether the violation occurred. Continue Reading Basic Enforcement Concepts for HOA Boards

Earlier this week, I was asked by the Alternative Dispute Resolution Section of the Colorado Bar Association to participate in a luncheon conversation about the use of mediation in HOA disputes.  We talked about the types of disputes which can occur in HOAs and the importance of mediators understanding the role of the governing documents and Colorado law in the HOA context.  However, I found the experiences shared by mediators…

Jase Robertson, a star of the hit show Duck Dynasty, got a bit sideways with his HOA for burning leaves and keeping chickens in his yard. As you might expect, Jase was sent covenant violation letters and seems to have been fined for these violations. 

In an attempt to “flush these rules down the commode” and get "creative,” Jace and members of his family (armed with a casserole) attended a meeting of their HOA Board to discuss the issue. When his time came to speak, Jase stated that: “We are endowed by our creator with certain unalienable rights – life, liberty and the pursuit of happiness. Chickens make me happy. They get insects. They fertilize your yard and if anything goes wrong, you can put them in a pot!” 

 

The Board President calmly and professionally informed Jase that when he bought his home he signed a document stating that they are not allowed to burn leaves in their yard or keep chickens. Jase, understanding the governing documents of his association covered these issues, stated: “They got me. I signed the contract. I didn’t know that was in there.”

 

//www.youtube.com/embed/uMTTpi5KmKkContinue Reading Does a Casserole Cure a Covenant Violation?

If you remember during the mortgage meltdown a few years ago, Fannie Mae and Freddie Mac became embroiled in scandal and bad press.  It now looks like there is some movement in the United States Congress to deal with Fannie and Freddie.  CAI National has just reported that eight United States Senators have introduced a bill that would wind down the operations of these quasi-governmental entities.  The big question is whether or when the bill will get traction.  Here’s what CAI has reported: Continue Reading Bill Introduced in United States Senate to Replace Fannie and Freddie

Early last week, I participated as a volunteer for the Rocky Mountain Chapter of Community Associations Institute on the HOA Line 9 which is hosted by 9 News with the assistance of the Chapter.  This oustanding program permits folks who live in and serve on the boards of HOAs in Colorado, to call in with questions about their associations.  While we received many questions on the new HOA debt collection law which will go into effect on January 1st, I also noticed a trend from the calls I received relating to transparency. 

Since I understand that many HOAs in Colorado are self-managed and the boards of directors which govern them may not necessarily be well-versed in the provisions of the Colorado Common Interest Ownership Act ("CCIOA") relating to open meetings, I thought now was a great time to provide these folks with basic information on the laws which appropriately promote transparency.  Please feel free to share this information with residents and board members of HOAs in Colorado.     

Here is what you need to know:Continue Reading With Few Exceptions – Open HOA Board Meetings Are Not Optional

If you have followed my summertime blog entries over the past couple of years, you know that I love dogs! In fact, my husband and I are the proud parents of a lab and two adorable beagles. While I love dogs, I have to tell you that I DO NOT love dog poop. Frankly, it’s fair to say that one of my pet peeves is when dog owners are not responsible and do not pick up after their canine kids.

Lily and Finnegan are always responsible poopers!Continue Reading Let’s Start a Poop Patrol Revolution!

Today is Flag Day and the 238th birthday of the United States Army!  There is no question in my mind that the vast majority of HOAs in Colorado recognize the importance of allowing residents to express their patriotism by displaying the American flag and service emblems.  However, as we observe Flag Day and prepare for the July 4th holiday, now is a great time to remind HOAs about applicable Colorado law.  Here’s what you need to know:      Continue Reading Happy Flag Day!

Members of Community Associations Institute in Colorado have received the following update from CAI’s Colorado Legislative Action Committee on the HOA Reform Package of bills: 

HOA Reform Bills Cross the Legislative Finish Line With Little Time to Spare

 

It is an understatement to say that the 2013 legislative session has been a busy one for CAI’s Colorado Legislative Action Committee (CLAC)! As you know, key legislators introduced a package of bills they called the HOA Reform Package which was aimed at providing consumer protections for owners and residents in HOAs. While CLAC did not author the bills, we were extremely involved in working the legislation in an effort to seek a balance between the rights of individual homeowners with their associations as a whole. While some folks have said that we just should have killed some of the bills, given the make-up of the legislature, we knew this was an impossible task and ultimately wouldn’t serve anyone well. As a result, we rolled up our sleeves and got to work. We are pleased with the results of our work with key legislators and ultimately ended up coming out in support of the following four pieces of legislation. 

Continue Reading Update from CAI’s Legislative Action Committee on HOA Reform Bills