Molly Foley-Healy

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Last week, Senator Mark Scheffel introduced Senate Bil 13-052 ("SB 52") which addresses construction defect claims for "transit-oriented developments."  These developments are defined in the bill as " . . . any multi-family residential or mixed-use project within one-half mile of any commuter rail stop, commuter light rail stop, or commuter bus stop."  Obviously, many HOAs in the greater Denver area would fall within this definition. 

As introduced, SB 52 would:Continue Reading Senate Bill Introduced to Address Construction Defects in “Transit-Oriented Developments”

As Chair of CAI’s Colorado Legislative Action Committee ("CLAC") and a political junky, I avidly follow federal and state legislative and regulatory initiatives relating to HOAs.  If you follow our blog, you know that on Friday Representative Su Ryden introduced HB 1134 which significantly increases the obligations and authority of the HOA Information Office & Resource Center and the HOA Information Officer. 

Not speaking as Chair of CLAC or a representative of Community Associations Institute, but speaking as an attorney who specializes in HOA law and who works daily with HOAs to address a variety of issues and challenges, I have to say that HOA legislation should address significant and pervasive problems in an efficient and cost effective manner.  Continue Reading Common Sense and Affordable Legislative Approaches Must Be a Priority

On Friday, House Bill 13-1134 ("HB 1134") was introduced by Representative Su Ryden in the Colorado House of Representatives to broaden the authority of the HOA Information Officer and to clarify the responsibilities of the HOA Information and Resource Center.  The primary sponsor of the bill in the Senate is Senator Morgan Carroll.  

While the HOA Information Office and HOA Information Officer are currently authorized to facilitate the registration process, provide information, collect complaints and publish an annual report on the complaints, this bill broadens the authority as follows: Continue Reading Bill Introduced in Colorado House to Broaden Authority and Responsibility of HOA Information Office

The Consumer Financial Protection Bureau has just released new mortgage guidelines which are intended to ensure that purchasers of homes have the ability to pay the costs associated with their homes which includes the ability to pay their HOA assessments.  Community Associations Institute (CAI), which has proactively been representing the interests of HOAs during the development of these new guidelines, has released the following information on the guidelines which will become effective in January of 2014:                                                                         

Qualified Mortgage (Ability to Repay) Guidelines Released

                                                                                                                          

On January 10, the Consumer Financial Protection Bureau (CFPB) released its long-awaited federal Qualified Mortgage (QM) standard. The new federal guidelines, which are required by the Wall Street Reform and Consumer Protection Act (commonly known as the Dodd Frank Act), establish minimum requirements for all mortgage loans.

 

As anticipated, the QM standard considers community association assessments a key factor when determining if a borrower is qualified for a mortgage. Ensuring borrowers can afford to pay association assessments will lead to stronger communities and prevent foreclosures.                               Continue Reading New Mortgage Guidelines with Ability to Pay Provisions Released

As the 2013 legislative session is slated to begin on Wednesday, Senator Carroll has gone on record with the Colorado Springs Gazette on her commitment to pass legislation that would create an HOA Czar and to license community association managers.  The bills will be introduced in the House and are expected to receive support in both chambers which are controlled…

Side Streets, carried in the Saturday edition of The Gazette in Colorado Springs, highlighted an interview with Mark Ferrandino – the new Speaker of the Colorado House.  Clearly, the Speaker is not a fan of HOAs and believes members of HOAs need "a way to complain and enforce the laws . . . "  As a result, he’s in favor of providing the HOA Information Officer with the authority to investigate and enforce Homeowner Bill of Rights provisions of the Colorado Common Interest Ownership Act ("CCIOA"). 

The Speaker’s disenchantment with HOAs comes from personal experience.  Evidently, at some point in time, the Speaker purchased a home in an HOA and thought the assessments were being handled through his mortgage payment.  As a result, he did not make his $25.00 monthly assessment payment.  After six months of not paying his assessments, the Speaker received notice that a lien had been recorded on his home. Continue Reading Speaker of the House Not a Fan of HOAs

Yesterday, the Denver Post reported that Senator Lucia Guzman and Representative Cristana Duran are planning to introduce a bill during the 2013 legislative session in Colorado ". . . to incentivize HOAs and other entities to build electric-car-charging stations."  However, the Post also reported that Duran said "We don’t want to mandate their construction."

Since there…

For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors. 

As I have reflected upon the less than constructive interpersonal dynamics which have become far too common in some HOAs during 2012 and the venomous diatribes of a small number of HOA critics, I’m more convinced than ever that it takes both directors and residents of HOAs (and managers and HOA lawyers for that matter) to do their part to create harmonious and livable communities. As a result, I humbly offer for your consideration the following 2013 New Year Resolutions for Directors and Residents of HOAs:Continue Reading 2013 New Year Resolutions for Directors and Residents of HOAs

It’s hard to believe that Thanksgiving is already behind us and 2013 is approaching quickly.  While folks are busy preparing for the holidays, it’s important for managers and boards of directors of HOAs in Colorado to also prepare now to comply with the new HOA records Law ("HB 1237") which goes into effect on January 1st.   Continue Reading January 1st is Fast Approaching – Is Your HOA Ready To Comply With the New HOA Records Law?